What are the rights of a squatter in New York?
A squatter has the legal right to ownership if they have possessed a property for more than 10 years without interruption ( Article 5 § 501, 511 ). Send a 30-day notice ( N.Y. Real Prop. Law § 232-b) 20 years continuous possession ( § 1-40) or 7 years with color of title ( § 1-38 ).
What is the importance of squatter settlements?
Squatter settlements or informal settlements have been a very important part of many cities in the Global South. Shifting government and international agency attitudes toward them since the 1960s have reflected a growing recognition of the capacity of the urban poor to adapt and sometimes to thrive in very difficult circumstances.
Which states have a squatters law?
The below states have a squatters law which requires the individual to have lived on the property in question for 20 years or more: 1 Delaware 2 Georgia 3 Hawaii 4 Idaho 5 Illinois 6 Louisiana (30 years) 7 Maine 8 Maryland
What to do if a squatter is on your property?
Remember, you can not legally try to intimidate the squatter or forcibly remove them from your property. If you must engage with the individuals who are illegally inhabiting your property, it’s best to have a police officer present. 2. Provide a Formal Eviction Notice
How can problems in squatter settlements be reduced?
Squatter settlements can be improved through urban planning. In 2004, a plan to improve Dharavi was put forward. Vision Mumbai aimed to replace squatter settlement housing with high-quality high-rise tower blocks of flats. In total, only 350 residents moved to new houses.
Why solving the problem of squatter settlement can be difficult?
because there are limited public resources and capacities to keep them up. This is rarely the case with small projects - small groups of houses, each one built and owned by one or several families.
Are there squatter settlements in the US?
In the United States today, there are people living in informal settlements without access to basic shelter, electricity, water, and sanitation.
Which states have squatters rights?
Which states have squatters' rights? Squatters rights, also known as “adverse possession” laws, exist in all 50 states of the U.S. How and when these laws are enforced differ greatly from state to state, however.
How can informal settlements be prevented?
Five Ways “Re-blocking” Helps Improve Informal Settlements (And One Way It Doesn't)By improving access to water, electricity and basic services. ... By preventing shack fires. ... By creating a passage for emergency vehicles. ... By preventing flooding. ... By increasing community engagement.
How can informal settlements problems be solved?
Additionally, Janice Perlman4 sets forth eight recommendations for the improvement of informal settlements: (1) provide a variety of housing options in regards to tenure and payment, such as short-term rental, long-term lease, cohousing, and financed purchase; (2) invest in education, healthcare, and social services ...
Why do squatters have rights?
Why Do Squatters Have Rights? The main goal of squatters' rights is to discourage the use of vigilante justice. If landowners were allowed to use violence or the threat of violence to evict a squatter, the situation could quickly escalate and become dangerous.
What factors contribute to squatter settlements?
The high building standards of the legal houses, delayed response and procedural problems of the legal land provision system, and high housing rents in the city centre are the major factors identified by interviewees as reasons given for squatting.
What are the 3 biggest problems of informal settlements?
Informal settlements are characterized by a lack of basic services, pollution, overcrowding and poor waste management.
What state has the best squatter rights?
California has the easiest “squatter's rights” adverse possession law. Just occupy a California property for five years without the owner's permission, pay the property taxes, and you can acquire full ownership by then suing the legal owner in a quiet-title lawsuit. It's that easy.
Can squatters claim ownership?
A long-term squatter can become the registered owner of property or land they've occupied without the owner's permission. Get legal advice from a conveyancer or solicitor if you're a squatter in a property and want to claim ownership.
Is squatting legal in Texas?
Squatters in Texas have certain basic rights. The law gives them rights to the property even if they don't legally own it. As long as the squatter isn't served an eviction notice, they are legally allowed to live on the property and over time could gain legal ownership rights over the property.
What are the challenges of squatter settlements?
In terms of environmental challenges in the squatter settlements and slums, air and water pollution, lack of personal hygiene and poor environmental sanitation, and health, noise, and cultural pollution are among the most visible ones. Sprawling, litter, and polluted waterways are most prevalent in most urban slums.
What are the challenges of informal settlements?
Informal settlements are characterized by a lack of basic services, pollution, overcrowding and poor waste management. These characteristics impact negatively on the environment posing risk and susceptibility to health problems associated with informal settlements.
