Squatter's Rights in California and Beyond: Flash Shelton removes squatters occupying his mother's vacant home
Flash Shelton, a handyman by trade, was able to remove squatters who moved into his mother's home by showing up with guns and squatting there himself. He posted a video about his success in removing squatters from his mom's home in less than one day. "If they could take a house, then I could take a house," Shelton, a member of the United Handyman Association, said in the video posted below.
That did not stop her as he later learned a truckload of belongings had been brought to the home. "She said that it was delivered by accident and she was getting rid of it," Shelton recalled. That was a lie, however, as Shelton later found out from friends and realtors that the house was full of people and furniture.
Shelton called the police and received an unhelpful answer. "They basically said, 'You know, I'm sorry, but we can't enter the house, and it looks like they're living there. So you need to go through the courts,'' Shelton said. Frustrated with the situation, Shelton who does not live in Northern California where the home is located, packed up his car and drove to the property.
“Even though you're at your house, and you're paying the mortgage … at some point, squatters feel like they have more rights than you, so they don't have incentive to leave until a judge tells them to,” he said, adding, “And that could take months, six months, it could take years. I don't know. I didn't want to take that chance.”
Shelton decided he would write up a lease and credit himself as the resident of the home. He then parked his Jeep on the street where the home is at with guns and his dog and waited for hours until everyone left. After witnessing all members of the family leave, he let himself in using his keys and then walked around the home and began installing security cameras.
As he was working outside, two women walked up and approached him. 'I'm really sorry about all this,' one of the women said. 'It's a nightmare and beyond.' Shelton calmly and coolly told the woman they had mere hours to get everything out. He disguised their faces with a black and white filter in the clip he posted.
Although, unorthodox Shelton's strategy worked he warned, "The men and women I had to deal with remained peaceful and that may not always be the case. If you ever have a situation like this, it is best to expect the worst and you will be prepared."
Squatting in the U.S.Shelton called the police and received an unhelpful answer. "They basically said, 'You know, I'm sorry, but we can't enter the house, and it looks like they're living there. So you need to go through the courts,'' Shelton said. Frustrated with the situation, Shelton who does not live in Northern California where the home is located, packed up his car and drove to the property.
“Even though you're at your house, and you're paying the mortgage … at some point, squatters feel like they have more rights than you, so they don't have incentive to leave until a judge tells them to,” he said, adding, “And that could take months, six months, it could take years. I don't know. I didn't want to take that chance.”
Shelton decided he would write up a lease and credit himself as the resident of the home. He then parked his Jeep on the street where the home is at with guns and his dog and waited for hours until everyone left. After witnessing all members of the family leave, he let himself in using his keys and then walked around the home and began installing security cameras.
As he was working outside, two women walked up and approached him. 'I'm really sorry about all this,' one of the women said. 'It's a nightmare and beyond.' Shelton calmly and coolly told the woman they had mere hours to get everything out. He disguised their faces with a black and white filter in the clip he posted.
Shelton told the woman that if she didn't have everything out by midnight, he would have it hauled out himself. The threat appeared to work as the family was moved out hours later. “I think just the fact that I was there was enough,' he said. 'It was actually fun to do it. I won't lie about that. I'm glad it was successful.”
Although, unorthodox Shelton's strategy worked he warned, "The men and women I had to deal with remained peaceful and that may not always be the case. If you ever have a situation like this, it is best to expect the worst and you will be prepared."
What is Squatting?
Squatting and trespassing are similar as both involve illegally occupying a vacant property, but they differ in terms of time and intent. Trespassers are short-term occupants, meaning they only invade a vacant space for a short time. Also, they do not treat the property their primary residence and have no intention of eventually claiming it as their own. Below is a recent case of squatting that was resolved.
Army Lt. Colonel Dahlia Daure is back in possession of her Dekalb County, Georgia home, and the squatter is behind bars. For the full story.
Squatting in California
Squatting in California
Through a process known as adverse possession, squatters in California can gain legal rights to vacant properties. These rights, collectively referred to as “squatter's rights,” allow the illegal occupant to take legal ownership of the property without purchasing it.
Some states require the squatter to possess a deed, or to have paid taxes during their occupancy, while others do not. In some states, if the squatter can produce the required documentation, the number of years may be reduced.
Squatter's Rights in the U.S.
1. Hostile Possession
Hostile possession means that the squatter or illegal occupant is occupying the space without the true owner’s permission or consent. Yet, they intend to possess it as though they were the owner. This makes their occupying of the space hostile to the interests of the actual owner. Squatters cannot claim hostile possession if they pay rent to the original property owner. This constitutes a landlord-tenant relationship and is not considered hostile occupancy.
2. Actual Possession
Actual possession happens when a squatter exercises control over real property. They achieve this by both actively living on the vacant property and treating it as their own. Squatters can prove actual possession in several ways, including performing certain functional maintenance, paying utilities, and renovating/beautifying the property in some way. Building a protective enclosure around the property, such as a hedge or fence, is also considered proof of actual possession in the state of California.
