Squatting has become a prevalent issue in American cities, with individuals taking possession of abandoned or foreclosed properties without permission from the legal owner. This phenomenon not only poses a challenge for property owners but also leads to lengthy and costly legal battles. Daniel Phillips, a real estate litigation expert, sheds light on the legal implications of squatting and ways to fight back against this troubling trend.
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Phillips explains that squatting is the unlawful possession of premises and can occur in two primary situations. The first scenario involves individuals seizing abandoned properties, especially during foreclosure proceedings, while the second scenario involves fraudulent lease agreements where individuals use fake identities to occupy a property. In both cases, property owners face challenges in removing squatters and reclaiming their properties.
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The legal process of removing squatters can vary from state to state, with some states requiring months or even years and significant financial resources. Landlords are often burdened with the responsibility of evicting squatters, which can be a time-consuming and costly endeavor. Phillips highlights the need for legislative changes to simplify the process of removing squatters and protecting property rights.
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Despite the complexities of squatting cases, property owners can take steps to safeguard their properties from squatters. Vigilance, such as electronic surveillance or regular property checks, can help prevent unauthorized occupants from taking over. Conducting thorough background checks on prospective tenants can also help identify potential fraud attempts.
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