What are the causes and effects of squatter settlements?
Rapid urbanization, poverty and lack of access to land and ownership, in addition to limited or no social housing, have led citizens to build their homes illegally under very poor environmental and social conditions.
What are the consequences of squatter settlements?
The essay received full credit (3 points) in part C for discussing three consequences of the rapid growth of squatter settlements: lack of proper waste disposal, leading to water pollution (1 point); unhealthy living conditions (1 point); and visual pollution that detracts from the beauty of the city (1 point).
What is a squatter's right?
Squatter’s rights refer to the rights of a squatter, which is someone that is living on property that is not theirs. In some States, squatters have rights as tenants or claims to ownership of a property through “adverse possession.”
How long can a squatter be in possession of a property?
If the squatter has possessed the property and paid taxes then they may claim adverse possession after 3 years ( ARS § 12-523 ). Or if the squatter has uninterruptedly possessed the property for 10 years ( ARS § 12-526 ).
What does "use that is so apparent that it puts the true owner on notice of the adverse claim" mean?
“Means a use that is so apparent that it puts the true owner on notice of the adverse claim” 1. The usage of property must be out in the open for all neighbors and residents of the area to see. Furthermore, the claimant should use the property so that “the acts of the claimant’s entry onto and possession of the land should, regardless of the basis of occupancy, alert the true owner of his cause of action.” 2
How long does a squatter have to use a property to claim adverse possession?
Exclusive use and uninterrupted possession on the property for 15 years is sufficient evidence for the squatter to claim adverse possession ( § 600.5801 ).
How long can a squatter hold a title?
If the squatter held color of title and paid taxes on the property or on property contiguous to the property to which they are claiming adverse possession then they may claim adverse possession after 7 years (AR § 18-11-106).
How long does a squatter have to pay property taxes?
If the squatter has the color of title and possession for at least 7 years of uninterrupted possession of at least 10 years ( AS 09.45.052 ). If the squatter has paid property taxes for 10 years then it can be considered proof of adverse possession ( AS 09.10.030 ).
What is adverse possession?
Adverse possession is the act of obtaining ownership of a property after occupying it for a specified time period required by the State. It helps if the squatter has paid the property taxes and often can help them get ownership of the property faster.
How to prevent squatters from occupying your property?
The best way to prevent squatters from occupying your vacant property is by choosing the right tenants. Great tenants won’t just take care of the rental, but they will also pay their rent promptly and respect the property. In other words, they are less likely to become holdover tenants or squatters.
What happens if a landlord does not remove squatters from the property?
Depending on each state’s requirements, if the landlord or his/her property management company does not actively do anything to remove the squatters from the property, they may be awarded an adverse possession claim.
What is Squatting?
Squatting, otherwise known as adverse possession, is the act of purposely entering property or land which they do not have legal ownership. Also, the law requires that squatting be done without the permission of the legal property owner. Essentially, all squatters commit trespassing. However, what sets them apart from trespassers is that they intend to live in the property for an indefinite period.
How Should You Not Handle Squatters?
Whatever you do, do not break the law by taking matters into your own hands. Common examples of things that you should never do to force unwanted occupants out include:
How Should You Evict a Squatter?
While it may be tempting to allow the squatter to stay in your property in the hopes that they will pack up and leave eventually, you should always take action the moment that you notice the presence of unwanted guests.
Why is it important to differentiate a trespasser from a squatter?
It is important to differentiate a squatter from a trespasser because in most cases, landlords do not deal with trespassers. While both squatters and trespassers knowingly and willfully enter the premises without the property owner’s permission, the main difference is that squatters attempt to claim ownership over the property. In addition, “holdover” tenants who have stopped paying rent but have not moved out may be considered squatters.
What happens if a squatter refuses to vacate?
If the squatter refuses to vacate the property, you may file an unlawful detainer. An unlawful detainer seeks legal remedy from the court. The squatter is given the opportunity to state their claims — essentially to convince the courts that they have a right to be there. It is highly recommended to seek legal advice from your property manager and attorney. They can help you prepare the necessary paperwork.
What are squatter rights?
What are squatters’ rights? Squatters rights refers to laws which allow a squatter to use or inhabit another person’s property in the event that the lawful owner does not evict or take action against the squatter.
How many states have squatters rights?
