Squatter Prevention and Eviction

Squatter > Deed Thief > Property Owner

The squatter of yesterday may have often been a desperate person seeking shelter where they could, and fighting to stay. That is no longer the case.

Today's squatter is often a professional, combining the practice of taking unauthorized residence in a property they do not own, with the practice of stealing the deed, sometimes in conspiracy with organized criminals.

Unlike a simple deed theft, a squatter has potential, given the right circumstances, to not only take over the property, but to legally obtain the title. This makes it the ultimate form of deed theft.

How they get you

Every state has its own squatter laws. They differ, but have similarities.

A professional squatter has a multi-step objective, aimed at ultimately gaining title to your property. Know the steps to know the defense.

Gain access to the property
This could be as simple as barging in, breaking in when no one is home. More commonly it's renting a vacation rental or a room in an occupied home
Stay beyond permission
This could mean not leaving when the party is over, or staying beyond the checkout time of an Airbnb, or renting a room and then ceasing payment but refusing to leave.
Claim an agreement is in place
When the property owner call the authorities, usually the police, the squatter claims the property owner leased them the property, and that they have a complete right to be there. Because law enforcement is not qualified under the law to determin the validity of a lease, the police will usually tell the parties it is a civil matter, and must be settled in civil court. This is a major victory for the squatter, who can then tell anyone asking that they have a claim to your property and police have verified it is a civil matter. This keeps them from being cited for trespassing.
Change the Locks
The squatter can now change the locks as soon as you're out of the property, claiming residency from that moment on.
Remain in the property for over 30 days
Eviction without an agreement will almost automatically stretch to 30 days. In many states, that's the magic number. At thirty days in all of California and some other jurisdictions, a squatter legally becomes a tenant. That almost always means a lengthy eviction, not just a quick unlawful detainer type. Once the squatter has tenant's rights, the property owner usually has to show "bad behavior" by the squattter in order to evict them. They often know this and act accordingly.
Stretch the eviction out as long as possible
The squatter will likely claim you agreed to a lease and changed your mind, and filed the eviction in retaliation. Once you answer that, they'll start challenging the procedure of the eviction. It is not difficult to get these claims to escalate to a jury trial. Eviction time goes from three months to a year.

7. Buld the expenses against the property owner
By this time you could easily be in this defense over $50,000 in legal costs alone. On top of that you have any payments on the property, insurance, taxes, association fees and more. But in addition to these, the squatter can easily record liens against the property for work claimed and other causes.

Many will beging to fall behind at this point. The squatter banks on this and begins paying for maintenance, property taxes, repairs, even mortgage payments. Clearing up clouds on title such as mechanics liens can cost thousands. This is the stage at which many property owners give up. Costs can exceed the value of the property.

8. Get to the Adverse Posession miniums
Once a squatter stays a minimum legal time, often five years, and can show their financial contributions and upkeep, they can file for Adverse Posession. If granted, they are granted the deed to the property, legally.

Adverse Possession is not easy to attain, but professional squatters and deed thieves often know the law and work hard to get there.
To be valid, Adverse Posession must be all of the following:

Open and notorious

The occupation is obvious, visible, and easily discoverable by anyone, including the actual owner if they visit the property.

Actual Possession

The squatter physically lives on, maintains, or improves the land (such as fencing, landscaping, or repairs) as a true owner would

Exclusive

The squatter uses the property alone and does not share control with the true owner or the general public.

Continuous and Uninterrupted

The possession lasts for a specific statutory period defined by state law—which ranges from as short as 5 years (e.g., in California, which also requires paying property taxes) to 20 years or more in other jurisdictions

Hostile (Without Permission)

The occupation is against the owner's interests and without their consent (it does not mean anger, just unconsented use)

How to Defeat Squatters

First of all, if you have squatters now, get an attorney. This is not legal advice. We are not attorneys and we do not offer legal advice. If you like our suggestions, run them by your attorney and accountant. We are happy to collaborate.

To be done in advance

To be done when the squatter moves in

To be done when the squatter gets tenant's rights, files a false deed or large liens, or goes for adverse posession

Deploy Deedsafe preemptively. This provides your critical nuclear option if a squatter gets tenants rights or goes for Adverse Possession, but it must be in place in advance.
Consider that any person coming into your property can become a squatter. Restrict access accordingly.
Place "Not For Rent" signs at all entrances. Photograph or film them with evidence of the date of posting. Signs need not be ugly or commercial looking, just noticeable.
Post "No Trespassing" signs visible from any approach to the property. These signs help police justify trespassing anyone who won't leave, rather than deeming it a "civil matter". If that fails, the signs will still help your case in court later.
Stay safe and do not confront or threaten anyone. Beyond clarifying what their intent is, acting without the court is considered "self help" and is illegal on the part of the property owner. Likewise don't move them or their belongings, or shut off utlities, etc.
Begin a Foreclosure Proceeding. Because your Deedsafe Asset Protection program includes a specialized deed of trust or mortgage against the property, in favor of your own trust or other entity, you have the ability to foreclose on the property. The same goes for if the squatter has recorded a bogus deed, liens, or other clouds to title. Your foreclosure wipes them out, and your trust or other entity need not show "bad behavior" on behalf of the squatter, in order to evict them.

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