You go away for a vacation. You return and find your front door locked and people or a person inside sleeping in your bed. Is this a squatter that you will have to go to civil court to evict, a process that could take months? Or do you enter, breaking a window and if necessary, confront the person at gunpoint, demanding that they leave, and if they don’t comply instantly you interpret their next movement as an attack and you shoot them. What do you do? Assume the burglar will tell the police that he rented the home from you if you call the police before acting.
The squatter is a burglar
- Thread starter vito
- Start date
Leave, preferably the country. Then someone drops by and removed them. And squats until you come back.
badguybuster
Blackhawk
I think legally it would depend on how the offender made initial entey into the home.
miniman
Blackhawk
blanket party
Busterswoodshop
Hunter
If it was my house , I can guarantee they would be leaving , and in a hurry.
" Is this a squatter that you will have to go to civil court to evict, a process that could take months? "
I don't know where you live but if this is actually a possibility, you need to MOVE. Where I live, finding someone ensconced in your home would result in a confrontation, gunfire, and an immediate resolution of the problem.
I don't know where you live but if this is actually a possibility, you need to MOVE. Where I live, finding someone ensconced in your home would result in a confrontation, gunfire, and an immediate resolution of the problem.
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RSIno1
Hunter
Each state will vary. I hope you're not in England and took a months vacation:
Yes, long-term squatters do have rights. The law suggests that in specific circumstances, long-term squatters can sometimes become the registered owner of the property they've occupied without the original owner's permission. This is often referred to as adverse possession.
You could apply for an Interim Possession Order if you discovered your property has been subject to squatting within the last 28 days. You can file an IPO and send it to the county court in your local area. The courts then send you a confirmation and documents that you then issue to the squatters within 48 hours.
Yes, long-term squatters do have rights. The law suggests that in specific circumstances, long-term squatters can sometimes become the registered owner of the property they've occupied without the original owner's permission. This is often referred to as adverse possession.
You could apply for an Interim Possession Order if you discovered your property has been subject to squatting within the last 28 days. You can file an IPO and send it to the county court in your local area. The courts then send you a confirmation and documents that you then issue to the squatters within 48 hours.
Pat-inCO
Hawkeye
Wouldn't legal questions be best handled by a lawyer?
It’s not a legal question. It’s a question of right and wrong. Of justice. Neither of which have anything to do with our legal system.
bobski
Hunter
each state is different. and every piece of paper mentioned here must be served by a marshall, who charges per page. and the court charges too. im a landlord and its bad enough to get someone out. let alone a squatter.
its a long expensive process where you never recoop losses. sure you get the home back, but what a mess itll be.
its a long expensive process where you never recoop losses. sure you get the home back, but what a mess itll be.
GunnyGene
Hawkeye
If you're on good terms with your neighbors, or have an amenable relative nearby, the best way to avoid the problem altogether is to arrange for them to house-sit while you're gone, or at least keep an eye on the place. A decent monitored security system also helps.
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I’m sure it will become more and more common. The disturbing part is the filth and destruction. At least clean up after yourself.
I’m thinking there is a reason people like that become homeless in the first place.
I’m thinking there is a reason people like that become homeless in the first place.
I’ve read news stories about people renting an apartment just before the Covid lockdowns. Then because nobody was being evicted, they quit paying rent. I’m one of the stories in NYC, the home owner had to default on her mortgage and move out leaving the non paying renter and the bank to sort it out.
But! They had contracts signed about renting. Squatting in the above scenario is different, they didn’t enter the house legally, assuming the home owner locked the house and was away. That’s breaking and entering, yes?
But! They had contracts signed about renting. Squatting in the above scenario is different, they didn’t enter the house legally, assuming the home owner locked the house and was away. That’s breaking and entering, yes?
OP
So if someone chose to leave their home for a short time without locking the door, somehow that gives a POS the right to move in and take possession of the house? Fortunately this doesn’t come up too often, but how would you prove to a police officer who responds to a call that your house is really yours? When a ballsy burglar yells that you falsely imprisoned him, and that in fact he claims that you are the intruder, not him, I could envision a police officer saying this is not something that he can resolve. Scary crap.
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It could happen while you are gone for the day. Come back to new locks and someone else barricaded in your house.
Apparently title theft is the new crime we have to worry about too.
You might not even own your own house and not know it.
Apparently title theft is the new crime we have to worry about too.
You might not even own your own house and not know it.
