In some places, notably the UK, squatting is commonly thought to be legal, as long as you follow certain procedures. However in August of 2012, UK law was passed making it clear that squatting in residential buildings is not legal. The law made squatting in residential properties a crime punishable by 6 months in prison and/or a five thousand pound fine. [1] X Research source [2] X Trustworthy Source Official UK government website Official website for the public sector of the UK government Go to source As of September 2012, a phone call to the police is sufficient enough to arrest a residential squatter in the UK. Additionally, “stand your ground laws” in many US states, along with a 2015 Nevada court decision, may set legal precedence for valid property owners opening fire on squatters. [3] X Research source If it is found that you are squatting on said property, you may also face additional criminal charges for related crimes. In some cases, squatters have been awarded property rights. [4] X Research source
You are not an adverse possessor if the valid owner allows you to live there, or if you break the law in the act of adverse possession. [7] X Research source If a valid owner restricts access of the squatter or grants permission even momentarily during the statute of limitations regarding adverse possession, the squatter has to start the ownership waiting period all over. [8] X Research source A person is not a squatter if they are living on the premises legally or with permission from the owner. [9] X Research source Squatting is always defined as illegal, as it requires trespassing, which disqualifies you from gaining ownership of the property through adverse possession laws. [10] X Research source Trespassing is defined as entering another person’s property without their permission. [11] X Research source
On the initial entry, a person becomes a trespasser. But by remaining on the property, and fraudulently asserting rightful residence, a trespasser becomes a squatter. When someone takes up residence of a property in the US, any attempt to remove the person requires a civil process. If the first entry is witnessed by anyone, there may be no claim of residence. Otherwise, the valid owner must follow proper eviction procedures to remove the person from the property. While neither the squatter nor the trespasser have any valid claim to remain in possession of the property, complexities in laws both in the US and the UK make pathways to prosecution unclear even to legal scholars. [13] X Research source
Choose your squat mates carefully. Picking the people you want to squat with is a lot like choosing a roommate, except that you need to be even more judicious, since there is no landlord or legal options to settle disputes. You want to choose fellow squatters who have the same goals as you and who have compatible personalities. You also probably want to make sure to choose squat mates who won’t cause trouble with the police or the neighbors, as this may cause you to lose control of the property. Set ground rules together. The more you can iron out the ground rules before you settle in, the better. Some squats, for example, prohibit drinking alcohol on the premises, while others mandate that each member devote a certain amount of time working on squat. It’s important that you come to these rules through collaboration and compromise. Write them down, if possible, and have everybody sign them.
Keep in mind that even though a property is abandoned, it may still be owned by someone who checks on it from time to time. Among these abandoned spaces, publicly-owned buildings—particularly those which came into government possession because of the owner’s failure to pay taxes—often offer the best chance of a long-term living situation. The most obvious sign a building is unoccupied is a steel door or boarded-up windows. Other signs include very old newspapers in front, vandalism, parts of the building in disrepair, and disconnected power (check to see if the meter is running).
It may be useful to pretend to be looking for a lost cat or have a similar excuse ready. Sometimes the door will be open or missing, but other times you may need to enter through a window.
If the building has been condemned, then that’s often a good sign that it is unsafe. Consider the temperature of the building as well. Is it cool inside on a hot day or warm inside on a cold day?
Replace broken windows and doors, if possible, and board them up if you can’t immediately replace them. Change the locks on the doors as well. Doing these things will help you to feel more secure and it will also show that you are taking care of the property. [15] X Research source
Patch holes in the walls or roof, bring in appliances or get the existing ones working, maybe even add a coat of paint or plant a garden. Filthy conditions and bad behavior, as well as allowing the space to fall deeper into disrepair, can be grounds for your eviction. [16] X Research source The way to establish adverse possession requires maintenance/upkeep of the property.
Basic utilities like water, electricity, and gas cannot be denied to you. If utility providers seem reluctant to turn on utilities, remind them that they are not allowed to deny you these basic utilities. [17] X Research source A utility bill, or even just mail, with the address and your name on it may be sufficient enough to prevent police from entering the property. Be aware that impersonating the valid owner in order to take control of or pay off utilities may be considered identity theft.
An easy way to seal windows is to get some rubber window sealing strips and place them over any gaps along the edges of the windows. This will help keep some of the cold air out and keep warm air in. Try placing a rolled up blanket or towel in front of a gap at the bottom of a door to block drafts that might come in through the gap. If you were able to get the electricity turned on, then getting a space heater is a good option for providing some extra heat.
Be as inconspicuous as possible. Try to make sure the neighbors don’t even notice you’re there. This can be pretty easy depending on where the squat is located. Try to enter only through the back door or only at night, and be as quiet as possible while within the building. Befriend your neighbors, if you are willing to take the risk. If you’re planning on staying for a while, somebody will eventually discover you, so you might as well be upfront and positive about your presence. Introduce yourselves and let the neighbors know that you’ve moved in. Make sure they see you making repairs to the building or cleaning up the yard. If you can make a rundown exterior look great, your neighbors might actually appreciate you. If you have enough support from the neighboring residents/owners, they might support you if your squat if is encroached upon.
In California, for example, you need to pay property tax for five years and have “cultivated or improved” the property to receive ownership. Your possession of the premises must also be visible and obvious. In many parts of the world, squatters can establish a legal right to occupy the property if they take care of it and establish themselves, and as a result squatters can be quite conspicuous.
