Squatter's rights

[[File:AnarchistSquatDemoGreece.jpg|thumb|right|<center>All your house is belong to us</center>]]
{{law}}
'''Squatter's rights''' refers to rights to live on land which is title-owned by an entity that hasn't given permission.<ref>Rob Bridgman. [https://gowlingwlg.com/en/insights-resources/articles/2020/how-to-deal-with-adverse-possession/ WHEN POSSESSION REALLY IS NINE TENTHS OF THE LAW…] Gowling WLG. Retrieved February 2nd, 2021.</ref> 

In the [[United States]], depending on the state, squatters can have legal [[rights]] to stolen,<ref>James Herring. [https://whattorneys.com/you-probably-dont-have-squatters-rights/ YOU PROBABLY DON’T HAVE "SQUATTER'S RIGHTS"] WIELING and HARRING. Retrieved February 2nd, 2021.</ref> non-[[government]] [[property]]. However, these rights only apply after having continuously lived in the property in a "notorious" and "open" manner,<ref name="nolo"> Emily Doskow. [https://www.nolo.com/legal-encyclopedia/adverse-possession-trespassers-become-owners-46934.html Adverse Possession: When Trespassers Become Property Owners] NOLO. Retrieved February 2nd, 2021.</ref> and maintained the land for 7<ref name="sparkrental">Michael Lewis. [https://sparkrental.com/squatters-rights/ What Are Squatters Rights? State-by-State Guide to Squatters Rights] SparkRental. Retrieved February 2nd, 2021.</ref> to 30<ref name="biggerpockets">Scott Smith. [https://www.biggerpockets.com/blog/squatters-landlords-legal-removal Squatters: What’s Legal, What’s Not, & How to Get Rid of Them] BiggerPockets. Retrieved February 2nd, 2021.</ref> years after the owner stopped occupying the property.<ref name="sparkrental" /> 

Squatter's rights are the subject of much controversy in [[Capitalism|market economies]]. Many mortgage payers and renters call it a [[crank]] practice that is guided by either bleeding-heart, overzealous do-goodism,<ref>Chan Lowe. [https://www.sun-sentinel.com/opinion/fl-xpm-2013-03-12-sfl-squatters-in-south-florida-20130312-story.html Chan Lowe: Squatters in South Florida] South Florida Sun Sentinel. Retrieved February 2nd, 2021.</ref><ref>Douglas. [https://nearlylegal.co.uk/2011/09/squatting-a-reply-to-mike-weatherley-mp/ if they think an average person is physically equipped to take on a gang of squatters...] Commenter on Nearlylegal.com. Retrieved February 2nd, 2021.</ref> or inaccurate notions of citizenship, depending on the situation. Proponents of squatter's rights consider such rights a weapon against overly-[[authoritarian]] attitudes toward [[property]] that is necessary for [[human]] survival. They often use "squatter's rights" campaigns to get the homeless a home, for example.

==General crankery and abuse of the concept==
Many squatters might try to abuse the system by falsely claiming the legal rights to land that they had squatted on for far less than the statutory minimum amount of time needed to successfully claim adverse possession.

Critics of squatters often assert that squatter's rights do not exist at all in the USA,<ref name="credit.com">Christine DiGangi. [https://www.credit.com/blog/do-squatters-actually-have-rights-71916/ Do squatters actually have rights?] Credit. Retrieved February 2nd, 2021.</ref><ref>Dallas. [http://www.reiofvirginia.com/2013/02/criminal-tresspassing-squtters.html Criminal Tresspassing, Squatters] Retail Investors of Virginia. Retrieved February 2nd, 2021.</ref><ref>	
bluedevil2k. [https://news.ycombinator.com/item?id=23798056 There's no such thing as "squatters rights" or anything or a statute of limitations.] Retrieved February 2nd, 2021.</ref><ref>NuWire. [https://www.nuwireinvestor.com/the-myth-of-mexican-property-ownership/The Myth of Mexican Property Ownership] NuWire Investor. Retrieved February 2nd, 2021.</ref> which is false, as adverse possession laws exist in all 50 US states.<ref>Anonymous columnist. [https://www.american-apartment-owners-association.org/property-management/latest-news/squatters-rights-law/ Squatters’ Rights: Guide to State Law & How-To Evict] American Apartment Owners Association. Retrieved February 2nd, 2021.</ref>

