Squatter Eviction – Know Your Rights

It’s amazing when it happens. An absentee owner may not know that someone lives on his property. When a person lives on property without permission from the property owner, it is known as “squatting.” In some cases, squatters have been known to live in vacant homes and buildings for years before being discovered by the owner. In doing so, they establish a form of ownership over property. While the real owner of the property can evict the person, evicting the squatters requires that they go through a legal process. In this article, we will explore squatters, trespassers, and the art of evicting them.

Difference between squatting and trespassing

First, it is important to understand that squatting and trespassing are not necessarily the same thing. While trespass 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 being said, if there are signs of forced entry (broken windows, locks, etc.), then the invader is trespassing and the police have the right to remove that person.

When the law works against you

Surprisingly (much 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 nearly 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 noticing the presence of a trespasser can make their case less compelling. If a squatter can prove restricted access (for example, locks on the main entrance that only the squatter can open), he 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, property owners may not realize that it is possible to infringe the legal rights of squatters by breaking in (despite having actual property).

Then, file a claim for recovery of your property through County Court or Superior Court. You should have the guidance of a lawyer to make sure you follow the correct procedure. Once ownership of the property has been proven, the court can enforce its order evicting the squatters.

How to recover your property

Finding strangers inhabiting your property without your permission can be an unpleasant surprise. To begin the eviction process for squatters and trespassers, hire a professional eviction service. Avoid confronting the 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.