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quatter laws have a rich history, dating back to the early days of American settlement when vast tracts of land were left unclaimed and needed to be brought into productive use. Originally designed to protect individuals who took over abandoned property for their own benefit, these laws allowed people to claim ownership through adverse possession.
However, in modern times, squatter laws have come under scrutiny, particularly in California where they are seen as exacerbating the state's housing crisis. In California, a squatter can claim ownership of a property after paying taxes for five years, while tenancy rights can be granted after just 30 days of occupation. This has led to controversy and frustration among property owners.
Recent high-profile cases have highlighted the issue. In Hollywood Hills, luxury mansions were taken over by squatters, prompting outrage from their owner, film producer John Powers Middleton. Similarly, a $5 million home in Beverly Hills was invaded by squatters who produced fake rental agreements to justify their presence.
Once squatters take over a property, landlords must issue a written notice asking them to leave. If the squatters refuse, the landlord can file an unlawful detainer lawsuit, which can take months to resolve. The squatter is not immediately evicted.
Adverse possession laws vary by state, but generally require that possession be "open and notorious" – visible to others. In some cases, homeowners may unknowingly trigger adverse possession by building a fence on their neighbor's property.
Many argue that these rules unfairly favor squatters, and some are taking matters into their own hands. One Californian, Flash Shelton, successfully ousted squatters from his mother's home using the law to his advantage. He now advocates for changes to California's squatter laws, arguing that those who enter a property illegally should not be granted tenant rights.
Each state has its own timeline and requirements for adverse possession, but the concept is not unique to California. Homeowners must be aware of these laws to protect their properties from unwanted occupants.
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