It’s amazing when it happens. An absentee landlord may not know that someone lives on their property. When a person lives on the property without permission from the property owner, it is known as “squatting.” In some cases, squatters have been known to live in vacant houses and buildings for years before being discovered by the owner. In doing so, they establish a form of ownership over the property. While the real owner of the property can kick the person out, eviction of squatters requires that they go through a legal process. In this article, we’ll explore squatters, trespassers, and the art of evicting them.
Difference between squatting and breaking and entering
First, it is important to understand that illegal occupation and illegal entry are not necessarily the same thing. While trespassing is a criminal offense, squatting is technically a civil matter. By definition, squatting may not be illegal in your jurisdiction. Additionally, removal of a squatter requires the property owner to claim possession and prove ownership. That said, if there are signs of forced entry (broken windows, locks, etc.), then the invader is breaking in illegally and the police have the right to remove that person.
When the law works against you
Surprisingly (to the pain of thousands of homeowners), eviction of squatters can take months. In cases where a squatter has lived in a property for years, it can be almost impossible to evict them. The law requires the property owner to show proof of ownership. While that may seem like a simple matter at first, the fact that years have passed without a home or building owner being aware of the presence of a squatter can make your case less compelling. If a squatter can demonstrate restricted access (for example, locks on the front entrance that only the squatter can open), they can prove legal ownership.
The art of evicting trespassers and squatters
First, if you notice squatters or trespassers living on your property, it is recommended that you hire a professional service to evict them. Approaching and dealing with them personally could expose you to risk. Also, landlords may not realize that it is possible to infringe on the legal rights of squatters by breaking in (despite having actual property).
Then file a claim for repossession of your property through the County Court or Superior Court. You must have the guidance of an attorney to ensure that you follow the correct procedure. Once ownership of the property has been proven, the court can enforce its order by evicting the squatters.
How to get your property back
Finding strangers inhabiting your property without your permission can be an unpleasant surprise. To begin the process of evicting squatters and trespassers, hire a professional eviction service. Avoid confronting squatters yourself. Prepare the necessary documentation to prove your ownership of the title. In no time, you will have your property safely back in your possession.