I can remember random episodes of Bonanza, Gunsmoke, or some other TV western in which the cowboys got word that some person or people were occupying a remote corner of the property.
And since these episodes were long before Seattle was occupied in 2020 the cowboys rode out to have a word.
This wasn’t a conversation. There were no requests made from the cowboys, no negotiations. It was one-way communication.
“You best move along, now.”
The cowboys gave back to their communities in other ways, perhaps by helping neighbors raise a barn or by assisting the local sheriff. But when it came to the property it was “We are the Ranch,” not “We are the World.”
And in those simpler times that was OK.
However, running off squatters is much more complex these days.
For starters, the cowboys hadn’t intentionally left their land unattended. The Ranch was a big place, and though they may not make it to the vast reaches every day, they were still around.
These days they’d have to check those far corners on a much more regular basis because squatters may have the law on their side. It’s called the law of adverse possession. It’s a legal doctrine that allows a person in possession of land owned by someone else to acquire a valid title to that land as long as certain conditions are met.
Typically, once the freeloaders have been designated as “squatters,” who have moved their personal belongings to a residence, and not mere “trespassers,” law enforcement will throw up their hands when asked to get involved. There will be no arrests or immediate removal. Frustrated property owners will be referred to the court system.
Conditions are not outlined in any federal guidelines, and laws vary by state, but in the year of our Lord 2024 squatters in Arizona can take someone else’s property in three years – provided the squatters have been paying the taxes on it.
Most states allow a legal takeover if the squatters have occupied a dwelling for a longer period, often 10 years, 15 years, or more.
In California, that squatter’s claim gets much stronger in five years. In Florida, it’s seven years, but state Rep. Kevin Steele is working to strengthen the rights of the original owners. Florida lawmakers are moving ahead with legislation that could be the answer to Patti Peeples’ prayers.
A Jacksonville resident, Peeples’ fight to remove squatters from her home gained national attention earlier this year. After sending a handyman out for a job, Peeples discovered two females had broken into a rental house she owned and had caused almost $40,000 in damages.
She had hopes of preparing the property for a home inspection and then selling it to an interested buyer. The squatters showed Peeples a fake lease and said they had a right to remain on the property.
They had gained access to the property by dismantling an existing deadbolt lock and replacing it with one of their own.
Steele filed a bill in November that he hopes will strengthen existing laws that offer virtually no protection for homeowners.
“These squatters know the laws better than most attorneys do. They use them to their advantage, and the police are absolutely hamstrung. They know this is a civil matter. The police have no right to remove these squatters and treat them as criminals, as individuals that have broken in or trespassed. They simply throw up their hands and say you need to go through the civil courts system and evict them. That can take 30 days, six months and in some cities 18 months or more. This is a nationwide problem,” Peeples told Fox News in April.
The problem is indeed nationwide. Flash Shelton dealt with it on America’s other coast in 2023.
A handyman by trade, Shelton gained social media fame when he out-squatted the squatters in his mother’s California home.
His father had recently died, and his mother couldn’t remain in the home alone. They decided to put it up for rent. A potential renter didn’t have the necessary money or credit, but Shelton lived out of town, and the woman moved into the house anyway.
Shelton began to hear that the house was occupied, but local police told him they could take no action and he’d have to approach the problem through the courts. Instead, he wrote up a lease agreement with his mother designating himself as the legal occupant.
He drove to the house and gave the squatters a midnight deadline to leave before he started having the furniture and other possessions, she’d brought inside the house hauled away.
“ The thing that I summarized the most from 2023 is that a lot of people in this country are … they might have an issue with something, and they might talk about it, and they might vent about it and go on social media about it, but when it comes to actually doing something, I don’t know if people are afraid to actually put themselves out there or put their name on something. Our country is so upside down in so many ways, not just squatters. There are a lot of issues that we need to deal with, and I don’t think we’re finding a way to deal with them. In coming together regardless of political party, squatting affects everyone, and it’s not blurred by lines,” Shelton said on a YouTube post that is approaching 5 million views.
Steele’s bill would give new powers to law enforcement, enabling them to immediately remove illegal occupants who cannot provide legitimate documentation or proof of rent payment.
In the era of homelessness, much less a problem when Hoss and Little Joe went to see what was going on yonder past the creek on the back 40, local officials might be quick to embrace the idea of somebody – especially somebody who pays taxes – occupying a dwelling that had perhaps fallen into disrepair.
But somewhere the law is missing the boat when squatters can break into a secure building a homeowner is preparing to sell and try to claim it. That’s not squatting; it’s theft.
(To read more on this subject by Parrish click HERE for an article he wrote for American Family News.)
