Squatters’ rights can be a complex and often misunderstood topic in the world of real estate. For landlords in Orlando, it is crucial to have a solid understanding of the legal aspects surrounding squatters’ rights in order to protect their properties.
In this article we will delve into some of the definitions and legal frameworks surrounding squatting. We will also discuss the rights of both squatters and landlords and look at some measures that property owners can take in order to protect themselves.
Disclaimer: The information provided in this blog does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available in this blog are for general informational purposes only.
The Legal Definition of Squatting
Squatting refers to the act of occupying a property without the owner's permission. Whether it is an abandoned building or a vacant lot, squatters move in with the intention of establishing occupancy. This occupation is not protected by traditional property laws since it is without legal right or title. However, squatters do normally have certain rights that can vary depending on the circumstances.
It is important to note the difference between squatting and trespassing. Trespassing occurs when someone simply enters a property without authorization. Squatting, on the other hand, refers specifically to the act of occupying a property without authorization for an extended period of time. The other key difference is that trespassing is considered a criminal offense which carries a second degree misdemeanor penalty in the state of Florida, whereas squatting is regarded as a civil matter.
The History of Squatting Laws
One of the earliest known instances of squatting laws can be traced back to ancient Rome. During the Roman Republic, there were laws in place that allowed individuals to occupy and cultivate unused or abandoned land. This practice, known as "adverse possession," laid the groundwork for modern squatting laws by recognizing the rights of individuals who improved upon neglected properties.
As societies evolved, so did squatting laws. In medieval Europe, serfs often squatted on land owned by feudal lords, leading to conflicts over property rights. These disputes eventually shaped the development of legal frameworks that sought to regulate squatting activities while also addressing the rights of people who occupied and cultivated the land.
The Process of Adverse Possession
One of the primary concepts needed to understand squatters’ rights is adverse possession. Adverse possession is a legal doctrine that allows a person to gain ownership of property by continuously occupying it for a specific period of time. In Florida, a squatter has grounds to claim adverse possession if they meet the following criteria:
-The squatter must occupy the property openly and notoriously without making any attempts to conceal their occupation
-The squatter must occupy the property exclusively and not share it with the owner or anyone else
-The squatter must have actual possession of the property meaning that they live on it and treat it as if it were their own
-The squatter’s claim to the property must be hostile to that of the property owner
-The squatter must have continuously occupied the property for at least 7 years
If a squatter is able to meet all of these conditions, they have the ability to gain ownership
Rights and Protections for Squatters
While squatting is generally considered illegal, squatters are usually afforded certain rights and protections. As noted above, there are situations where squatters may actually be able to claim ownership of a property based on adverse possession. In most other cases, squatters are entitled to a certain amount of notice prior to eviction and the chance to be heard in court.
The details will ultimately determine what rights a squatter has in a specific situation. In the event that you must evict a squatter from your property, you should always consult an attorney who can help you ensure that the process is lawful and the eviction is enforceable.
The Impact of Squatting on Property Owners
Squatting can have significant ramifications for property owners. Not only does it disrupt the rightful ownership and use of property, but it can also lead to financial losses and legal complications. Property owners may face difficulties in regaining possession of their property, which can be a lengthy and costly process.
Additionally, the presence of squatters can result in property damage, decreased property values, and a negative impact on the surrounding community. Landlords must be proactive in addressing squatting issues to minimize these adverse effects on their property and their neighbors. Hiring an Orlando property management company is a great way to keep your property protected, especially for property owners who are very busy or frequently out of town.
Squatting and Homelessness
An unfortunate reality is that squatting is often intertwined with homelessness. Individuals who lack stable housing may turn to squatting as a means of securing shelter.
If you discover that a vulnerable individual is residing on your property illegally, you may want to direct them to the Orlando Housing Authority or other local organization that can provide assistance.
Final Thoughts: Squatters’ Rights in Orlando
It is important for landlords in Orlando to understand squatters’ rights in order to protect their investments. Knowing the difference between squatting and trespassing, understanding adverse possession, and taking preventive action to deter squatters can empower landlords and help them to avoid costly litigation and major headaches.
When it comes to keeping your property safe, it’s always best to have all the help you can get. If you’re in need of a property management company in Orlando to assist in looking after your properties, get in touch with our local team and find out what we can do to protect your investments!
