Saturday, October 31, 2009

Does anyone know anything about squatting laws?

I understand that this is largely on a state by state basis, but I was wondering what the general trend of squatting laws in the USA is - whether they favor more the landowner or the squatter. I would appreciate some specific examples of somewhat recent squatting cases or laws. Thanks.
Answer:
There is no such thing as "Squatter's RIghts" in the United States. It's called Adverse Possession and the time to adversely posses another's property depends on the state and the conditions under which you 'took' the land.

Almost every state requires that the possession be 'adverse' to the property owner's rights, as under color of title (when two people have a deed to the home) and that not only taxes are paid but the possession be 'open and hostile' to the rights of another.

In other words, you can just pay the taxes, have a deed and not live on and improve the land.

If you want to know about adverse possession in each state, go here:
http://www.lectlaw.com/files/lat06.htm...

and a sample discussion of state specific law here:
http://www.cga.ct.gov/2006/rpt/2006-r-00...
All I know about it is if there is an absentee land owner (perhaps he lives out of state) and a stranger comes to live on his property (it's usually just on a piece of land, does not include a house) and he never checks on his property and that person goes ahead and lives there a long time and pays taxes on it (and the owner doesn't, or it's not called to his attention that someone else is paying the taxes on it), and if the time squatting meets the time in the law, then by law that person owns it and the real owner loses his property.

There are all kinds of strange things going on in different states and this is one of the reasons before a person purchases a home that they check the property to see the chain of title and to see that everything is legal before he buys the house. This is why a person needs a real estate agent or realtor.

I don't know what you mean by "trend". I don't think there is a "trend"; I don't think it happens a lot.

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