Squatters are in the news these days! The last several weeks, there have been a number of national news stories about squatters’ taking over properties and their rights. Local Real Estate Lawyer Patrick McQueen offers some good information about what and what can you do now:
Whether it’s a pioneer in the old west, Bonnie and Clyde (or any criminal on the lam),or a renter overstaying their lease, squatters are individuals who occupy a property without legal permission or ownership. Oftentimes, squatters move into abandoned, neglected, or seemingly vacant properties. Sometimes a squatter is someone who thought they legally owned a property but ultimately never did.
Squatters’ rights exist in various forms across the United States, including Arizona. The requirements for claiming these rights and removing someone via squatting laws vary from state to state. In Arizona, the timeframe for gaining rights in the property of another is anywhere between 2 and 10 years and depends on the nature of the claim of the squatter, whether there is “color of title”, and whether the squatter paid the property taxes, among other things.
While owners should be comforted by the fact that it is usually difficult for a squatter to fulfill all the requirements necessary to make a successful legal claim to your property, having to “prove” that you own your home and that the squatter does not, is costly and time consuming.
To remove a squatter, you should first contact the local police department or sheriff’s office. Some law enforcement officers and departments may be more willing than others to remove a squatter. If that does not work, you will usually then need to file an eviction action and/or a quiet title action.
To prevent squatters from living in your property:
- Regular Inspections: Check your vacant property regularly.
- Maintain a Lived-in Appearance: Use lights, timers, or furniture to create an occupied look.
- Security Measures: Install sturdy locks, security systems, and “No Trespassing” signs.
- Maintain Relationships: Get to know neighbors and encourage them to report suspicious activity.
- Property Management: Consider hiring a property management company for vacant properties.
- Written Agreements: If anyone is staying at your home for an extended period, consider providing a written agreement outlining the extent of the stay and your right to end the stay.
