Squatter Incidents Raise Alarms Nationwide
With the spring house hunt underway, incidents around squatters are mounting, catalyzing a wave of nationwide attention and concern. Recently, Adele Andaloro faced a legal quandary when she discovered unauthorized occupants in her Queens, N.Y., home. Despite her decision to change the locks, law enforcement action turned against Andaloro, and WABC reported her arrest. Queues of similar stories have pushed the term "squatters" to the pinnacle of Google Trends data, signifying a heightened public interest against the historical backdrop of the past twenty years.
(Photo : Unsplash/Kelly Sikkema)
Legislative Response to Homeowner Protections
The surge in squatter-related incidents has spawned legislative action across various states. In a move that underscores the gravity of the situation, New York City Mayor Eric Adams has explicitly expressed the urgent need to shield property owners from unlawful occupancies. Simultaneously, legislation is brewing in Arizona to expedite the removal of squatters for homeowners, as Newsweek reported. Adding to the momentum, Florida Governor Ron DeSantis ratified a bipartisan bill on March 27, stipulating clear conditions under which law enforcement can lawfully displace a squatter from a property- a proactive measure embracing the rights of legitimate homeowners over illegal occupants.
What Are Squatters Rights?
Massachusetts attorney Marco Sandonato, with expertise in landlord and tenant law, clarifies that the recent high-profile media cases spotlight illegal stayovers rather than squatters' rights cases as understood in legal parlance. He emphasizes that establishing a squatter's right to property in Massachusetts involves a lengthy process termed "adverse possession," as outlined by an 1853 ruling requiring a two-decade duration of occupancy.
What Counts as Adverse Possession
Adverse possession, a legal doctrine permitting individuals to claim property rights over land owned by someone else, necessitates unwavering 20-year possession in Massachusetts for such a claim to bear weight. Sheryl R. Furnari from BayState Law Group underscores that most adverse possession claims revolve around shared driveways, land rights after an owner's death, or inheritance affairs neglected by heirs. She references a recent eviction case where a man residing in a house for seven years following the owner's death could have staked a legitimate claim had he continued the occupancy and upkeep for 20 years.
Navigating Trespassing and Eviction
Morjieta Derisier, another BayState Law Group attorney, elucidates the distinction between straightforward trespassing and complex situations meriting an eviction process. Immediate police involvement is advocated when an unauthorized individual is pinpointed within a home. However, if the occupation has spanned a more extended period, varying from weeks to six months, acquired rights may necessitate an eviction process, as Derisier outlines. Furnari reiterates this distinction through a personal legal experience following the death of a homeowner's son during the COVID-19 pandemic, resulting in his friends taking over the premises.
The Eviction Process in Massachusetts
Delving into the eviction process, Sandonato demystifies the summary eviction procedure, which involves notifying the occupants and summoning them for mediation. Although perceived as efficient, this process is contrasted with the often protracted span of the state's superior court litigations. The eviction process, while brisk compared to superior court cases, nevertheless poses delays for those seeking abrupt restitution of property or unpaid rent situations.
Homeowners and Squatters - Not a Daily Occurrence
According to Sandonato, homeowners battling squatters are less routine than landlords dealing with persisting tenants post-lease expiration. When such scenarios arise, legal assistance is highly recommended to navigate the formidable eviction landscape of Massachusetts. Sandonato's advice to property owners facing squatting issues is unequivocal-engaging a lawyer is essential.
While adverse possession provides a structured legal avenue for long-term squatters, Massachusetts law distinguishes clear boundaries between unauthorized squatting and the following legal ramifications. Against a bustling spring real estate market backdrop, an informed approach to property rights and a nuanced understanding of the legal processes involved are crucial for homeowners and property investors.
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