CLOSE
ThinkStock
ThinkStock

How Do Squatter’s Rights Work?

ThinkStock
ThinkStock

Jason asks, “Most of us have heard the term 'squatter’s rights,' but what rights to squatters actually have?”

In the United States, “squatter’s rights” isn’t a list of specific rights, but refers to a specific form of adverse possession, a legal principle that we inherited from England and has been around, in one form or another, for ages.

Adverse possession allows for real estate to change ownership without payment if someone occupies another person’s property while meeting certain requirements for a set amount of time without the owner getting rid of them. For example, if I build a fence way over my neighbor’s property line and use and maintain the land I’ve fenced off, and my neighbor does nothing about it for a while (exactly how long depends on where we live), I may be able to claim that chunk of his property as my own if he does ever make a fuss. 

The idea behind adverse possession, the California Court of Appeals for the Third District wrote in a 1979 decision, “is basically that land use has historically been favored over disuse, and that therefore he who uses the land is preferred in the law to he who does not, even thought the latter is the rightful owner. Hence our laws of property have sanctioned certain types of otherwise unlawful taking of land belonging to someone else.” The purpose, the Court continues, isn’t “to reward the taker or punish the person dispossessed, but to reduce litigation and preserve the peace by protecting a possession that has been maintained for a statutorily deemed sufficient period of time.”

While the principle is usually used by the courts to resolve property disputes like my hypothetical fence, squatters can also use adverse possession to gain ownership of the property they’re squatting in if they play their cards right. 

Land Grab

Adverse possession statutes vary from state to state, and sometimes within states, but generally speaking, to acquire property by adverse possession a squatter needs to possess the disputed property in a way that is actual, open, notorious, exclusive, hostile and continuous for the statutory period of time. That is, they need to actually occupy and use the property, in opposition of the actual owner’s rights and claims, in an open and visible way that makes it known to the owner that their property is being possessed and prevents others from using or occupying it. All of this has to be done for a set period of time, which varies between jurisdictions. In California, a squatter needs to possess a property for five years, while in New Jersey, they’d have to hang on to it for 30 years.

If the squatter’s possession is interrupted during that period—say, by the actual owner attempting to take possession or the squatter abandoning the property—the continuity of it is broken, and the squatter has to start again with the clock reset at zero. If they manage to meet all those requirements for the full amount of time and not get kicked out, they could claim ownership through adverse possession if any questions about the ownership arise or go before a court. 

nextArticle.image_alt|e
CHRIS JACKSON, AFP/Getty Images
arrow
Big Questions
Why Does the Queen Have Two Birthdays?
CHRIS JACKSON, AFP/Getty Images
CHRIS JACKSON, AFP/Getty Images

On April 21, Her Majesty Queen Elizabeth II will turn 92 years old. To mark the occasion, there are usually a series of gun salutes around London: a 41 gun salute in Hyde Park, a 21 gun salute in Windsor Great Park, and a 62 gun salute at the Tower of London. For the most part, the monarch celebrates her big day privately. But on June 9, 2018, Her Majesty will parade through London as part of an opulent birthday celebration known as Trooping the Colour.

Queen Elizabeth, like many British monarchs before her, has two birthdays: the actual anniversary of the day she was born, and a separate day that is labeled her "official" birthday (usually the second Saturday in June). Why? Because April 21 is usually too cold for a proper parade.

The tradition started in 1748, with King George II, who had the misfortune of being born in chilly November. Rather than have his subjects risk catching colds, he combined his birthday celebration with the Trooping the Colour.

The parade itself had been part of British culture for almost a century by that time. At first it was strictly a military event, at which regiments displayed their flags—or "colours"—so that soldiers could familiarize themselves. But George was known as a formidable general after having led troops at the Battle of Dettingen in 1743, so the military celebration seemed a fitting occasion onto which to graft his warm-weather birthday. Edward VII, who also had a November birthday, was the first to standardize the June Trooping the Colour and launched a tradition of a monarchical review of the troops that drew crowds of onlookers.

Even now, the date of the "official" birthday varies year to year. For the first seven years of her reign, Elizabeth II held her official birthday on a Thursday but has since switched over to Saturdays. And while the date is tied to the Trooping the Colour in the UK, Commonwealth nations around the world have their own criteria, which generally involve recognizing it as a public holiday.

Australia started recognizing an official birthday back in 1788, and all the provinces (save one) observe the Queen's Birthday on the second Monday in June, with Western Australia holding its celebrations on the last Monday of September or the first Monday of October.

In Canada, the official birthday has been set to align with the actual birth date of Queen Victoria—May 24, 1819—since 1845, and as such they celebrate so-called Victoria Day on May 24 or the Monday before.

In New Zealand, it's the first Monday in June, and in the Falkland Islands the actual day of the Queen's birth is celebrated publicly.

All in all, just another reason it's great to be Queen.

Have you got a Big Question you'd like us to answer? If so, let us know by emailing us at bigquestions@mentalfloss.com.

nextArticle.image_alt|e
iStock
arrow
Big Questions
What Is the Meaning Behind "420"?
iStock
iStock

Whether or not you’re a marijuana enthusiast, you’re probably aware that today is an unofficial holiday for those who are. April 20—4/20—is a day when pot smokers around the world come together to, well, smoke pot. Others use the day to push for legalization, holding marches and rallies.

But why the code 420? There are a lot of theories as to why that particular number was chosen, but most of them are wrong. You may have heard that 420 is police code for possession, or maybe it’s the penal code for marijuana use. Both are false. There is a California Senate Bill 420 that refers to the use of medical marijuana, but the bill was named for the code, not the other way around.

As far as anyone can tell, the phrase started with a bunch of high school students. Back in 1971, a group of kids at San Rafael High School in San Rafael, California, got in the habit of meeting at 4:20 to smoke after school. When they’d see each other in the hallways during the day, their shorthand was “420 Louis,” meaning, “Let’s meet at the Louis Pasteur statue at 4:20 to smoke.”

Somehow, the phrase caught on—and when the Grateful Dead eventually picked it up, "420" spread through the greater community like wildfire. What began as a silly code passed between classes is now a worldwide event for smokers and legalization activists everywhere—not a bad accomplishment for a bunch of high school stoners.

Have you got a Big Question you'd like us to answer? If so, let us know by emailing us at bigquestions@mentalfloss.com.

SECTIONS

arrow
LIVE SMARTER
More from mental floss studios