I’m not an attorney. That’s a common thing to say when someone crosses into an area where they aren’t an expert and that’s what I’m saying now, to be honest. I want to raise awareness, but don’t want you to think I’m the subject matter expert on this subject.
So, today’s topic is about squatters. Let’s start by defining ‘squatter’. According to Investopedia, a squatter is “one who settles in or occupies a piece of property with no legal claim to that property. A squatter lives on a property to which they have no title, right, or lease.” States have varying laws. For that matter, there could be some who lack any laws on this. In some states, squatters can actually obtain ‘Adverse Possession’, which is a scenario in which a squatter might have had continuous possession without directly infringing on the true owner’s rights during that period. In this scenario, a court might end up protecting the squatter over the rightful owner! This is one example of ‘Squatters Rights’ and without getting overly political, the variance in laws can differ between blue & red states.
Before coming to the Morgantown area, I once listed an apartment building in Parkersburg. The owner lived out of state but travelled to meet me at the complex. Upon entering one of the units, we immediately realized a squatter had been residing. I became extremely alert for a possible confrontation, but it turned out that he or she wasn’t present at that moment. However, guess who was? The pet rabbit, and this rabbit left us plenty of landmines…if you know what I mean.
I have friends who are landlords and have endured similar situations. Like I alluded to at the beginning, I’m not able to offer legal advice, but please consider a few things.
1. Don’t leave your vacant properties unchecked for lengthy periods. The length of time a squatter is present (at least in some states), the more legal protection they could have.
2. Learn the difference between ‘squatters’, ‘trespassers’ and ‘holdover tenants’. It’s one thing to evict a tenant, but trying to evict a trespasser or squatter, could imply they were previously there legally.
3. Please realize that turning off utilities to drive someone away, could have legal complications. Consult legal counsel!
Portland, Oregon developer, George McCleary, has appeared on numerous Real Estate podcasts. He’s prominent on social media and offers lots of advice. He tells of stories in which property owners have resorted to rather creative methods to encourage squatters or trespassers to leave the premises. He’s citied incidents of property owners introducing rats and snakes into a home, but he also says you shouldn’t try to handle a situation on your own. Not only are there possible legal nightmares, but there’s the possibility of someone getting hurt if a physical confrontation were to take place. No matter if ‘Squatters Rights’ are right or wrong, they exist. I do not defend illegal activity but try to realize that a squatter you may encounter, might be desperate. Don’t do anything rash and please be careful.