Laws regarding squatters vary from state to state. In California, squatting gives squatters who pay real estate taxes ownership for five years, with the possibility of being granted a lease after 30 days.
One of the latest stories of illegal occupation from California was reported by Fox News Digital in September after two mansions in the Hollywood Hills were occupied.
Film producer John Powers Middleton said: “I would like to apologize to the people of Los Angeles, especially my neighbors. What happened to two properties that I own is unacceptable. I'm doing it,” he said. He is the son of Philadelphia Phillies owner John S. Middleton, he previously said in a statement sent to Fox News Digital.
Under California squatter law, a claim for unlawful possession may be brought after five years, and a lease is often granted 30 days after the squatter has occupied the property. (St. Petersburg)
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Middleton also said, “What happened to my property was a crime and I hope everyone caught is prosecuted to the fullest extent of the law. Nobody in Los Angeles should be accused of out-of-control squatters and vandals. There is no need to put up with behavior.”
In March, Fox News Digital reported that a $5 million home in Beverly Hills had been broken into by squatters. The home's real estate agent called the police, but was told it was a “civil matter” because the squatters had entered into what they called a rental agreement.
It is not uncommon for squatters to provide false documentation.
It is not uncommon for squatters to create false documents. (St. Petersburg)
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“These squatters are very smart,” said Daniel P. Phillips, a real estate litigation partner at Belkin Baden Goldman. They will come up with false stories about how they got in.” He previously spoke to FOX News Digital in New York.
Several California-based law firms point out on their websites that they cannot give title to squatters after 30 days, but they can give them a lease.
If a landlord gives a written notice to a squatter asking them to vacate the property and they do not vacate, they must file a suit for trespass in court. Trials often take several months to reach a conclusion.
Squatters cannot obtain legal title to the property after 30 days, but after paying taxes on the property for five years, they may be able to obtain title by squatting.
In many squatting cases, the landlord must file a squatter lawsuit in order to evict the squatter. (St. Petersburg)
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Unlawful possession, known as “squatter's rights,” is not unique to California, but each state has different time periods and other requirements for claiming it.
Illegal possession does not necessarily have to do with squatters. Additionally, if a homeowner installs a fence to mark the boundaries of their property, but the fence accidentally encroaches on the neighboring property, they may be subject to unintentional claims. Homeowners who build fences can claim adverse ownership of the land they build on.
Each state has general requirements specific to it, such as that ownership be public and notorious, but specifications such as how long someone, such as a squatter, must own the land vary. According to FindLaw.com, California requires five years of employment and tax filing.
One California resident dug deep into the state's squatting laws to realize how squatters could live in homes, calling himself a “squatter hunter.” I gave it a unique name.
Many disputes between homeowners and squatters end up in court. (St. Petersburg)
The handyman who rehabilitated squatters claims he hacked their system and can handle yours too.
A “squatter hunter” whose real name is Flash Shelton personally dealt with the squatters when his mother's home was occupied. When he contacted law enforcement, he was told the matter was a civil matter.
After researching the law, he used it to his advantage and flipped the script.
“I learned everything about the squatters in a few days…I thought it would be great if we could establish rights. [to the home] It'll work out before they and I replace them and become squatters,” Shelton previously told Fox News Digital.
“We replaced them, we became their squatters, we locked them out, we installed cameras and we just said we would prosecute them if they came back in. [that] That was enough,” he said.
Shelton's story went viral on social media and she is now helping others in similar situations to her mother's.
Flash Shelton, who helps people evict squatters from their homes, previously spoke on FOX News Digital about how various laws help protect homeowners. . (St. Petersburg)
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He also talked about legal changes he believes will help protect homeowners.
“In a state that is friendly to squatters, the squatters are just assuming the rights of the tenants. So what we have to do is separate that out,” Shelton told Fox News Digital. . “And if someone illegally enters a home, it should be a crime, no matter how long they've been there.”
