Squat in Abandoned Property

Squatting, the practice of living in abandoned or unoccupied spaces that a squatter does not legally own, is a great way to avoid paying rent, annex parts of your neighbors' yards, or even take a whole house from someone if you’re willing to take the risk. While many squatters are routinely evicted, arrested, harassed, or even, in some parts of the world, beaten or killed, some manage to make comfortable long-term homes on another person's property. A few are even able to take legal possession of their adopted digs through a process called “adverse possession”. Whether you're unemployed, underpaid, or just extraordinarily thrifty, squatting may be the solution to your housing needs. However, be aware that in the vast majority of cases squatting will disqualify you from adverse possession, and it can result in you getting taken to court or being arrested.

Steps

Preparing to Squat

1. Know the laws in your area. Because attempting to squat on abandoned property is extremely dangerous and often illegal, you should research all the laws in your area. In most jurisdictions squatting is a criminal activity. It may land you in serious trouble.
   • 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.
   • 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. 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.
2. Be aware of the distinction between squatting and adverse possession. Adverse possession is a legal way of gaining ownership of land that is not legally yours by occupying it in an obvious way, taking care of it, and paying taxes on it. This might take the form of occupying an abandoned building or of building a fence a few feet over your property line. Adverse possession is often called “squatting,” but squatting is distinguished as an illegal activity. Even on public lands, such as those owned by the Bureau of Land Management, rules exist to prevent people from squatting. or attempt to seize acreage.
   • 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. 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.
   • A person is not a squatter if they are living on the premises legally or with permission from the owner.
   • Squatting is always defined as illegal, as it requires trespassing, which disqualifies you from gaining ownership of the property through adverse possession laws.
   • Trespassing is defined as entering another person's property without their permission.
3. Prepare for the long-haul. A trespasser, a squatter, and an adverse possessor are also distinguished by the amount of time a person spends on the premise. States recognize statutes of limitation for adverse possession anywhere from five to forty years of continuous and uninterrupted occupation.
   • 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.
4. Form a group. Squatting by yourself is not likely to work out well. This is because you can't leave the property from anywhere between five and forty years without risking negative legal consequences. You can try to squat by yourself, but it is preferable to squat with at least two people, especially in a rural area. That said, it is usually best to build a small community or at least have a couple friends with you to help defend the property against thieves and other threats, as well as share the work and expenses of maintaining the place.
   • 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.

Picking the Right Spot

1. Make sure that the property you choose is actually abandoned. Most experienced squatters prefer abandoned or unoccupied spaces, because property owners who no longer use their property are less likely to object to another person's use of it. They are therefore less likely to take legal action against the squatters.
   • 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).
2. Enter the space. If you have any reason to believe the space is actively used or might pose a health risk to you or your squat mates, do not squat it or attempt to enter it. When first entering a building, try to find a way in that does not require you to “break in” or otherwise cause property damage in order to gain entry.
   • 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.
3. Scope it out. Once inside, try to get an idea of how sound the structure is and how safe and comfortable it would be. Beware large structural cracks, sagging or broken ceilings or floors, or other signs of serious damage.
   • 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?
4. Test out the space you chose for one night, and be observant. If you feel safe, continue to squat and do everything that is necessary to turn it into a habitable area. Some abandoned structures still have running water or even electricity. Take advantage of this.

