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Do Squatters Have Rights?

By
Real Estate Agent

A couple in the Long Beach, CA  area came upon squatters in their vacant home recently.  It was listed, (I can hear the staggers now...) but it didn't stop squatters from spending two week on the property before they were caught. Two weeks and not serviced!?


Anyway –  when confronted, the squatters told the real owners they were trespassing, I know I laughed too but wait it gets funnier.  The Police were called in to settle this dispute and the squatters produced an electric bill in their name to prove the property was theirs.  Sad but true. (lol)
a house in chains


Here is where change is needed.  It seems that the electric company will turn on electricity in your name if you have good credit and, since the Police could not verify property rights, they could not evict the squatters.  I know, they ought to be a law...!  Long story short, the squatters admitted to a Detective later on they were wrong and agreed to move out.


The question remains, do squatters have rights?  Yes and no.  In the legal world its call adverse possession. If the property was abandoned (in this case it was not) and some one else squatted on it for 5 years or more, and paid the taxes, the squatter can then claim control (depending on the state), and the squatter must openly admit they are taking possession of the property.  If the squatter is unknown to the rightful owner and does not have the right to occupy the premises then they must leave.


To prevent squatters here are some things you can do:

  • Keep property securely locked
  • Make regular visits to the property, or
  • Ask a neighbor to visit or hire a cleaner to make regular visits
  • Put lights on a timer
  • Leave a radio or TV turned on
  • Have blinds or curtains in place

If you find a squatter on your property, call the Police immediately, if they cannot assist you start legal proceedings. Do not approach them alone always have a witness and document your conversations with them.

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Richard Strahm
American Foursquare Realty - Lansdale, PA
Lansdale and North Penn Real Estate

The best tip was "Make reqular visits to your property."  If you're not in the position to do that, perhaps you whould rethink owinging the property . . .

Jun 25, 2010 03:35 PM
Keisha Hosea- KASIHomes.com
KASI Homes - Chino Hills, CA
Real Estate Solutions For Real People

Squatters are becoming more prevalent. One thing that I do when I list a vacant home is to first, ask the home owners to be sure to regularly check on their property. It is still theirs, after all. Secondly, I go introduce myself to the neighbors. It gives me a chance to tell them about the listing and ask for their help. I give them my card and tell them to call if they see anything suspicious. This has worked quite well.  I have had neighbors call to really keep me informed on EVERYTHING! Glad this worked out for you and good luck on a sale soon!

Jun 25, 2010 03:42 PM
Dan Edward Phillips
Dan Edward Phillips - Eureka, CA
Realtor and Broker/Owner

In California squatters do have rights once they are in possession.  Not much you can do.

Jun 25, 2010 05:42 PM
Dee Mayers
Covina, CA
San Gabriel Valley, CA

Richard,
That's really not fair, if the owners were not selling the home (for whatever reason) there would be no squatters.  I think if they had been informed that squatters will take over the home then regular visits would've prevented the problem.  Its not because, they choose to own a home, hence the problem.

Keisha,
Good point, however not only vacation homes but primary residences when up for sale or rent are being taken over.  I was blogging on a news item it is not my listing.  And thank you, I appreciate all the luck I can get.

Dan,
It depends on how long squatters are in possession, and if the real owners are aware of people taking over the property.

Jun 26, 2010 06:26 AM
Wanda Kubat-Nerdin - Wanda Can!
Red Rock Real Estate (435) 632-9374 - St. George, UT
St. George Utah Area Residential Sales Agent

Dee, That is amazing that squatters do have rights and to have the gall to tell the owners they were trespassing! Hilarious and BOLD!

Jun 26, 2010 10:46 AM
Dee Mayers
Covina, CA
San Gabriel Valley, CA

That's indicative of the world we live in.  The law is on the side of the owner however, making it hard for the squatter to have any property rights they must inform the owner. 

Jun 27, 2010 11:53 AM
Bill Travis
Captain Bill Realty, LLC - Gilbert, AZ
Broker/Owner

If the police wouldn't evict them I would immediately call the power company and chastise them for disconnecting my power without my authorization, and have them disconnect it right away.

Then I would hire the biggest body guard that I could find and pay them another visit. At the same time I would contact the local TV channel that would love to find out why the police would not evict them.

Jun 28, 2010 01:32 AM
Dee Mayers
Covina, CA
San Gabriel Valley, CA

Val,
The police needs proof of ownership before they can evict, the power company should change their policy, the local TV channel may shed light on it if they deem it news worthy, and I would leave the body guard at home.  You don't want to be charged with a criminal act now do you?

Jun 28, 2010 04:17 PM
Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate Services

Dee, You have given a great explanation of adverse possession and what to do to help prevent squatters and what to do if we find them. This was fun to read … just when we think we have heard it all …. (LOL)

Jun 30, 2010 05:22 PM
Dee Mayers
Covina, CA
San Gabriel Valley, CA

Thank you Kathleen.

Jul 01, 2010 10:38 AM