==Is it legal?== 
The media journalist Christine DiGangi notes that the term "squatter" is not a legal one.<ref name="credit.com" /> 

While the term "squatter's rights" is rare in legalese, having only been used in federal United States code in ch. 261, §2(a), 58 Stat. 279,<ref>US legal code [https://uscode.house.gov/statviewer.htm?volume=41&page=629 Sixty Sixth Congress. Session II. Chs. 209-2011. 1920. Page 629.] US Congress. Retrieved February 2nd, 2021.</ref> squatting can count as an intentional attempt at legal adverse possession, with real possibility of success. 

===Intentional vs unintentional squatting===
US law does not distinguish between unintentional and intentional squatting when it says such squatters can legally claim adverse possession after having maintained stolen land for a statutory minimum of years.<ref name="sparkrental" />

===Conflicting incentives creates drama===
Squatting is technically illegal in the [[United States|USA]] until the statutory minimum amount of years required to claim adverse possession, but possibly fully legally sanctioned after that, if it was done, "openly" and "notoriously".<ref name="nolo" />  This creates drama as squatters are incentivized to make themselves publicly, rather than privately, fugitive,<ref name="nolo" /> at the same time as property owners are incentivized to lock them up before the minimum number of years required to claim adverse possession.

The likelihood of a squatter successfully claiming adverse ownership is dependent on the will and interest of the local [[police]] force and surrounding community to intervene to evict them. Without such, the squatter may be successful. Lawyers, prosecutors, and local police are often reluctant to pursue squatters, in order to avoid violent conflict, which delays their eviction by years. (outside Florida, which has further criminalized squatting) Successful adverse possession is very, very difficult nowadays. Quite often, the situation escalates into a local news story due to the drama inherent to the attempt at adverse possession.

The [[media]] landlord journalist "Scott Smith" argues that the possibility of legally claiming adverse possession of stolen land, after intentionally squatting in it, is "very real" in the US, although he notes that one needs to properly maintain the property, including perhaps paying property [[taxes]], and for at least 7 years, depending on the state.<ref name="biggerpockets"/>

==Why are there squatter's rights nowadays?==
Squatters are generally looked down upon by modern property owners, mortgage payers, and renters. This raises the question of why squatter's rights exists at all nowadays, given that property owners, mortgage payers, and renters usually have much more political power than squatters in general, disregarding laws about property. 

===Previously generous attitudes towards squatting===
Some attribute the general idea of squatter's rights to more generous attitudes toward squatting that existed prior to our current system of property rights. The "Code of Hammurabi" of 2000 BCE let squatters claim house, garden, or field after maintaining it for three years. [[Ancient Rome|Ancient Romans]] were even more generous toward squatters, considering them to possess a stronger claim to "ownership" of land than the title owner, given proper maintenance, without a particularly long time-frame of maintenance. Others attribute the origin of squatter's rights to the first adverse possession clauses in old [[English]] law, as the first adverse possession laws in Britain were created to deal with the fact that record-keeping of property rights was difficult at the time.<ref>Joseph G. Ballstaedt. [https://www.racinelaw.net/blog/strange-doctrine-adverse-possession-origins/ https://www.racinelaw.net/blog/strange-doctrine-adverse-possession-origins/] Racine Law. Retrieved February 2nd, 2021.</ref>