Squatters rights, also known as “adverse possession” laws, exist in all 50 states. However, how these laws are enforced, and when they are enforced, differ greatly from state-to-state. The below states have a squatters law which requires the individual to have lived on the property in question for 20 years or more: Delaware.
What is a squatter?
A squatter is any individual who decides to inhabit a piece of land or a building in which they have no legal right to occupy. The squatter lives in the building or on the property they select without paying rent and without lawful documentation stating they own the property, are a law-abiding tenant, or that they have permission to use or access the area.
What to do if you have an illegal tenant?
After you have notified the authorities that there is an illegal tenant on your property, you’ll need to file an Unlawful Detainer action . The process of filing such an action can vary from state to state, so it’s important to speak with a lawyer or your local court office to ensure you understand all of the required steps.
What happens if a judge rules in your favor?
If the courts rule in your favor (which is most likely), the judge will order the police to escort the squatter from the premises. At this point, you will be allowed to change the locks to the property. 4.
Why are property owners apprehensive about leaving their buildings unoccupied?
Many residential and commercial property owners are now apprehensive about leaving their buildings unoccupied— concerned that onlookers may view their realty as a squatting opportunity.
How long do you have to live on a property to be considered a squatter?
The below states have a squatters law which requires the individual to have lived on the property in question for 19 years or less: Alabama (10 years) Alaska (10 years) Arizona (10 years) Arkansas (7 years)
What happened to the squatters in 1981?
In 1981, ACORN and Inner-City Organizing Network moved hundreds of people into vacant buildings in Philadelphia. The Squatter actions created such an upheaval that the Federal government got involved offering housing to the squatters in the 67 federally owned buildings if they agreed to leave. Between June 15 and August 2, 1985, ACORN supported homeless people to take over 25 city-owned buildings in the East New York neighborhood of Brooklyn. During the actions 11 people were arrested. The City responded by granting the former squatters 58 city owned buildings, money for technical and architectural aid, and $2.7 million in rehabilitation loans. In order to preserve democratic decision making and affordability to the buildings the squatters organized themselves into collective members of a Mutual Housing Association. In a mutual housing association, neighborhood residents form a collective, contributing some money and a lot of sweat equity to rehabilitate buildings for their own use in return for public support and limited ownership. The collective – in this case the Mutual Housing Association of New York – retains title to the land. If owners choose to sell, the association has the right to repurchase for a price reflecting only individual investment, not the market.
When was the eviction plan overturned?
In 1995 , a preliminary injunction was granted against the eviction plans, but this was overturned by state appellate. More recently, in 2002 the UHAB liaised with the city to legitimize the efforts of squatters in 11 buildings in the Lower East Side.
Why did Acorn start squatting?
In 1979, ACORN launched a squatting campaign to protest the mismanagement of the Urban Homesteading Program. The squatting effort housed 200 people in 13 cities between 1979 and 1982.
How many squats were there in the 1990s?
In the 1990s, there were between 500 and 1,000 squatters occupying 32 buildings on Manhattan's Lower East Side. The buildings had been abandoned as a result of speculation by owners or police raids as part of a crackdown on drug use. As the area became gentrified, the squats were evicted, Dos Blockos being one.
What is Operation Homestead?
In 1988, Operation Homestead (OH) in Seattle began occupying buildings and negotiating their sale to nonprofit low-income housing organizations. By 1993, it had successfully reclaimed 300 units. In May 1991 Operation Homestead occupied Arion Court, a vacant apartment building, to draw attention to number of vacant housing the City was letting deteriorate while there was a large need for affordable housing. As a result of the protest the building was renovated and turned into 37 low-income housing units. Arion Court became the first self-managed permanent housing project for previously homeless people in Washington state as the residents decide the rules and how to enforce them. In 1992 OH occupied the Pacific Hotel, prompting the house to be turned over to a nonprofit for low-income housing. It functioned as an emergency shelter until it was renovated and converted in 113 affordable housing units. OH also did occupations of The McKay Apartments and the Gatewood Hotel.
What was the purpose of the Homestead Act?
The Homestead Act of 1862 was signed by Abraham Lincoln on May 20, 1862, and was enacted to foster the reallocation of "unsettled" land in the West. The law applied to US citizens and prospective citizens that had never borne arms against the US government. It required a five-year commitment, during which time the land owner had to build a twelve-by-fourteen foot dwelling, and develop or work the 160-acre (0.65 km 2) plot of land allocated. After five years of positively contributing to the homestead, the applicant could file a request for the deed to the property, which entailed sending paperwork to the General Land Office in Washington, D.C. and, from there, "valid claims were granted patent free and clear".
