By talking to your neighbors, you also spread the word that someone might be in the house illegally. Not all squatters are dangerous, but your neighbors should nevertheless be advised of who is there. If a neighbor has seen something, have them write down notes about who they saw and when. Ask them to describe the squatters, if they can.
Take detailed notes of who you see coming and going from the property. What do they look like? How many people are there? What dates have you seen them? Photograph the building if you see broken windows or graffiti.
You are not required to speak to the squatters, and you shouldn’t if you are scared of them. It’s enough to record what you have observed and then call the appropriate people. If you’re scared, another option is for a group of neighbors to go talk to the squatters. There’s safety in numbers.
The police can remove trespassers immediately. However, they can’t remove squatters. Ask the police if they will report the squatters to the owner. If they won’t, then you might have to if you want to get rid of them.
Some property might be owned by a company. You can find contact information by checking with the Secretary of State’s office. If the owner hired a property management company, then its name should be on a sign posted on the property.
Lean on your neighbors for support. They are probably just as upset as you are. Protect your own home by keeping doors and windows locked.
You must serve the notice according to your jurisdiction’s laws. Typically, you must tape a copy of the notice to the door and then mail a copy to the squatter. Laws differ by state, but in most cases it’s best to mail the letter through the traditional mail with a tracking number for proof of delivery. However, some areas may require you to use certified mail.
You’ll have to pay a filing fee. Call ahead of time to check the amount and acceptable methods of payment. You’ll need to schedule a hearing with the court. The process differs depending on the court.
Whoever makes service will complete a proof of service form (also called an affidavit of service). Keep a copy and file the original with the court clerk. Check the laws in your area to make sure you follow the requirements for your jurisdiction.
Don’t physically threaten the squatters or order them to leave. Don’t grab the squatters and try to forcibly move them out. Don’t change the locks. Don’t cut off the utilities.
To claim adverse possession, the squatter must have continuously and exclusively possessed the property for a minimum amount of time. [3] X Research source The length of time will vary by jurisdiction. Generally, however, they must possess the property for a long period of time, ranging from just a few years to 10 years or more. [4] X Research source The use must be continuous and exclusive. This means they can’t stop by for the summer, stay a few months, and then leave for eight months. They also can’t share the property with someone else, such as the owner. The possession must be open and notorious. This means they can’t hide in the attic for 20 years. Instead, they need to make improvements to the property, such as putting up a fence, or treating it as a regular owner would, by inviting people over. [5] X Research source In many states, squatters must also pay the property taxes. You can defend against adverse possession by disproving any of these requirements. Talk to your neighbors to find out how long the squatters have been on the property, and find proof that they haven’t paid taxes.
You get to present your evidence first. Identify any witnesses and ask the judge if they want to see your documents. Stand quietly while the squatter presents their case. You can’t interrupt. If the judge asks you questions, listen closely and don’t talk over them. Call the judge, “Your Honor. ”
You can find your jurisdiction’s laws online. If not, consult with your lawyer.
You can find your jurisdiction’s laws online. If not, consult with your lawyer.
