How Did We Get Here? Squatters Have More Rights Than Owners…

[Ingomike]

Based on what I have read A can break into your property and take up residence, you call LEO because A is breaking and entering and trespassing, A waves a paper claiming it is a lease, LEO tells you to sue A and leaves.

How many minutes must A be in the property to establish residency? That exact story happened in Chicago recently to a family that was rehabbing a house, the squatters just moved in when it was just finished before they listed it for sale.

This is a crazy story, just the latest I have seen.

LA law protects Airbnb guest living at Brentwood rental for 500+ days without paying rent

Airbnb guest Elizabeth Hirschhorn rented a Brentwood guesthouse for a long-term stay in 2021 but has since remained in the unit for over 540 days — without paying rent.

www.foxla.com

 

[Creedmoor]

A quick call to your local Pagans, Outlaws, Sons of Silence or Hells Angles Clubhouse with a request and a donation.
Problem solved.

 

[woowoo2]

Time to flea bomb the property.

 

[Cameramonkey]

Its sad that you cant show your deed and lack of your name on their lease (Or if they are smart and looked up your property card, lack of matching signature) for cops to take action.

 

[Creedmoor]

Its sad that you cant show your deed and lack of your name on their lease (Or if they are smart and looked up your property card, lack of matching signature) for cops to take action.

I believe its generally a civil matter. Not much LE can do.

 

[Ingomike]

I believe its generally a civil matter. Not much LE can do.

Agreed. I am trying to figure out just how long is the time frame between breaking and entering/trespassing to squatters rights? And how we got to the point we are…

 

[Libertarian01]

I would think a legal homeowner could get around this by accusing the squatter of lying to the police. That IS a crime.

So homeowner calls cops on squatter. Squatter tells police "I have lease."

Homeowner tells cops, "That is not a lease. I never signed it. Squatter is lying to you."

I would think that cops could (after quick investigation) then charge squatter with giving false information and haul away.

Then homeowner calls locksmith ASAP, pays extra service charge, and changes all the locks. NOW! Problem solved.

On a historical note don't a lot of these laws date back to a time that food was really needed, and if someone "improved" land by farming it and building on it that they would claim, somewhat reasonably, that they were contributing to the local community?

Otherwise, America has always been huge on property rights. I am somewhat ignorant of the rationale behind this legal concept of claiming property by squatting.

Regards,

Doug

 

[Ingomike]

So a person leaves for work, the squatters watch and break in as soon as they are gone, they quickly put on new door locks, unplug the garage door opener, and the owner comes home, calls the cops, the squatters wave a claimed lease and LEO says it is a civil matter. The courts take months at best, to resolve this...

 

[Creedmoor]

Agreed. I am trying to figure out just how long is the time frame between breaking and entering/trespassing to squatters rights? And how we got to the point we are…

How does one prove to LE that the lease or deed they have is fake?
I don't believe with a civil matter LE will go to the city building and see whos name is on the deed.
I believe in most States unless one can prove Trespass, its a civil matter.

 

[Cameramonkey]

I believe its generally a civil matter. Not much LE can do.

It shouldnt be. Its trespassing and your proof of ownership should be enough to make it NOT a civil matter.

 

[Creedmoor]

So a person leaves for work, the squatters watch and break in as soon as they are gone, they quickly put on new door locks, unplug the garage door opener, and the owner comes home, calls the cops, the squatters wave a claimed lease and LEO says it is a civil matter. The courts take months at best, to resolve this...

I believe its normally done with vacant, for sale, repossessed and empty for a few years, out of State owners, grams died and the kid lives 1,000 miles away and doesn't care about it and so on.
Every town/city has a few vacant homes.

 

[Creedmoor]

It shouldnt be. Its trespassing and your proof of ownership should be enough to make it NOT a civil matter.

I dont make the laws.

How does a Cop figure that out, on a front porch on a sat night?

Like eviction, one has to do the court system before LE gets involved in the eviction.

 

[Leadeye]

Laws are different around the country. They are tougher on the squatters here in Indiana. I think other places, especially those with political machines, cater to a criminal constituency.

I got rid of one a few years back that was rat smart about the law, I had to get the ground surveyed to move him out.

 

[Ingomike]

So a person leaves for work, the squatters watch and break in as soon as they are gone, they quickly put on new door locks, unplug the garage door opener, and the owner comes home, calls the cops, the squatters wave a claimed lease and LEO says it is a civil matter. The courts take months at best, to resolve this...

I believe its normally done with vacant, for sale, repossessed and empty for a few years, out of State owners, grams died and the kid lives 1,000 miles away and doesn't care about it and so on.
Every town/city has a few vacant homes.

Correct, usually. I fear the example I posted is the next level they will go to…

 

[Michigan Slim]

I felt threatened officer! He charged me!

 

[Knight Rider]

So a guy steals my car and when pulled over the thief waves a hand written bill of sale. Are we saying the cop turns him loose and recommends I sue the perp to get my car back?

 

[Creedmoor]

So a guy steals my car and when pulled over the thief waves a hand written bill of sale. Are we saying the cop turns him loose and recommends I sue the perp to get my car back?

Thats not a civil matter,
A title, registration and a response from BMV / MVA check wins that discussion.

 

[Ingomike]

Thats not a civil matter,
A title, registration and a response from BMV / MVA check wins that discussion.

How so? If the thief has a BOS that would have similar need to be looked at in a civil court to verify authenticity.

 

[Cameramonkey]

And dont even get me started on the BS that is home title theft...

 

[rosejm]

I don't think you can be prosecuted for breaking & entering property that you own right?

You're also within your rights to have a vehicle towed from any property that you own, even if there are lawful tenants present.