Squatter's Rights--Is It True?

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Mortgage and Lending with Benchmark Mortgage nmls 2143 NMLS # 198479
http://actvra.in/RPS

I was told today if someone moved into a property that was vacant, the tenant would have squatter's rights and it could take months to get these people evicted?   If someone moves into a home, sets up housekeeping and uses a home as their permanent residence without the permission of the owner, is this not breaking and entering???  Shouldn't they be arrested?

Can some please explain how this can happen and does the owner of the property not have any rights? 

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Lisa Dell

question....we have been living in a house for 19 months.  my employeer and i had an unwritten agreement for eight months free rent, but we continued to live in his home rent free until now.  we have paid utilities though.  lately, he has been trying to withhold my checks (even cashing one) for rent.  I have found another job, but i can't move my family for a couple of months. 

what i am trying to find out is if he has the right to instantly remove my family from the house or does he have to give us a notice and sufficient time.  we are located in Northern Virginia. 

 

thank you.

Oct 15, 2010 06:16 PM #15
Anonymous
Anonymous
Kim
My husband owned land in SC and when he passed away let this property to a child who says there are squatters on the land that we have paid taxes over the years and never received rent from the squatters.  Do they have lega rights ove rthis land?
Dec 04, 2010 12:15 PM #16
Rainer
102,482
David Patterson
Columbia, SC
ibdp3

Kim:

In South Carolina, we call Squatter's Rights.........Adverse Possession!

Let me quote you Section 15-67-210 of the South Carolina Code of Laws.

In every action for the recovery of real property or the possession thereof the person establishing a legal title to the premises shall be presumed to have been possessed thereof within the time required by law. The occupation of such premises by any other person shall be deemed to have been under and in subordination to the legal title unless it appear that such premises have been held and possessed adversely to such legal title for ten years before the commencement of such action.

TRANSLATION......Under certain conditions (there's a litmus test), if you "squat" on a piece of real estate for ten UNINTERRUPTED OR UNCHALLENGED YEARS, you could obtain some form of legal title to the property.

Dec 04, 2010 12:24 PM #17
Anonymous
Anonymous
Shavon

My husband and I have cleared .5 acres and lived on it for 15yrs. Now we have decided to relocate to further our education and thinking about moving back in the future . My mother n law is upset now because we are renting the mobile home out now and she is trying to evicts us off the property. We paid the taxes for 15yrs and still paying taxes on the property and keeping it well manicure. Can we claim squatter law. We have invested in this mobile home and it still have a mortgage . Help what can we do 

Jan 28, 2011 12:03 AM #18
Anonymous
Anonymous
wanda

I LIVE IN APT COMPLEX IN CHARLESTON SOUTH CAROLINA THE OWNER EITHER SOLD THE APTS. OR FORECLOSED IN NOVEMBER2010 ; I SIGNED A 6 MONTH LEASE. THE LEASE ENDED 2 MONTHS AGO. THE NEW OWNERS NEVER CONTACTED THE TENANTS UNTIL TODAY MARCH 9 2011.DO I HAVE SQUATTERS RIGHTS FOR 6 MONTHS

Mar 09, 2011 03:26 PM #19
Anonymous
Anonymous
harvey oliver

I grew up in a house in louisville ky my parents sold it the people lost it 5yrs later its been vacant for another 5yrs can i move in its run down and abandon with out going to jail... i would like to pull my rv over their and stay in rv.. im willing to pay cash for it when it comes time.. I just want to make sure it dont get vandlized more

Jul 26, 2011 08:46 AM #20
Anonymous
Anonymous
lisa

Hello..I have lived on a piece of land for 19 yrs now and have maintained the property and have a mobile home and another small home on the property. I also helped enclose two pole buildings which turned out to be a shop and a cook shed. The land is in my mothers name and she is threating to throw me out. She stated that I was going to inherit the side that I have done all the work on. Please tell me what I can do for I am disable and could not possibly relocate. Help...thanks

Nov 26, 2011 05:46 PM #21
Anonymous
Anonymous
lisa

Sorry, I forget to say that the stae is south carolina....

