Who Is Considered a Squatter in California?
A squatter is someone who uses or occupies someone else's property without permission or knowledge of the property owner. They have no lease, no legal agreement, and they are not paying any rent; they are just living free on someone else's property or under someone's desk. This property can be land, a home, a commercial building, or any type of real estate.
Now...Can a squatter gain ownership of a property simply by squatting simply by occupying somebody’s property?
Yes, it is very rare but in California. A squatter can claim rights to a property after living on or caring for the property for 5 continuous years. This is called adverse possession. But before you all go out and start searching for abandoned homes to go occupy there are some rules to follow:
- The Squatter must occupy the property for 5 years
- They must possess the property by caring for it and maintaining it. Any respectable squatter should be at least mowing the lawn right?
- The squatter must be paying the property taxes for the last 5 years. Nothing is free my friend, not even squatters' rights!
- The squatter's possession of the property must be “Open & notorious” which means that the squatter is not attempting to hide their occupation of the property. It must be obvious to anyone that they are squatting there (including any property owner who makes a reasonable effort to investigate).
- Exclusive possession, They cannot share possession or occupation with strangers, other tenants, other squatters, or even with the owner.
Has this happened before? Yes. Some Squatters have been able to take people's property through adverse possession.
Is it common? No, it is very rare. Squatters rarely can meet all the criteria and their use of the property is typically short-lived if the property owner is periodically visiting the property, or if neighbors report suspicious activity.
These simple steps can protect your property from potential squatters:
- Visit or inspect your vacant properties
- Properly secure your property with gates, locks, doors and windows locks. Makes sense if you don’t want people coming into your property don’t leave the doors and windows open.
- Use a property management company to rent it out and periodically inspect your property.
- Put up “No Trespassing” signs, especially if the property is currently vacant or unoccupied
And if you have a squatter in your property right now and you need to get rid of them, what should you do?
Call the police in some instances people will leave if or when the police come out to the property. If the squatter claims that they have a right to be in the property the police will not remove them from the property. So if they will not leave the property then...
You can offer them money to move. This can be the cheaper and faster way to get possession of the property back.
If your efforts are unsuccessful in getting the squatters out you will need to post a three-day notice and begin the eviction process similar to a non-paying tenant. An eviction, also known as an unlawful detainer will be a civil case held before a judge and if you get the judgment in your favor the court will order that the possession of your property be restored back to you. The whole process can take between 45-60 days before you get a sheriff lockout.
So keep those properties locked and loaded with tenants. Vacant or abandoned properties are a huge liability. So if you need help, call us or visit our website at [ Ссылка ] or find someone that is local to wherever your property is.
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