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Fred Griffin Florida Real Estate, Licensed Florida Real Estate Broker (Fred Griffin Real Estate)

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Rainmaker
1,553,599
Thomas J. Nelson, REALTOR ® e-Pro CRS RCS-D Vets
Big Block Realty 858.232.8722 - La Jolla, CA
CEO of Vision Drive Realty - Coastal San Diego

Yes CA has that law. We (Nelson's) do not have property that sits for any length of time to have that happen. I did have  squatters try to take one of my vacant listings during The '07 Crash, but they were ..."removed".

We've personally adopted the policy of: (Unless invited) If you wish to become part of my organic soil, trespass; word to the wise -stay off my property and land.

Mar 07, 2023 07:10 PM
Ambassador
5,254,685
Debe Maxwell, CRS
Savvy + Company (704) 491-3310 - Charlotte, NC
The RIGHT CHARLOTTE REALTOR!

Yes, we do in NC it's 7 years and in SC it's 10.

 

It's not a simple process though and if one thinks that they are going to sell a home with that 'extra' property without having already seen an attorney, they're in for a LONG Closing!

 

Mar 07, 2023 09:31 PM
Ambassador
6,418,799
Bob Crane
Woodland Management Service / Woodland Real Estate, KW Diversified - Stevens Point, WI
Forestland Experts! 715-204-9671

First step is talk to an attny,

Then remove the hostility leg by writing them, or having your attny write them a certified letter allowing them to use the land until you change your mind.

We just had a day long seminar with a land attny a few weeks ago and this was a topic that was covered at length.

Mar 07, 2023 09:13 PM
Ambassador
3,175,109
Liz and Bill Spear
Transaction Alliance 513.520.5305 www.LizTour.com - Mason, OH
Transaction Alliance Cincinnati & Dayton suburbs

In Ohio it's 21 years to claim adverse possession.  Technically we could have used it against our neighbors some years back, turns out we put our kennel fence part way into THEIR woods.  Instead, we bought an adjoining acre from the neighbor so we didn't need to move anything. 

Mar 07, 2023 08:58 PM
Ambassador
4,718,358
Brian England
Ambrose Realty Management LLC - Gilbert, AZ
MBA, GRI, REALTOR® Real Estate in East Valley AZ

For whatever reason, I have been hearing about this quite a bit recently but I don't know of anyone personally that has gained ownership of land via adverse possession.  I know it is allowed in my state since they talk about it in broker licensing courses.

Mar 08, 2023 03:29 AM
Rainmaker
2,400,450
Bob "RealMan" Timm
Ward County Notary Services - Minot, ND
Owner of Ward Co Notary Services retired RE Broker

What a story Fred Griffin Florida Real Estate . Yes North Dakota does allow adverse possession.

Mar 07, 2023 06:35 PM
Rainmaker
2,891,828
Patricia Feager, MBA, CRS, GRI,MRP
DFW FINE PROPERTIES - Flower Mound, TX
Selling Homes Changing Lives

Yes. In TX Squatters have certain rights, such as 1) The Squatter must have resided on the property for a continuous period of time, 2) Must be Hostile meaning (awareness of trespassing, simple occupation, and Good Faith mistake), 3)  The claim must be exclusive, 4) Can't hide the fact they live there, 5) Trespasser physically lives there. Squatters can legally take possession through an adverse possession claim. They can be removed by Chapter 24 of the State Property Code.  

Poor Banks. Even though he lost, he took the high road to warn others: "Banks told the outlet he can't afford an appeal, "but [I'm} hoping I can at least warn others." 

It takes a BIG man to admit to his mistakes and accept the consequences. 

Mar 08, 2023 05:13 AM
Ambassador
2,456,875
Kat Palmiotti
eXp Commercial, Referral Divison - Kalispell, MT
Helping your Montana dreams take root

Here in Montana it's 5 years of occupying the land, AND paying the taxes for those 5 years and making improvements during that time before they can make an adverse possession claim.

For a squatter to qualify, they will have had to occupy the neglected land for five years or more, pay property taxes on the land, and transparently improve the area. 
 