Nov 26, 2011 05:48 PM #22
Anonymous
Anonymous
Cassandra Johnson

My mothers adopted mother lefted her a piece of heirs property and she let her neice stay on it in the trailor. My question is she dont pay no rent but she pays the land tax every year for the past 5 years. Is there a law in South Carolina that say she will own this piece of land if she continues to pay it? Is there a certain numbers of years that this goes into effect? Thank You.......

 

Jan 21, 2012 09:35 AM #23
Anonymous
Anonymous
Thelma

Hi,

We have been living in our house for about 7yrs now and due to loss of job and the economy will want to do a graceful exit. We are a month behind in payment. Is there a squatters rights for us? In other words, is there a way for us to get out of our mortgage free and clear. We thought about selling even though we owe now more to the bank than the house is worth. Needing your advice and solution to this issue we are dealing with now.

Thanks

Thelma

May 02, 2012 11:47 AM #24
Rainmaker
68,469
Valerie Springer
Benchmark Mortgage nmls 2143 - Birmingham, AL
Home Loan Officer AL, FHA, VA, Conventional and Re

Thelma:  This is not a case of squatters rights, you own that home.  There is no way for you to get out of your mortgage and own the house free and clear.

You should seek advise from a realtor who specializes in short sale.  Hopefully they will be able to see if the lender will agree to less than full payment if you are ready to sell.  I do not know of any other options for you.

Valerie

May 02, 2012 12:07 PM #25
Rainer
102,482
David Patterson
Columbia, SC
ibdp3

Thelma:

Thanks for your comment on my blog. Please give me a call at (803) 450-0440 to discuss your options. I will do my best to help in this situation.

May 02, 2012 05:19 PM #26
Anonymous
Anonymous
kerry mccall

heres a ?, my 91 year old grandmother passed away in december 2011. my brother who had lived with her in this house for over 20 or 25 years AND paid the taxes, utilities, etc. passed away march 2012. he did not have a will so his finances passed to my mother, and are still in probate. would adverse possession apply in this case so that she could take possession of the house? the house itself was left to her and her brother, one wants to sell and one wants to keep but neither can pay the other off. would my mother be able to claim the house as hers through inheriting anything that belonged to my brother? have contacted a lawyer regarding his wrongful death at a doctors office but not about this. just curious. i realize as his sister i dont really have any rights. i personally would like to see the house stay in the family but the other side (uncles side) are desperate to sell and make some money on it. my brother paid the bills at this house for half his life and the uncles family just kicked him out when my grandmother died. he died of a broken heart and desperation of losing so much in such a short time. any advice?

Jun 20, 2012 02:55 PM #27
Anonymous
Anonymous
Fran

Hi

I am in a similar situation.   When I moved on my sister's land 9 years ago she told me dont worry about being there.

She has illegally connected my water system so I have been paying her part for about 9 years also in lieu of the fact I dont pay the property taxes on I would say about an 1/2 acre or less.   She has stated many times she would leave the land to me, however will not sell me that part now so that I can refinance.   I even offered when I leave I would offer it back to her.   The amount of land total is 3 acres.  I am unable to refinance with out land.

I have been researching this and I need to know:

1: can she make me leave with my 4 (rescue dauschaunds) and would she have to pay for the well and septic tank?

2:  Am I entitle to any rights?

3:  Am I understanding the TRUE amount of time for her not to be able to do anything?

I am not stealing property to the person who said that ... I want to pay however I have sister who wants control and is greedy.   I am not judging I love her however Greed begets Greed!

 

God Bless Everyone and do unto others as you would have them do unto you :)

 

Jul 06, 2012 06:48 PM #28
Anonymous
Anonymous
loretta

can someone please tell me if there are squatters rights in south carolina. and what the time frame is. i have a friend who has lived on a piece of land for 27 years without paying anything now they want him to leave his home which he was given premission to live there  27 yrs ago by the owner.

