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WDYT: Pastor Accused of Squatting in house
Link to the story. I feel bad for the owners. I don't even know what I would do.
Another old nestie with a new name.
Re: WDYT: Pastor Accused of Squatting in house
Yeno, I was just reading about this in I think TX? There is a statute in some places that was created to prevent like a long-lost uncle from coming and claiming rights to property after someone else has already bought it. The wording of it is such that if you can establish that you've lived on the property for a certain time and no one has had issue with it, then someone can't try to take it from you. It's obsolete in a time where there are actual legal documents/deeds/etc., but the wording has recently been twisted to suit squattors. They move in, have a utility bill in their name etc... and if they are uncontested for some period of time as defined by the statute, then they can file for ownership of the home. So in TX some guy got this mansion for the $16 court filing fee or something ridiculous.
I don't think this guy even has a shot under that statute though based on the story. If he moved in when the house was purchased, he's just squatting. They will probably have to go through the eviction process, which is aggravating enough on its own, but I don't think he will get far with his claim for ownership.
Seriously? This is ridiculous.
And the fact that he is a "pastor" just makes the whole thing that much worse. ugh.
On a side note, I know a lot of really nice houses that have been on the market forever that I would love to just move into and claim ownership.
Edited because I spelled "ridiculous" with an "E"
I don't have the time to look into it right now, but I believe they see it as separate things.. If someone is living in a property (which has to be defined legally, usually by something like paying a utility at the address), the law will provide them a tenant status and require formal/legal eviction by the property owners. My mom had to deal with this when her uncle passed away and left a vacant home. While my mom and other family were deciding what to do with the property, someone had moved in. He person had to be formally evicted. They call these laws "squatter's rights" etc if you are curious enough to look into it.
I'm sure it varies wildly from state to state, but in NY, the person in my mom's uncle's place was granted tenant's rights, so if he lived there, breaking the lock isn't really breaking and entering because he had the right to be there. It's super shady and circular logic -- "yes, I broke in.. but now I live here.. and you cant be charged with B&E when you live there."
Loitering only applies to public places or businesses, I believe, so that wouldn't apply.
How is it that my BABY is going to be 3?
BFP-2/25/11; 8 Wk U/S-3/25/11-No HB, measured 6.5 wks; D&C