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Old 10-29-2011, 09:55 AM
 
Location: SE Michigan
1,212 posts, read 4,923,393 times
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I just read a story in Detroit Free Press about a squatter taking over a bank owned house.
The story states that only the property owner can "evict" a squatter and in fact has to go through the eviction process through court as if the squatter was a legitimate renter with a signed lease. This can take months.

I don't understand. Why can't a squatter be charged with trespassing and forced to vacate the premises just like any other tresspasser?
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Old 10-29-2011, 11:06 AM
 
3,398 posts, read 5,120,755 times
Reputation: 2422
Quote:
Originally Posted by kcam213 View Post
I just read a story in Detroit Free Press about a squatter taking over a bank owned house.
The story states that only the property owner can "evict" a squatter and in fact has to go through the eviction process through court as if the squatter was a legitimate renter with a signed lease. This can take months.

I don't understand. Why can't a squatter be charged with trespassing and forced to vacate the premises just like any other tresspasser?
Adverse possession like this rarely has the result of the squatter keeping the property. They have to occupy the property without permission for a number of years, that number varying from state to state. In some states they have to pay the property taxes also. It takes a court order, and in the mean time they may do damage to the house, but usually the squatters are removed. The owner has the burden of proof and has to prove they are not a legal tenant. The whole thing doesn't seem right or fair to me. They rules are a little different if this is a summer house that the owner doesn't occupy all the time. There are some gray areas.

If the house is occupied it is different and an owner or legal tenant can just call the police and report trespassing.
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Old 10-29-2011, 11:15 AM
 
Location: Barrington
63,919 posts, read 46,918,697 times
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Laws very state to state, within counties and municipalities.

Generally speaking, a tresspessor breaks in and in theory can be charged with a crime in many places. A squatter walks into a vacant building and moves in. Many vacant properties are not secured or if they were, don't remain secured. Squatters have rights the longer they squat in most places.

European countries has been dealing with squatter rights for centuries. It's mind boggling what's going on in Amsterdam.
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Old 10-29-2011, 11:24 AM
 
3,398 posts, read 5,120,755 times
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It bothers me because it is a legal way to steal something unless the owner wants to go to the expense of legal proceedings. I think laws need to be changed.
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Old 10-29-2011, 11:49 AM
 
7,214 posts, read 9,423,995 times
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Sounds similar to that story in Texas where a man was able to legally "squat" and take ownership of a house due to an obscure law.
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Old 10-29-2011, 11:52 AM
 
Location: A blue island in the Piedmont
34,200 posts, read 83,388,745 times
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Quote:
Originally Posted by Nocontengencies View Post
It bothers me because it is a legal way to steal something unless the owner wants to go to the expense of a few common measures to protect their interests like good locks, plywood, signage and just visiting their vacant now and then rather than later having to absorb the costs of legal proceedings. I think laws need to be changed.
maybe
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Old 10-29-2011, 11:53 AM
 
5,047 posts, read 5,835,299 times
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We had squatters in one property that we owned. They were there for a few days and luckily we had hem arrested so they left in a police car.
But they came back and broke a windown. They havent been back to stay as we curbed all their belongings.
Time is the essence of getting them out ; the sooner you know they are there, the better as otherwise time is on their side.As a landlord, if you know they are there and do nothing to prevent them coming back, you are permitting them to stay.
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Old 10-29-2011, 02:14 PM
 
42 posts, read 172,296 times
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Ive heard of squatting but i didnt think it was a real problem. that's absolutely the most absurd law ive ever heard. right up there with evading a ticket because of entrapment from a police officer. I couldnt imagine having to deal with that situation. i dont have the patience to go through any legal proceedings with something so ridiculous.
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Old 10-29-2011, 03:39 PM
 
3,398 posts, read 5,120,755 times
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Originally Posted by MrRational View Post
maybe
If you don't know much about the subject, please feel free not to comment.
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Old 10-29-2011, 05:30 PM
 
3,026 posts, read 9,092,433 times
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Quote:
Originally Posted by MaseMan View Post
Sounds similar to that story in Texas where a man was able to legally "squat" and take ownership of a house due to an obscure law.
I read that too-
Stranger moves into foreclosed home, citing little-knownTexas law | khou.com Houston

I wonder if he is still in that home?
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