What was the homestead principle?
The Homestead Acts legally recognized the concept of the homestead principle and distinguished it from squatting, since the law gave homesteaders a legal way to occupy "unclaimed" lands.
Why is it so difficult to live in a settlement where you don't own land?
Taitelbaum echoed the same concern, adding that in settlements where residents don’t own the land, the situation is even more complicated because some families who feel they’ve gained the right to the land they inhabit may refuse to leave, even if the government is promising them a better residence down the line.
What is the government priority in cases where land belonging to other parties has been invaded?
In cases where land belonging to other parties has been invaded, “those aren’t being considered yet,” he told The Tico Times last week, emphasizing that a major government priority is to prevent such settlements from occurring in the future.
Why did zoning laws start?
The earliest zoning laws in the United States were influenced by a demand for racial segregation. In the wake of the Fair Housing Act in 1968, which prohibited explicit racial discrimination, localities increasingly used purportedly non-racial zoning laws to keep non-whites out of white neighborhoods. Localities prohibited multi-family buildings, which were more likely to be occupied by racial minorities and recent immigrants.
What was the agitation for zoning?
Unsightly wires were among the targets of late nineteenth century agitation for zoning. Zoning in the United States includes various land use laws falling under the police power rights of state governments and local governments to exercise authority over privately owned real property. The earliest zoning laws originated with ...
Why is Houston a zoning exception?
Houston remains an exception within the United States because it never adopted a zoning ordinance. However, strong support existed for zoning in Houston among elements within municipal government and among the city's elites during the 1920s. In 1924, Mayor Oscar Holcombe, appointed the first funded City Planning Commission. City Council voted in favor of hiring S. Herbert Hare of Hare and Hare as a planning consultant. Following the passage of a state zoning enabling statute in 1927, Holcombe appointed Will Hogg to chair a new City Planning Commission. Will Hogg was a co-founder of the River Oaks development, the son of a former Texas Governor and an heir to family oil wealth. By 1929, both Hare and Hogg abandoned efforts to push the zoning ordinance to a referendum. In their estimation, there was not enough support for it. Hogg resigned as chair of the City Planning Commission that year.
How many cities had zoning ordinances by 1913?
There existed 22 cities with zoning ordinances by 1913.
What are the effects of strict zoning laws?
Strict zoning laws have been found to contribute to racial housing segregation in the United States, and zoning laws that prioritize single-family housing have raised concerns regarding housing availability, housing affordability and environmental harms.
How many industrial districts were there in Los Angeles?
The same 1908 ordinance established eight industrial districts. These were drawn mainly in areas which had already hosted significant industrial development, within corridors along the freight railroads and the Los Angeles River. However, between 1909 and 1915, Los Angeles City Council responded to some requests by business interests to create exceptions to industrial bans within the three 1908 Residential Districts. They did this through the legal device of districts within districts. While some might have been benign, such as motion picture districts, some others were polluting, such as poultry slaughterhouse districts. Despite the expanding list of exceptions, new ordinances in other cities (i.e., 1914 Oakland ordinance) followed the 1908 Los Angeles model through about 1917. There existed 22 cities with zoning ordinances by 1913.
When did zoning start?
The earliest zoning laws originated with the Los Angeles zoning ordinances of 1908 and the New York City Zoning resolution of 1916. Starting in the early 1920s, the United States Commerce Department drafted model zoning and planning ordinances in the 1920s to facilitate states in drafting enabling laws. Also in the early 1920s, a lawsuit challenged ...
Why are squatters important?
Squatter settlements or informal settlements have been a very important part of many cities in the Global South. Shifting government and international agency attitudes toward them since the 1960s have reflected a growing recognition of the capacity of the urban poor to adapt and sometimes to thrive in very difficult circumstances. As the world’s urban population grows , there will be increasing pressure on both land and housing. The shift toward market mechanisms for both land and housing delivery has been beneficial in some cases, but without forms of support and protection, millions of poor households will be excluded and left to fend for themselves in the diminishing number of available spaces in the world’s cities.