===Squatter's rights as compromise===
Squatter's rights are also given as compromise to appease a particularly pro-squatter [[democratic]] [[political]] base. For example, a 1985 Democratic Party primary in [[New York City]] hinged partially on the generosity of the [[government]] toward illegal squatters in 25 vacant buildings. The end result was that the government let [[ACORN]] give the illegal squatters homesteading rights in return for limited government right of resale of the property.<ref name="compromise1">Steven Erlanger. [https://www.nytimes.com/1987/10/12/nyregion/new-york-turns-squatters-into-homeowners.html New York Turns Squatters Into Homeowners] New York Times. Retrieved February 2nd, 2021.</ref><ref name="compromise2>Brian Gardiner. [https://mckinneylaw.iu.edu/iiclr/pdf/vol8p119.pdf Squatters' Rights and Adverse Possession: A Search for Equitable Application of Property Laws]  page 144. Indiana International & Comparative Law Review. Retrieved February 2nd, 2021.</ref>

Squatters in [[poor]] countries can become so numerous that they reach the levels of, "informal settlements". For example, "informal settlement" squatters in the [[Philippines]] are often relocated to outskirts of a city as a compromise, instead of being arrested.<ref>Aurora Almendral. [https://www.yesmagazine.org/democracy/2015/05/07/filipino-neighbors-fought-new-homes-won/ After Years of Living as Squatters, These Filipino Neighbors Fought for Nice, New Homes in Their Community—And Won] Yes Magazine. Retrieved February 2nd, 2021.</ref>

===Prolonging squatting to avoid violent conflict===
[[Cliven Bundy]] has been described by others as a "squatter" for refusing to leave his ranch after defaulting on grazing fees, and grazing on public lands without a permit.<ref>Mary Papenfuss. [https://www.huffpost.com/entry/cliven-bundy-walk-towards-gun-public-lands-joe-biden_n_600614efc5b6df63a9193bf4 Range Squatter Cliven Bundy Prepared To ‘Walk Towards Guns’ In Biden Administration] Huffington Post. Retrieved February 2nd, 2021.</ref> Bundy is arguably close to the [[sovereign citizen]] movement, which is composed of [[far-right]] conservatives who automatically reject government authority. Although, Bundy's bunch are arguably closer to the 1970s Sagebrush movement, which opposed government ownership of public lands.<ref>Salvador Hernandez. [https://www.buzzfeednews.com/article/salvadorhernandez/ryan-bundy-nevada-governor-campaign Ryan Bundy Helped Lead Two Armed Standoffs Against The Government. Now He's Running A Conspiracy-Laced Campaign For Governor.] Buzzfeed. Retrieved February 2nd, 2021.</ref>

The Bundy situation resulted in authorities going into a prolonged standoff with the Bundys, resulting in 41 days of very public squatting on public land.

People who describe as [[sovereign citizen]]s are often [[Gun nut|very keen on owning guns]], and have been known to file bogus deeds for properties.  They have also been known to change locks on properties to illegally "rent" them out, all across the USA. Their illegal activity has been met with prolonged investigation so that an adequate number of authorities can respond to potentially-violent scenarios.<ref>Sarah Netter. [https://abcnews.go.com/US/georgia-battling-sovereign-citizens-squatting-foreclosed-homes/story?id=11445382 Anti-Government Sovereign Citizens Taking Foreclosed Homes Using Phony Deeds, Authorities Say] ABC News. Retrieved February 2nd, 2021.</ref>

==Squatting activism==
A number of US groups have formed with the sole purpose of facilitating US squatting, with websites and everything, along with publishing the names of the group organizers.  This often results in eye-rolls from bougie liberals.  Such squatting facilitation groups were most prominent in Florida, however they could not have had much positive influence on Florida politics.  For example, despite the historically large amount of this  pro-squatting activist activity in Florida, Florida now has the harshest laws against squatting anywhere in the country, signed by governor Ron DeSantis.  This at least raises a red flag about the usefulness of public squatting activism for pro-squatters in red states.

==See also==
*[[Property]]
*[[Eminent domain]]
*[[Sovereign citizen]]

==References==
{{reflist|2}}