Squatting is a complex issue that affects property owners in cities across the United States, including Cleveland. In order for landlords to navigate the legal landscape surrounding squatters' rights, it is crucial to have a clear understanding of the laws and regulations in place. This article aims to provide landlords with valuable insights into the intricacies of squatters’ rights in Cleveland and the protections afforded to both squatters and property owners.
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
In its simplest form, squatting refers to the act of occupying a property without the owner's permission. This occupation may involve living in an abandoned or vacant property, or even setting up residence in a property that is still owned by someone else.
It is important to note that squatting, while related to trespassing, is not the same thing. Trespassing is illegally entering or breaking into private property and is typically prosecuted as a misdemeanor criminal offense. Squatting refers to the act of taking up long term residency without the consent of the property owner and is generally dealt with as a civil, rather than criminal, matter.
The History of Squatting Laws
In the United States, squatting actually played a critical role in Westward expansion. Early settlers could claim land simply by occupying and using it for a certain period of time. This principle of occupation and use of property playing a determining role in ownership is embodied by the concept of adverse possession.
The doctrine of adverse possession, with its roots in English common law, was developed as a way to ensure that land was put to productive use and not left idle. Over time, statutes and court decisions have refined the requirements for adverse possession, balancing the rights of property owners with the interests of those who have been occupying the land.
The Process of Adverse Possession
Adverse possession is a legal concept that squatters can use to claim ownership of the property they occupy in specific circumstances. It is important for landlords to be aware of the laws surrounding adverse possession in Cleveland, as the requirements can differ from state to state. Under Ohio state law, a squatter can claim adverse possession if they meet the following criteria:
-The squatter has occupied the property for a continuous period of at least 21 years
-The occupation of the property has been open and notorious with no attempt to conceal it from the owner
-The squatter occupies the property exclusively and does not share it with anyone else
-The squatter treats the property as though it were their own, i.e. caring for it and making improvements
-The squatter’s claim of ownership is hostile to the property owner
If a squatter’s claim of ownership to a property meets all of these conditions, they have a case for claiming adverse possession in Cleveland.
Rights and Protections for Squatters
While squatting is generally considered to be an illegal activity, squatters are not entirely without rights and protections. In some cases, squatters may be able to assert certain legal defenses to maintain their occupation of a property.
One such defense is the claim of right, which asserts that the squatter reasonably believed they had a legal right to occupy the property. This defense can be particularly relevant in cases where a squatter was misled by fraudulent activity or misinformation.
Additionally, there are instances where local laws or ordinances provide temporary protections for squatters, usually by requiring landlords to follow standard eviction procedures that they would use to remove any other tenant from the premises.
Any landlord in the position of having to remove a squatter from their property should always consult a qualified attorney.
The Impact of Squatting on Property Owners
Squatting can have significant financial and emotional ramifications for property owners. The process of reclaiming a property from squatters can be lengthy and challenging. Property damage, lost rental income, and the legal costs associated with evicting squatters can all take a toll on landlords.
Property owners should take preventive measures to minimize the risk of facing these issues in the first place. Fences, surveillance equipment, security systems, and good relationships with neighbors and law enforcement can all help to prevent trespassing and squatting. Hiring a local property management company in Cleveland can also go a long way towards keeping properties safe and well looked after, particularly for owners who are very busy or frequently out of town.
Squatting and Homelessness
It is important to note that not all individuals who engage in squatting are homeless. While homelessness is a pressing social issue, it is a separate matter from squatting.
That said, plenty of squatters are vulnerable individuals in need of stable housing. If you discover someone on your property who is in need of help, you can direct them to the Cuyahoga Metropolitan Housing Authority or other local organizations that assist people experiencing homelessness.
Final Thoughts: Squatters’ Rights in Cleveland
It is important for landlords in Cleveland 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 looking for a property management company in Cleveland 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!