UPDATE: Not sure why those links were there.
Mar 08, 2023 04:36 AM
Rainmaker
1,056,663
Candice A. Donofrio
Next Wave RE Investments LLC Bullhead City AZ Commercial RE Broker - Fort Mohave, AZ
928-201-4BHC (4242) call/text

Yeap, what you need to do is give them a REVOCABLE LICENSE to USE the property until YOU revoke it! RECORD it with the County!

You can't 'simply ignore it' . . . not for that long.  (AZ 10 years!)

I learned this from my attorney . . . my agent had a 5 by 300 area that her block wall was inside . . . the neighbor wanted to 'use the land' to plant some plants and the agent provided a license . . . then the neighbor FENCED in the land with a chain link fence! Told him no, he became a D and so they revoked the license and he had to take the fence down. Thankfully the license was drawn and extended to the neighbor . . . they had NO future claim to the land.
If they are actual squatters using the land uninvited . . . eviction. 

It's funny you'd bring this up today . . . we have a property in escrow that during a REAL BAD snowstorm in the area SOMEONE decided to change locks on a couple of units and snipped the alarm wires! We called Sheriff and locksmith and changed them back, No Trespassing and cameras went up. Neighbors and buyer on high alert . . . you have to get them fast!

Mar 08, 2023 04:01 AM
Rainmaker
2,245,675
Andrew Mooers | 207.532.6573
MOOERS REALTY - Houlton, ME
Northern Maine Real Estate-Aroostook County Broker

When you see someone mowing an extra half acre of your lawn...year after year. Maybe planting a vegetable garden, a tree or two on your land. If you know it is your land and someone else is using it, stop them. Or charge them a $1 a year for a license to use. But put them on notice. In Maine there was an exception for large tracts of wild land where how could you know someone built a cabin or was poaching timber when it is hundreds of thousands of acres Fred Griffin Florida Real Estate ? Often when no survey of either parties neighboring land, the party that pushes for one ends up losing land they thought they owned. Then all the neighbors down the line find their lot lines are skewed and everything is out of whack for boundary legal description starting points. 

trespassing squaters rights

Mar 08, 2023 03:43 AM
Ambassador
2,071,556
Alan May
Jameson Sotheby's International Realty - Evanston, IL
Home is where the hearth is.

Yes, we have Adverse Possession in Illinois. 

Our threshold is 20 years, and similar to Bob Crane in Wisconsin the rule is "outright and notorious".  In other words, the squatter has to be doing it with the knowledge of the owner and against his will.  You can undercut that, by doing exactly what Bob suggests, by giving them your written explicit permission (I'd strongly suggest certified mail) to "use" the land, and suddenly it's no longer 'adverse possession', it's possession with permission.

Funny how that works, isn't it?  You could have 19 years of adverse posession, and the last year give them permission, and the streak is broken.  Poof!

Mar 08, 2023 02:37 AM
Ambassador
3,349,554
Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate Services

 

I read that story yesterday.  How to prevent it?  Manage and monitor our land or pay someone to do it.  He left it for years and had no idea.  

I live in California - anything and everything goes here - so the answer to your question is YES.

If someone takes over a home by adverse possession in CA, they must pay the property taxes, pay blithe fines, and anything else associated with the property.  They must keep possession with open and notorious use for 5 years at which time they can petition the court to take the title.  It is a REAL thing Fred Griffin Florida Real Estate 

Mar 08, 2023 07:27 AM
Rainmaker
1,206,636
Peter Mohylsky, Beach Expert
PMI. Destin - Miramar Beach, FL
Call me at 850-517-7098

Seven years in florida with other requirements.   But what was the owner thinking.  He fills the bill of being an absent owner.  

Mar 08, 2023 03:36 AM
Rainmaker
1,513,143
Raymond E. Camp
Ontario, NY

New York is only ten years or a lot of money to legally get them out!

Mar 08, 2023 04:22 AM
Rainmaker
5,240,047
Wayne Martin
Wayne M Martin - Chicago, IL
Real Estate Broker - Retired

Paying the taxes is part of exercising your right to adverse possession! Need the rest of the story!

