Squatting has been all over the news lately. People have been breaking into homes and making themselves comfortable and refusing to leave when the owners come calling.
In Washington last fall a homeowner had a tenant who was no longer paying rent but refused to leave the property. Without that rental income, the homeowner was forced to give up his own home and live in his car. Meanwhile, his squatter was not only living in the homeowner's property rent-free, but also renting out the basement on Airbnb. (In California we have a process of eviction that would address that but it can still take some time.) The second case that I heard on the news was in New York when 52-year-old Nadia Vitel entered her family’s apartment only to find it occupied by two teen squatters. They allegedly killed Vitel, stuffing her into a duffel bag in the closet, where she was later discovered by her son. What? What is the government doing about this?
So far this has been treated as a state issue. In New York State, "if a squatter has been living in a home for 30 days, they obtain tenant rights and homeowners must go through a court eviction process to get rid of them and their belongings," according to a Newsweek article on the issue. Several lawmakers are now seeking to change New York's squatters laws. Wow.
Well then how does squatting play out in California? In California squatters have no rights however our state has something called Adverse Possession which is when a person living on a piece of land makes claim to it. When we studied this for the real estate exam I thought it was ridiculous and couldn't imagine this ever coming into play in current life. There were cases sited in the late 1800s and early 1900s which made sense as the state was being settled but I couldn't imagine it playing out now. Perhaps I was wrong...
To make a successful claim for adverse possession in California, a squatter must meet the following requirements: Occupy the property for at least five consecutive years, cultivate or improve the land or property, pay all state, county, or municipal taxes throughout their occupation (CCP § 318, 325). Often, California squatters will be required to provide evidence that they have cultivated or improved the land. This includes cultivating it agriculturally or making improvements to the property itself.
Squatters in California must also meet five general requirements:
- Hostile possession: Occupying the property without permission
- Actual possession: Physically residing on the property
- Exclusive possession: Excluding all others from the property
- Continuous possession: Residing on the property for the entire 5-year period
- Open and Notorious Possession: Using the property openly without hiding occupancy
If these requirements are met, the squatter can file a lawsuit to claim legal ownership of the property. The big difference between this and the squatter cases we are seeing now is that those are shorter term with squatters being given rights in as little as 30 days. In California there is more to it than just short term possession.
Hopefully we will see legislation specifically addressing this in all states. Florida recently spelled out that it is illegal and they will be arresting squatters. That makes sense to me. Since when can you steal something and be allowed to legally keep it?