Dealing with squatters can turn the already daunting task of selling your property into a nightmare. All is not lost though, as there are some home buying companies that will buy a squatter-occupied property. Read on to learn more on your rights and how you can still sell your house even with squatters.
Key Summary
- Home buying companies will buy a home with squatters for cash.
- Squatters may claim rights over time, which distinguishes them from trespassers who can be more easily removed without legal claims to the property.
- In the UK and the US, squatting in residential properties is illegal but in some scenarios, adverse possession laws allow squatters to claim property rights.
- The legal steps to remove squatters differ between regions; UK property owners need a court order, and in the US, the process is dictated by state laws.
- Protect your property with regular inspections, installing security measures, posting clear signage, and encouraging a neighborhood watch.
Can You Sell a Home with Squatters?
You can sell a home with squatters living in it but it is likely that your only option will be to sell to a cash home buyer company. There are plenty of these companies in the US, such as Moss Home Solutions, but fewer options in the UK.
Getting rid of squatters from your property can be tough to navigate through, not to mention stressful. Home buying companies are used to dealing with tricky situations like squatters. Although you may find that you are offered a price lower than the market value, these businesses give you a way out.
Home buying companies will give you a cash price for the property, and complete the transaction quickly. They will then deal with the squatters in the house and any legal issues that come with it so you don’t have to.
What is the Difference Between Squatting and Trespassing?
Squatting and trespassing are two very different issues. Trespassers illegally enter a property and can quickly be removed under local laws. In some instances, permission may initially have been granted to a person making entry lawful, but if the permission is subsequently withdrawn, it becomes trespassing.
Squatters, on the other hand, might claim tenant rights or seek adverse possession, complicating their removal. They may present evidence like utility bills or tax documents to support their claim, necessitating a court process for resolution.
What Rights Do Squatters Have?
Squatters’ rights are a tricky area of law that differs around the globe. In fact, in America, it can even vary from state to state which shows just how complex rulings around squatting are.
Squatters Rights UK
In the UK, if someone squats in a residential building, it’s against the law according to the Legal Aid, Sentencing and Punishment of Offenders Act 2012. This means that squatting can lead to a jail sentence of up to 6 months, a fine, or both.
Long-term squatters do, however, have more rights. If they can prove the following, then they can apply to become the registered owner of the property or land:
- They have occupied the property they are squatting in for 10 years, or 12 if not registered with HM Land Registry
- They have acted as owners
- They have never had the owners’ permission to live there
To become the registered owner, they would be required to fill in a form for adverse possession and provide a statement to the HM Land Registry Citizen Centre.
Squatters Rights USA
Squatters in the US are also covered by adverse possession, however, the years in which this takes effect vary from state to state. It can be as little as 5 years to as many as 30 years.
Squatting is considered a civic issue in the States, whereas trespassing is deemed a legal one. To acquire property through adverse possession in America, the squatter must meet these five principles:
- Occupy the property through hostile means i.e without permission
- Occupy the property exclusively
- Use the property in the same way a true owner would, including paying property tax
- Live openly in the property, in a manner that is clear to the owner and a reasonable person to see
- Occupy the property continuously for the necessary duration, as specified by each state.
Duration Required for Squatters’ Rights to Take Effect by State
| Years | States |
| 5 | California, Montana |
| 7 | Arkansas, Florida, Utah |
| 10 | Alabama, Alaska, Arizona, Indiana, Iowa, Louisiana, Mississippi, Missouri, Nebraska, New Mexico, New York, Oregon, Rhode Island, South Carolina, Texas, Washington, West Virginia, Wyoming |
| 15 | Connecticut, Kansas, Kentucky, Michigan, Minnesota, Nevada, Oklahoma, Vermont, Virginia |
| 18 | Colorado |
| 20 | Delaware, Georgia, Hawaii, Idaho, Illinois, Maine, Maryland, Massachusetts, New Hampshire, North Carolina, North Dakota, South Dakota, Tennessee, Wisconsin |
| 21 | Ohio, Pennsylvania |
| 30 | New Jersey |
What To Do If Squatters Move In?
Removing squatters from a property can be a challenging task that varies significantly based on local laws and regulations. It’s a situation that requires property owners to navigate a series of legal steps to reclaim their rights over the property. Understanding the specific process in your area and seeking appropriate legal advice is key to addressing the issue effectively.
Removing Squatters in the UK
To remove squatters in the UK, you need to legally prove they are trespassing. This requires filing a possession order, known as an IPO, through the court. This order will allow the owner to seek law enforcement assistance to remove the squatters.
Removing Squatters in the US
Evicting squatters in the US tends to vary as each state has its own laws surrounding squatting and adverse possession. Typically, the property owner must serve the squatters with a legal notice to vacate the premises.
If the squatters do not comply, the owner can file an unlawful detainer lawsuit, leading to a court hearing. Success in court will grant the owner a court order for eviction, which can then be enforced by the sheriff’s department.
How to Protect your Home From Squatters
Protecting your property from squatters involves several proactive steps:
Regular Inspections
Frequently check on your property to ensure it remains secure.
Security Measures
Install locks, security cameras, and alarms to deter unauthorized entry.
Clear Signage
Post signs indicating that trespassing is prohibited.
Neighborhood Watch
Inform neighbors about any periods the property will be vacant and ask them to report suspicious activity.
Frequently Asked Questions
How long can a squatter stay in your house?
The duration a squatter can stay in your property will vary by location, but it is important to take steps to remove squatters as soon as you become aware that they are there.
In the UK, once an IPO (interim possession order) has been obtained, squatters must leave within 24 hours and cannot return to the property for 12 months. If not compliant, they can face prison time.
In the US, eviction times can vary by state, for example in California, squatters must vacate within 30 days, whereas in Massachusetts, they must leave within 48 hours.
Can squatters move into an occupied house?
Typically, squatters target vacant properties, but it’s crucial to maintain security to prevent unauthorized entry.
Exit Ordered
Selling a house with squatters can seem daunting, but knowing your rights opens up paths to a successful sale. Cash-buying companies are often willing to purchase such properties, providing a straightforward way out. Taking preventive measures and consulting with legal experts can help protect your property and ease the sale process.
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