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Homeowners Law Clinic: Adverse Possession Is Not Squatters Rights

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Its My House

Its My House

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One of the biggest urban legends in real estate is that a house can be legally obtained by claiming "squatters rights" and believing that squatters rights IS adverse possession.  (It's NOT).

There is too much mis-information and mis-education on this topic.

First things first "squatting" IS "trespassing". Trespassing according to the government is a (wrong doing) that comes in two flavors:

  1. Civil Trespassing is a civil wrong doing known as a TORT.
  2. Criminal Trespassing is  a crime.
  3. Trespassing ...aka......."squatting" is not sanctioned by the government and is OFFICIALLY a crime on the books as well as a civil wrong (on the books) which can result in "Damages" to the "trespasser".
  4. Trespassers.............aka.......squatters........HAVE NO LEGAL RIGHTS as in relationship to ownership.

Although real estate owners can not legally "self evict", what they can do is "legally" go after a "trespasser"........aka........"squatter" in Civil Court, Criminal Court, or BOTH !

Adverse Possession is only a "legal issue" IF there is a TITLE DEFECT !

Adverse Possession has to be one of the most misunderstood legal concepts on the planet.  In this installment of "It's My House", hopefully we can make people aware of what the real story is on adverse possession.

We shalll also make homeowners aware of how to turn the tables on a "trespasser"............aka.........."squatter" without filing for an eviction.

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