Have you ever heard the word “squatters”? Who are they: a group of athletes going to the gym together, a mysterious subculture of teenagers, or people occupying empty houses? A squatter is a person who lives in real estate that is uninhabited or unused by its owners. Though there is no reliable data concerning the exact number of squatters around the United States, it goes about several million people, which has urged the government to approach the issue from a legal perspective. So, who are squatters, what pushes them to live in strangers’ houses, and what rights do they have?

What Makes People Become Squatters?

Squatters are individuals who illegally occupy someone’s real estate — a flat, a house, a piece of land, or a whole building — without the permission of its owner. Squatters can live alone, in families, or in huge communities. The reasons pushing them to come to other people’s houses and live there differ:

  1. Economical. The rising cost of living and rent all around the United States has led to the situation that half of all American renters cannot afford to pay their rent. Having no access to affordable housing and no chance to get higher salaries, these people are forced to search for housing where they can live for free.
  2. Legal. People engaged in criminal activities often live in abandoned houses in order not to be noticed by the police.
  3. Ideological. Some people become squatters as, in such a way, they demonstrate their protest against the current political and economic situations in the world. They claim that capitalism and the desire to possess are imposed on society by those in power to make the economic gap between the poor and the rich bigger.

While the legal and ideological factors are matters of choice, the economic factor is an issue the government is forced to deal with. Therefore, almost all American states have specific laws related to squatting.

What Rights of Occupancy Do Squatters Have in Different States?

Squatter’s rights, also known as adverse possession, presuppose that a person can earn legal rights to a property if they live there for a certain period without the owner’s consent. Now, let’s find out what states have squatters rights:

  • California: Toclaim ownership, a squatter should live on a property continuously for five years, pay property taxes each year, and improve the property.
  • New York: Here, squatters must have lived on a property continuously for ten years to claim adverse possession. They must also meet additional requirements, including making regular improvements and using the property as if they were a true owner.
  • Texas: Squatters can claim ownership if they openly inhabit and maintain a property, cultivate the land (if farmland), or pay property taxes for ten years.
  • Florida: Local law offers a period of seven years for adverse possession. Squatters are required to possess the land openly and pay property taxes during that time, among other things.
  • Illinois: In this state, a squatter must openly, continuously, and hostilely possess property for 20 years to claim ownership. Paying taxes for seven continuous years is another way to claim adverse possession.
  • Michigan: Here, the law requires 15 years of continuous, open, and hostile possession for a squatter to claim ownership.

How Can a Squatter Prove Their Occupancy Rights?

In the states mentioned above, squatters can try to gain legal ownership of a property by following these steps:

  • The squatter must be able to demonstrate their continuous and open possession of the property. They might gather evidence such as photographs, bills, or testimonies from neighbors.
  • In most states, squatters must pay property taxes for a certain number of years. They will need receipts to prove this.
  • After the required period of occupancy and consistent tax payment, the squatter can file an adverse possession claim with the local county office.
  • It’s advisable for the squatter to hire a lawyer who’ll represent their rights. Because the process is complex and details differ from state to state, having a competent real estate lawyer can improve the chances of succeeding in an adverse possession claim.
  • After the claim is filed, it may go to court. However, the property owner can contest this claim. A judge will evaluate the evidence to determine whether the squatter has met all the requirements for adverse possession.
  • If the court rules in favor of the squatter, they would need to apply for a legal deed to the property.

The whole procedure can be challenging and time-consuming, but there’s no guarantee of success, and it might even lead to criminal charges for trespassing if mishandled.

Conclusion

Squatting is a phenomenon caused by many factors, but primarily by the rising poverty and lack of affordable housing. The fact that people are forced to occupy others’ houses even though they know it is illegal shows the urgency of the problem at the state level. Adverse possession laws that now exist in some states serve as at least some solution that still has many drawbacks and weak points. However, so far, for millions of people, it is still the only way to own a place to live.