OP
I’ve heard the radio ads for title theft insurance, but thought it was just a scare tactic to frighten people. Anyone here actually have such insurance?
contender
Ruger Guru
Sadly,, all kinds of criminals study the laws & work on ways to circumvent the system, to skew things in their favor.
Say you have a person who owns a couple of homes in various locations. (I live in a tourist area with a lot of vacation homes & know folks who own 2,3 4 or more houses.)
You secure a house,, go live in another one,, and upon your return,, find the first house occupied, locks changed, AND sometimes, an adverse possession title claim filed.
A legal nightmare.
I have personally witnessed a case where a couple inherited an older house. They lived in another state. the previous owner had also lived elsewhere. The local house was vacant for quite some time. The new owners decided to sell the inherited house, as they were elderly, and had no desire to use that 2nd house. They hired a Real Estate agent to handle things.
My better half, Miss Penny.
When Penny went to look at the house,, she found;
Vagrants living there.
Garbage everywhere.
House severely damaged.
Vagrants refusing to move.
It took a LOT of work to file the paperwork & get the law enforcement folks to legally remove the squatters. Then, there was the expense of having the house cleaned out & the garbage removed etc.
All of this expense fell to the actual owners.
It was a nightmare.
Penny & I discussed all this often. We understand the desires of people having a second or maybe even a 3rd home. But if you do,, you MUST have some form of protections in place to prevent such things from happening. Security systems, neighbors. Paid person(s) to watch the place, and a good knowledge of the laws of the state where the house is located.
Say you have a person who owns a couple of homes in various locations. (I live in a tourist area with a lot of vacation homes & know folks who own 2,3 4 or more houses.)
You secure a house,, go live in another one,, and upon your return,, find the first house occupied, locks changed, AND sometimes, an adverse possession title claim filed.
A legal nightmare.
I have personally witnessed a case where a couple inherited an older house. They lived in another state. the previous owner had also lived elsewhere. The local house was vacant for quite some time. The new owners decided to sell the inherited house, as they were elderly, and had no desire to use that 2nd house. They hired a Real Estate agent to handle things.
My better half, Miss Penny.
When Penny went to look at the house,, she found;
Vagrants living there.
Garbage everywhere.
House severely damaged.
Vagrants refusing to move.
It took a LOT of work to file the paperwork & get the law enforcement folks to legally remove the squatters. Then, there was the expense of having the house cleaned out & the garbage removed etc.
All of this expense fell to the actual owners.
It was a nightmare.
Penny & I discussed all this often. We understand the desires of people having a second or maybe even a 3rd home. But if you do,, you MUST have some form of protections in place to prevent such things from happening. Security systems, neighbors. Paid person(s) to watch the place, and a good knowledge of the laws of the state where the house is located.
ronto
Hunter
Order them out and if they refuse they advanced on you in a threatening manner and you were in fear of your life...BANG.
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I heard about it the same way. Even if it wasn’t a problem before it will be now that the idea is being promulgated
BearBiologist
Hunter
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In most, if not all states, adverse possession requires that taxes be paid (proving the property had been abandoned). Also many states require that improvements be made.
Won't help much, but you can charge him with criminal trespass after all the dust is settled.
Take home: Hire a house sitter you trust.
Based on 25+ years in the title insurance industry.
Park in the driveway and pitch a tent in the front yard. Make them get rid of you!! Make him show a rental agreement or lease. Have him evicted for substantially reducing the value (not mowing the yard for instance!)
I owned 2 different vacation homes over the years and wondered a little about that. They were never used as rentals. I know what I wanted to do, go in and arrest the people. Likely would have phoned 911. They were in Washington state.
Assuming people here don’t want to just start killing other people.
And then throw into the mix, that if you start harassing the squatter to get out. They could go file a restraining order against you.
And then throw into the mix, that if you start harassing the squatter to get out. They could go file a restraining order against you.
I still say my way is better. Any LEO who sides with the trespasser shouldn't be drawing pay.
At which point you make sure you can’t leave your legal residence. Then they have to leave because you can’t.
john guedry
Single-Sixer
I know there's a darn good reason I never wanted to live in England. That's the stupidist bull I ever heard of.
Thumbcocker
Blackhawk
Call someone with a gun and a badge to remove them. Not as exciting as being a keyboard Rambo but legal and doesn't ruin your life.
bobski
Hunter
people buy body cams with live feeds including perps. if you are off my one inch in legal action....hang it up.
Except the fellow with the badge and gun “CAN’T” remove them without a court order. Which takes months if ever.
