- Legal EditorHenry Dahut, J.D.
Henry Dahut, J.D.
Attorney - Legal Publisher - Educator
Henry Dahut is a licensed California trial attorney. Over the course of his 30-plus years practicing law, Henry has represented and counseled countless clients in legal trouble.
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Squatters Claim Legal Rights To Another’s Real Property
Ejectment is a legal action taken by a property 0wner against a person with no legal right to occupy or otherwise use the property. Yet, when requested to leave the property, the person refuses and claims to have legal ownership of the land possessed.
This Kind Of Trespasser Is Known As A Squatter
An ejectment action seeks the removal of a person who is effectively trespassing on the property of another. This type of ejectment action is distinguishable from an eviction action.
In an eviction action, the tenant had a legal right to occupy the premises but now is being evicted from the property for nonpayment of rent or other tenant violations.
The Squatter Claims a Legal Right to Occupy the Property
By their continued trespass, the ejectment of someone is effectively challenging the claims to ownership of the property. This type of possessor is called a squatter.
A squatter can claim a legal right to the property based on having occupied the property for many years and having not concealed this fact from the property owner.
Squatter rights are are similar to how legal easement rights form:
A legal right is claimed based on the fact the property owner never objected to the regular and continuous crossing of the property. An easement is a right-of-way, not an ownership right as a possessor.
The Law of Adverse Possession
An action based on the law of adverse possession comes from our common law. It is based on the activities of a trespasser who, without consent, began to possess another person’s property openly and continuously (from three to ten years, depending on the jurisdiction) and now claims ownership of the property.
If, however, the title owner of the property files an action for ejectment before the adverse possession period passes, the squatter’s claim will fail, and the court will order the squatter ejected from the property.
The Property Law Doctrine of “Use It Or Lose It”
The law favors property owners who assert their property rights and do not squander them. Otherwise, they risk losing their rights to an active, open, and continuous possessor claiming a legal right to that property. The same legal theory applies to the assertion of an easement. The legal mandate still exists today, “Use your property rights or lose your property rights.”
Property Lawyers
If you are facing legal issues concerning trespassers using your property, consider seeking the advice of an experienced property lawyer online.