Mar 08, 2023 04:13 AM
Ambassador
3,139,060
Wanda Kubat-Nerdin - Wanda Can!
Red Rock Real Estate (435) 632-9374 - St. George, UT
St. George Utah Area Residential Sales Agent

Yes, it exists here as well. Property owners need to be proactive, also put up signs and ensure no one has trespassed on or improved their land without permission or knowledge.

Mar 08, 2023 07:36 AM
Ambassador
3,167,714
Tammy Lankford,
Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 - Eatonton, GA
Broker GA Lake Sinclair/Eatonton/Milledgeville

In Georgia you also have to pay the taxes on it so it's VERY rare that happens.

Mar 08, 2023 10:10 AM
Rainmaker
1,201,652
Doug Dawes
Keller Williams Evolution - 447 Boston Street, Suite #5, Topsfield, MA - Topsfield, MA
Your Personal Realtor®

In MA it is allowed. the owner of the property simply has to make it known to the "authorities" that it is their land, in this case for goats, is being used by another, AND notify the person using said land.

Mar 08, 2023 09:53 AM
Rainmaker
4,961,547
Will Hamm
Hamm Homes - Aurora, CO
"Where There's a Will, There's a Way!"

Wow, I think 18 years in Colorado but never heard of it before.

 

Mar 08, 2023 09:39 AM
Rainmaker
679,404
Diana Dahlberg
1 Month Realty - Pleasant Prairie, WI
Real Estate in Kenosha, WI since 1994 262-308-3563

Parked and reading!  Interesting.  Yes we have Adverse Possession in Wisconsin.

Mar 08, 2023 08:56 AM
Rainmaker
5,877,915
Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

I read stories from other cities, but haven't heard of any around here.   Squatters can claim a residence after 18 years of living in it, according to Colorado law.

Mar 08, 2023 08:02 AM
Rainmaker
2,784,726
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

That law is no myth & has teeth should it come across an ignorant, indifferent or arrogant owner of such land. On prevention? You file a pubic notice (recorded) or advertised in local paper/online & post signs of NO TRESPASS VIOLATERS WILL BE PROSECUTED. Whether you enforce or not is besides the point. It eliminates & checkmates the adverse possession process from the start. Smart attorneys look for this before they leap

Mar 08, 2023 12:01 PM
Rainmaker
1,506,163
Ryan Huggins - Thousand Oaks, CA
https://HugginsHomes.com - Thousand Oaks, CA
Residential Real Estate and Investment Properties

We have these laws as well and property taxes must be paid for them to take legal ownership.  But squatters, like all criminals, have more rights than law-abiding citizens and land owners in the People's Republic of California.

Mar 08, 2023 08:55 AM
Rainmaker
1,847,051
Lyn Sims
Schaumburg, IL
Real Estate Broker Retired

In IL it is 20 years. Doesn't matter who's paying the taxes - you don't do that around here & they'll sell your taxes in a week. Buying taxes here is very lucrative. I don't know why the owner didn't pay attention to this lady raising goats. Seems like it would be quite noticeable.

Mar 08, 2023 06:15 AM
Rainmaker
1,323,529
John Juarez
The Medford Real Estate Team - Fremont, CA
ePRO, SRES, GRI, PMN

I think the answer in regard to California has been covered in comments here.

I am aware of the law. I have never dealt with such a situation personally or professionally...and hope I never do.

Mar 08, 2023 12:40 PM
Rainmaker
424,550
Julie A. Black
KAUAI DREAMS REALTY Kauai Real Property Specialist - Kapaa, HI
CLHMS, CRS, GRI, Realtor, Broker

It's 21 years in Hawaii. I can only recall one recent case where the neighbors fenced encroach over the property line. He then claimed adverse possession on the amount of land he encroached on. Greedy people.

Mar 09, 2023 02:50 PM
Rainer
381,167
Don Baker
Lane Realty - Eatonton, GA
Lake Sinclair Specialist

you have to also pay taxes here, so it's hard to claim.  Even if you fence it in with your property and use it from next door, it's not yours unless you are paying the taxes on it.  But we surveyed before we bought and knew and so did the neighbors.

Mar 09, 2023 12:37 PM