OPERATIONS: ADVERSE POSSESSION
Squatter’s Rights: Protecting Against Adverse Possession A LOOK AT THE DIFFERENCES IN ADVERSE POSSESSION LAWS IN THREE STATES CALLS OUT THE IMPORTANCE OF KNOWING YOUR RIGHTS AS A LANDLORD OR OWNER. TAYLOR MILLER
I n the years since the pandemic, it with it have been on the rise. When it comes to protecting against the risk of squatters, knowing the law in your state is step one. The policies surrounding adverse possession vary significantly from state to state for residential real estate. For investors, understanding these differences is crucial; they can have a profound impact on property investment strategies and outcomes. In this article, we will examine the differences in policy among California, Texas, and Florida. seems that instances of squatters refus- ing to leave a property and getting away
individuals to claim ownership of someone else’s property through continuous and open use. The doctrine dates back centuries and is rooted in the idea that land should not sit idle and unused. Instead, it should be put to productive use by those willing to take possession of neglected properties. To successfully claim adverse possession, certain requirements must typically be met, including continuous use, open and notorious possession, hostility to the true owner’s interests, and a specified period of time.
squatters. The state’s laws emphasize tenant rights and, in some cases, squatters leverage these protections to remain in a property, defying the owner’s request for eviction. California’s adverse possession laws, while stringent, can provide squatters with legal grounds to claim ownership after five years of continuous occupation. Investors in California must navigate a complex legal environment that includes strict eviction procedures and lengthy court processes. Investors must stay vigilant and act swiftly when faced with a squatter situation to prevent potential legal entanglements and significant financial losses.
CALIFORNIA’S ADVERSE POSSESSION LAWS
WHAT IS ADVERSE POSSESSION?
TEXAS’ ADVERSE POSSESSION LAWS
California is renowned for its robust tenant protections, which can complicate matters for real estate investors dealing with
Squatter’s rights, also known as adverse possession, is a legal concept that allows
Texas takes a starkly different approach to squatters’ rights compared to California.
56 | think realty magazine :: march – april 2024
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