Oct 11, 2012 07:55 PM #29
Anonymous
Anonymous
Lynn Kelly-Crouch

We were invited to live on a piece of property, pay rent and within 5 years or so would have the option to purchase this property. It has been 24 years and we have not be able to purchase this property due to the multiple refinancing of the owner in order to own and/or keep his business running. We are having difficulty making payments on this property as it has gone from $80 per month to $165. One of the reasons the rent is higher is because the owner put a well on the property. We offered to pay for it but he would not let us. My husband's business has been so bad lately that for the past five years we have had difficulty making rent payments. I make lump sum payments whenever possible. We MAY be a year behind in rent and he keeps threatening to call his laywer. This is a mobile home but through the years, given the notion that we would be owners one day, we have built it into a home that cannot be moved. It has three additions, two decks, and a screened in front porch. We have also worked the property and have a storage house as well as a greenhouse in the back yard. Can we be made to leave this property after all we have put into it? I'm sure we have paid for it three times over. There was no rental agreement signed. Everything was vebal. 

L

Jan 24, 2013 10:40 AM #30
Anonymous
Anonymous
D M Protheroe

I inherited a small commercial building in SC and at the time it was occupied. I live 650 miles away. Now it is vacant. Wanted to sell it and had on market but not sold because of economy. Had an interested client but client could not come up with monies. Wanted to rent it but the amount of rent offered would not cover the taxes, insurance etc. So declined the rental offer. Without my knowledge the client went inside building and did a few alterations. Informed them that I did not want them inside building as it is illegal and I will not be liable. They said they understood and would leave. Had keys given back etc. Since the market and economic climate is slowing rebounding, I plan to put Bldg back on market this summer to sell. However, my best friend, retired teacher in Charleston went by to check on building last week and found that the former prospectve clients have set up a business in the building. I am in shock. What is my next step? 

Mar 03, 2013 05:37 AM #31
Anonymous
Anonymous
Loretta

My daughter her husband and two daughters(one of which is special needs) my daughter is also pregnant have lived in an abandoned house which was owned by my son-in-laws uncle. They have lived here 7 years and have done many repairs believing it would be willed to them or they would have first right of refusal if property was ever sold. This property is located in Walker, WV. What rights do they have?

Mar 07, 2013 05:37 PM #32
Anonymous
Anonymous
Kelly Lloyd

This is probably an easy question for you: I've lived in this apt for 2 years in Bluffton, SC. The owner lost this building to foreclosure. It has since been bought at an auction. The new owner said he would honor my current monthly rental rate, however, he's only honoring it for 2 months then has raised it 50.00 more per month.

He says he is going to file an eviction on me. I have never been evicted before. How long will they give me to move out as I cannot move out until I get my refund check from the IRS? I am a single mother of one disabled son. I am very upset, scared, and angry. I have no where to go. My car was recently repossessed, my boss changed the locks on the door to my job so I couldn't get in, and now I'm going to be evicted. I have no family in the area.   

If the bank had this place, they might have done a "cash for keys" to help me get out, but this is not the case. What rights do I have? I don't want this eviction on my record as it will hurt me later when I try to get another place.

I feel really trapped. Do people with disabilities have rights in this situation? I will leave this apartment and I am in contact with the owner. I told him I did not want him to evict me, that I would just be out by the end of this month, however, he is not responding to me any more. His lack of communication with me tells me it's a legal matter now.  

I appreciate any advise you can give me. Thank you.

Sincerely,

Kelly Lloyd

843 290-7167   

 

Mar 21, 2013 11:11 AM #33
Anonymous
Anonymous
Trista

Hello, I have a dilemma. I had a contract with a gentleman to pay $20,000 for property and house in SC starting September 2007. The man passed away in 2011. We continued to pay on the property and house until paid off in October 2013. We have a copy of the check that his widow cashed stating on it that the final payment was made for both the property and the house. She has strung us along in getting the deeds turned over. Even went as far as to tell us that the property taxes (which was included in the payments) were not paid and the property was sold in the county tax auction and we have until November 2014 to live here. I am a stay at home mother and my husband works minimum wage and we are barely getting by now. I have searched the house high and low looking for the contract I signed for the house and cannot find it. I want to know what rights we have to keep from getting evicted off of property that we paid for?

Jul 27, 2014 02:53 PM #34
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Valerie Springer

Home Loan Officer AL, FHA, VA, Conventional and Re
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