What are informal settlements?
Informal settlements, as prevalent neighbourhood types in rapidly transforming cities, possess high-density and heterogeneous morphological patterns. They provide affordable housing and employment opportunities for low-income populations while also supporting cities' operation and development.
What percentage of the population lives in informal settlements in Ahmedabad?
In Ahmedabad, about 40% of the population resides in informal settlements. A substantial number of the urban poor reside in these locations. The two dominant types of informal settlements are slums that have developed out of the illegal occupation of the marginal areas of the city by migrants and squatters, and chawls, which are residential units originally built for workers in the mills and factories. Most slum dwellers tend to settle along the waterways in the city, like Sabarmati River, on vacant land or in low-lying areas ( Bhatt, 2003 ).
What are the challenges of WSUD?
The (re)development and upgrading of informal settlement areas in a water-sensitive manner pose several challenges, such as limited budgets, increasing population, and a National Housing Policy advocating for only basic water supply and sanitation services for these areas. WSUD should no longer be the domain of the upper socioeconomic class as it is equally important to the poor communities in need of quantity and quality water. WSUD not only entails far more than retrofit of urban systems to be more water sensitive but also includes a social dimension to environmentally educate communities. As such, informal settlement development should attempt to “leapfrog” the stages through which the formal settlement areas have developed, thereby avoiding the need to retrofit these areas at some time in the future. Using water-sensitive technologies should also result in a range of secondary benefits for these communities, helping to address some of the misperceptions of authorities regarding the social advantages of WSUD. WSUD approaches should form part of national priorities, recognizing that advocating WSUD principles in policies will be confronted by challenges of density, scale of demand, and political sensitivities concerning the perceived quality of the engineering options it represents. The focus of providing WSUD in South Africa should be framed as a social component and justified in terms of equity and provision of services to all people ( Fisher-Jeffes et al., 2012 ).
How does remote sensing help in slums?
The application of remote sensing technique provides ways to map slums/informal settlements through using satellite imagery ( Kohli et al., 2012) ( Fig. 8 ). Remote sensing technology provides spatially rich data with high spatiotemporal consistency for monitoring the slum/informal settlements and effective intervention by local authorities. A substantial literature has emerged that covers topics related to application of remote sensing and image processing for characterizing informal settlements and estimates population distribution patterns ( Aminipouri et al., 2009; Kohli et al., 2012; Owen and Wong, 2013; Sietchiping, 2004 ), assessing the socioeconomic status by area ( Niebergall et al., 2007) and object-oriented classification of informal settlements within urban area ( Niebergall et al., 2008) and extraction of informal enclaves within the concentration of large settlements ( Hofmann et al., 2008; Mayunga et al., 2010 ). Informal settlement classification takes advantage of object-based image analysis (OBIA) methods for examining dwelling patterns and to estimate based on shape, size, and spacing ( Blaschke and Lang, 2006; Hay and Castilla, 2006; Hurskainen and Pellikka, 2004 ). Indicators to measure informal settlements encompass vegetation, road type, materials, accessibility, terrain geomorphology, texture, spacing of housing structures, proximity to hazards, consistency of housing orientation, proximity to city center and social services, dwelling size, dwelling set back, building density, and roofing materials ( Kohli et al., 2012 ). Research by Angeles et al., 2009, used VHR satellite imagery to extract concentration of urban poverty. Jain, 2007, demonstrated that remote sensing application could explain the patterns of informal development over time.
What is Figure 19.6?
Figure 19.6. Informal Settlement and available service facilities for forced migrants. (a) Informal settlements in urban agricultural land and along the highways in Khulna. (b) Informal settlements in urban fringe and low-lying areas in Khulna. (c) Sanitation facilities for urban poor and the migrant residents in fringe and urban areas.
What is the clash of rationalities in dealing with informal settlements in the global South?
Our study illustrates a clash of rationalities in dealing with informal settlements in the global South: the neoliberal visioning of a modern, globally competitive, and orderly city, and the right of city authorities and the private sector to “upgrade” the city and the rights of ordinary citizens for access to services, housing, space, and a decent life. Both positions offer promises of a better future but cannot guarantee that experience will be improved for all, particularly the poor. Neither approach provides much clarity about the social and spatial outcomes and the effects of (re)making place on broader political, economic, and social processes of the city.