Establishing Control over Your Squat

1. Secure the building. If you’re hoping to use the building as a long-term squat, it is vital that you secure the premises. If you can show that you have indeed taken possession of the building, it is much more difficult to have you evicted. This also ensures a valid owner cannot enter the premise, possibly jeopardizing your control of the property.
   • 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.
2. Clean the place up. Obviously you’ll want to sweep away the layers of dust, get rid of rats or other pests, etc., but you should also try to make the building habitable and comfortable. Not only will this make your living situation more enjoyable, it will, in some jurisdictions, make it more difficult to have you removed, and it may help you negotiate with the owner if he or she shows up. .
   • 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.
   • The way to establish adverse possession requires maintenance/upkeep of the property.
3. Try to get utilities turned back on. Sometimes the water and power will be on when you get there, but usually this isn’t the case. If you’re planning on staying for a while, try to get these services turned back on. In many countries, utility services can’t be denied just because you’re squatting. Still, it’s usually best not to disclose that fact when dealing with utility companies. You may need to pay a deposit or pay off unpaid bills from the previous owners. If you’re just planning a short-term stay, you’re probably best off not trying to get utilities as it may bring unwanted attention to you.
   • 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.
   • 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.
4. Find a way to heat the place in cold climates. An abandoned property is likely to have some missing windows and lack a working heating system, which can be a problem in the winter. To heat a property that you are squatting on, you will first need to seal any gaps in existing window, replace or cover missing ones, and find other ways to reduce drafts in the space you are occupying.
   • 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.
5. Decide how to deal with the neighbors. There are two opposing methods of interacting with neighbors. The option you choose should depend on the circumstances of your squat. You can be inconspicuous or befriend your neighbors. Though if it appears that you tried to hide your activities be aware that it may disqualify you from taking adverse possession of the property.
   • 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.
6. Establish legal property rights through adverse possession. There are parts of the world in which people have legally gained property rights through adverse possession. In some cases, this may involve occupying an abandoned property for a certain period of time and/or paying the property taxes that the property owner failed to pay. This is the final goal for a long-term squatting situation, but it very rarely occurs, as squatting is illegal and generally disqualifies you from adverse possession altogether.
   • 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.

Tips

• Find a source of water. If you're lucky enough to find a place with running water, you're set. But not every squatter is this lucky. Having water is essential to making a squat habitable.
• You can find out who owns a building by visiting the local assessor or clerk and recorder. This information is usually public and may help you determine the suitability of a building.
• In many jurisdictions, the police can evict you only if the property owner requests it and only if the property owner legally establishes that you don’t have a right to be there. In some places, this is harder than you might think, so check your legal options if the threat of eviction looms. There are organizations available in many countries that can help you defend your claim.
• If the property owner wants you out, try to negotiate with him or her instead of causing conflict. You will make a more favorable impression if you have already fixed up the property and if you are living a responsible, low-key life.
• Try to make sure you have at least one or two people in the building at all times during the initial stages of a squat. This will help deter thieves and vandals, and it will make it more difficult for people to lock you out.
• You can also squat buildings to be used as public areas. Not all squats are residences. Some are social centers that take the place of comparable services which are otherwise missing in the community, e.g., bartering centers, libraries, game rooms (just throw in a ping pong table), and meeting spaces.

Warnings

• Take steps to protect yourself against thieves, vandals, and others who might harass you or try to cause you harm. Squatting can be especially dangerous if carried out alone.
• Make the squat obvious. Be open and notorious with your squat as long as you have made it legal by filing the necessary papers with your particular circuit court.
• Consult an attorney.
• Don't keep illegal items on the property.
• Examine your states' position concerning "Squatter's Rights". Squatters have rights to the property they are squatting on only when done legally. In England and Wales, there is what's known as a Section 6 squatter's rights notice in the window meaning the owner cannot evict you without taking you to court, which can take several months (this only applies to rented/abandoned or commercial properties - anyone who normally occupies [or intends to occupy - such as a new owner or tenant] a residential property [even a tenant] can order you to leave [with a sentence of up to 6 months for refusal] or use force to enter the property). In Scotland, however, squatting is a criminal offense and can result in your arrest. Florida law encourages you to post notices that the property is under siege.
• Laws regarding adverse possession usually have statements requiring the person to be acting in "good faith". Squatting is not considered acting in good faith. Acting in "good faith" usually requires some legitimate claim to the property. In many states "good faith" is not part of adverse possession laws. You can claim a property by "color of title" meaning that you have filed papers with your local court stating that you are residing on the property under "color of title" with the beginning date of your tenure.
• Though UK law changed to make squatting criminal offense rather than just a civil matter in residential properties. However, squatting in non residential buildings is still a civil matter, don't let them fool you!
• According to Florida law, a property must remain under siege for seven years continuously without an eviction. You can also do adverse possession through "claim of right" meaning that no one is using or maintaining the property.

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