3. Continuous Possession
After taking possession of a property, a squatter must remain there for an extended, continuous period. If they leave the property for a consecutive series of weeks, months, or years, they will lose their claim to continuous possession. In California, squatters are required to spend a minimum of five years in a vacant property before filing for possession.
4. Exclusive Possession
A squatter must live alone. They cannot share their possession with other squatters and will lose their ability to claim exclusive possession if they do. Additionally, multiple squatters cannot apply for adverse possession of the same property.
5. Open & Notorious
A squatter cannot hide their occupation of a property; in fact, they should be as obvious as possible, making the public aware of their presence. This will protect the squatter if the legal owner claims their residence was concealed.
6. They Pay Property Taxes
Some states don’t require a squatter to pay property taxes to claim adverse possession, but California does. In fact, California requires squatters to pay all taxes, fees, and bills associated with property maintenance for five consecutive years. This includes state, county, and municipal taxes. Additionally, squatters must provide certified proof of these payments through records from the local tax collector. Without this evidence, squatters can be legally evicted from property.
While some states honor adverse possession through “Color of Title,” California does not. Only squatters meeting the abovementioned criteria can legally file for possession in California. In doing so, they can bring derelict buildings back to life, giving them use and purpose once again.
Squatter's Rights in the U.S.
How Do Squatters Claim Possession in California?
While squatters’ rights are protected throughout the entire country, each state has rules regarding how and when a squatter can claim adverse possession. California law determines a squatter must meet the following six pieces of criteria before obtaining legal rights to vacant property:
1. Hostile Possession
Hostile possession means that the squatter or illegal occupant is occupying the space without the true owner’s permission or consent. Yet, they intend to possess it as though they were the owner. This makes their occupying of the space hostile to the interests of the actual owner. Squatters cannot claim hostile possession if they pay rent to the original property owner. This constitutes a landlord-tenant relationship and is not considered hostile occupancy.
2. Actual Possession
Actual possession happens when a squatter exercises control over real property. They achieve this by both actively living on the vacant property and treating it as their own. Squatters can prove actual possession in several ways, including performing certain functional maintenance, paying utilities, and renovating/beautifying the property in some way. Building a protective enclosure around the property, such as a hedge or fence, is also considered proof of actual possession in the state of California.
3. Continuous Possession
After taking possession of a property, a squatter must remain there for an extended, continuous period. If they leave the property for a consecutive series of weeks, months, or years, they will lose their claim to continuous possession. In California, squatters are required to spend a minimum of five years in a vacant property before filing for possession.
4. Exclusive Possession
A squatter must live alone. They cannot share their possession with other squatters and will lose their ability to claim exclusive possession if they do. Additionally, multiple squatters cannot apply for adverse possession of the same property.
5. Open & Notorious
A squatter cannot hide their occupation of a property; in fact, they should be as obvious as possible, making the public aware of their presence. This will protect the squatter if the legal owner claims their residence was concealed.
6. They Pay Property Taxes
Some states don’t require a squatter to pay property taxes to claim adverse possession, but California does. In fact, California requires squatters to pay all taxes, fees, and bills associated with property maintenance for five consecutive years. This includes state, county, and municipal taxes. Additionally, squatters must provide certified proof of these payments through records from the local tax collector. Without this evidence, squatters can be legally evicted from property.
While some states honor adverse possession through “Color of Title,” California does not. Only squatters meeting the abovementioned criteria can legally file for possession in California. In doing so, they can bring derelict buildings back to life, giving them use and purpose once again.
What The Penal Code says About Squatting
California Penal Code 647(e) prohibits unlawful lodging. This is also known as squatting. CPC 647(e) also includes setting up a temporary
shelter, like a tent, on property without the permission of the owner. It can
even be violated when someone sleeps on another person’s property.
In some areas of California, illegal lodging has become a
serious issue. Homelessness in many cities has grown as housing prices have
increased so the enforcement of CPC 647(e) is controversial.
Violations of CPC 647(e) are misdemeanors. Convictions carry penalties up to 1 year in jail, and/or $1,000 in fines. This is problematic for squatters who are already struggling to make ends meet and these penalties can be difficult to deal with.
How To Evict A Squatter in California
California favors the pre-existing property owner and provides several options for evicting squatters. The first and easiest is “cash-for-keys,” where an owner pays the squatter to leave. If this fails, property owners can also offer to rent their property to the squatter or give them written permission to be there. However, either of these options may make it more challenging to get the squatter to leave in the future. Of course, the most effective way to remove a squatter is through an eviction notice. If the squatter fails to leave after the notice is posted, an “unlawful detainer” lawsuit can be filed to return rightful possession to the original owner.Contact Cases of Note info@casesofnote.org
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