What is a squatter in real estate and are they breaking the law?
Empty houses tell stories. Some sit vacant after foreclosures, others await new owners, and occasionally, these properties attract unexpected residents - squatters. The reality of squatting creates headaches for property owners while raising complex legal questions about occupancy rights.
Squatter: A squatter is someone who lives in or occupies a property without the legal right, permission, or payment to the rightful owner. This unauthorized occupancy often occurs in vacant buildings, abandoned homes, or undeveloped land.
Understanding Squatter's Rights
You might be surprised to learn that squatters have certain legal protections. These rights stem from adverse possession laws, which vary by state. In some places, a squatter who openly lives on a property and meets specific requirements might claim ownership after 5-20 years.
To claim adverse possession, squatters must typically:
Occupy the property continuously
Make their presence known (not hide)
Pay property taxes in some states
Improve or maintain the property
A key distinction exists between squatters and trespassers. Trespassers enter a property briefly without permission. Squatters establish residency, often bringing belongings and receiving mail. This distinction affects how law enforcement handles removal.
Common Paths to Squatting
People become squatters through various circumstances. I've seen cases where tenants stop paying rent but refuse to leave after lease expiration. Other situations involve people moving into abandoned properties during foreclosure proceedings.
Economic factors often drive squatting:
Rising housing costs pricing people out of rentals
Limited affordable housing options
Job losses leading to evictions
Legal Implications for Property Owners
If you own property, prevention beats dealing with established squatters. Regular property checks, secure locks, and clear "No Trespassing" signs help deter unauthorized occupants.
Once squatters move in, removal requires proper legal channels:
Filing formal eviction paperwork
Obtaining court orders
Working with law enforcement for removal
Never attempt self-help eviction through intimidation or utility shutoffs - these actions could make you legally liable.
Protecting Your Property
Smart property protection includes:
Installing security cameras and alarm systems
Maintaining regular property appearance
Keeping detailed ownership records
Documenting regular inspections
Reality vs. Fiction: Squatter Misconceptions
Many people think property owners can simply call police to remove squatters immediately. The truth requires more patience. Police often treat squatting as civil rather than criminal matters, requiring proper eviction proceedings.
Market Impact of Squatting
Squatting affects more than individual properties. Neighboring home values may decrease if squatters neglect maintenance. Insurance companies might increase rates in areas with frequent squatting issues.
Steps When Finding Squatters
If you discover squatters:
Document everything with photos and videos
File police reports
Contact a real estate attorney
Start formal eviction proceedings
Protecting Your Investment
Property ownership brings responsibilities. Regular monitoring and maintenance prevent most squatting situations. Professional property management services offer peace of mind through consistent oversight and quick response to issues.
Bellhaven Real Estate provides comprehensive property management services to protect your investment. Our team handles regular inspections, maintenance coordination, and tenant screening to prevent unauthorized occupancy issues before they start.