CHAT A Possible Way to Be Proactive in Protecting Our Property from Squatters?

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Barry Natchitoches

Has No Life - Lives on TB
I have been struggling to get a firm understanding about (logistically speaking) how squatters can wrestle legal protections away from legal homeowners and into their own, thieving hands.

My reason for trying to get a firm handle on how they are doing this is to, ultimately, figure out how to protect my own home from illegal squatters.

After all, I live in Memphis, where thievery and violence are part of everyday life.

First of all, I am NOT a lawyer, nor a LEO, nor a real estate professional.

I am just a US citizen, and an honest, bona fide property owner.


But I got to thinking: right now, you can file Power of Attorney documents with your county, if you so choose, so that they will be on the record in the future, if future situations might find that useful. Ifound that out when - because of my wife’s cancer - we decided to file such legal papers now, while she is still alive and in full control of her faculties.

What about if you hired a lawyer to draw up formal papers saying that you are the legal owner of the resident identified in the document, and that you have NO PLANS to lease any portion of that land, and will not do so without formally voiding this legal document.

And then file the formal declaration of current property ownership and refusal to authorize any kind of renting of all or part of the asaid property with the county court ahead of time.

The person can carry notarized copies of this document in each car, as well as multiple places in and outside of the home.

Then if any squatter did try to move in and the legal homeowner called the cops for help, they could show the cops the legal papers thatdocument that they are the legal owners and have it on record with the county court’s office that they areNOT going to tent out any part of their property without notifying the courts first.

All the cops would have to do then would be to contact the county clerk’s office to find out if the document was still legally valid.

Once the cops verify the legal standing of the declaration of ownership, they should (I would think) have the legal basis to move the sqautters out.

Does this idea sound like one that might work, if we could get local courts to file the documents the way that they currently do other legal documents?


if you think this is an assanine idea, please be honest and say so (and give your reasoning) - but be gentle and constructive as you do it…
 
Meemur

Meemur

Voice on the Prairie / FJB!
Barry, phone or go in person and ask a supervisor at the county clerk's office. I suspect their answer will be "No, you can't file a statement like that with us," but check with them! Also check with the court. I suspect their answer will be the same.

My understanding: squatters are basically cowards. They will move in when you are not there for a prolonged period. The safest way to keep them out is to make sure someone is staying at or checking on your house daily, especially if you are at the hospital with your wife for days on end. Have that person move the curtains around, cut the yard, and otherwise make the house look "lived in."

If / when I go on vacation, I will have a trusted, well-armed cat sitter guarding my place. I will also not be gone long, nor will I tell anyone online until I have returned.
 
CapeCMom

CapeCMom

Veteran Member
After my Mother went into Memory care and we put her house on the market I was worried about squatters.I Left her Car in the driveway and put various lights in the house on different timers to make it look,Ike someone was still living there. The neighbors also had an eye out for us
 
alpha

alpha

Veteran Member
sxpra
 
W

WalknTrot

Veteran Member
At my parent's place - when it was empty for a couple months - I was there every day working to get it ready to sell, but still left two BIG dog bowls and a pair of BIG muddy work boots out on the porch by the front door. Did the light timer and radio timer thing too.
 
kyrsyan

kyrsyan

Has No Life - Lives on TB
A house near a friend is vacant. The bank pays the next door neighbor to mow the lawn. And doesn't have any issues if he and his friends park their cars there. He normally parks his lawn equipment trailer and truck between the two houses.

And while my state doesn't really have squatters rights in the way people think, they still require that owners go through an eviction process if someone is found living in a home. I don't get that. It's called B&E and that's what I'd be calling the cops for.
 
O

OldArcher

Has No Life - Lives on TB
Barry Natchitoches said:
I have been struggling to get a firm understanding about (logistically speaking) how squatters can wrestle legal protections away from legal homeowners and into their own, thieving hands.

My reason for trying to get a firm handle on how they are doing this is to, ultimately, figure out how to protect my own home from illegal squatters.

After all, I live in Memphis, where thievery and violence are part of everyday life.

First of all, I am NOT a lawyer, nor a LEO, nor a real estate professional.

I am just a US citizen, and an honest, bona fide property owner.


But I got to thinking: right now, you can file Power of Attorney documents with your county, if you so choose, so that they will be on the record in the future, if future situations might find that useful. Ifound that out when - because of my wife’s cancer - we decided to file such legal papers now, while she is still alive and in full control of her faculties.

What about if you hired a lawyer to draw up formal papers saying that you are the legal owner of the resident identified in the document, and that you have NO PLANS to lease any portion of that land, and will not do so without formally voiding this legal document.

And then file the formal declaration of current property ownership and refusal to authorize any kind of renting of all or part of the asaid property with the county court ahead of time.

The person can carry notarized copies of this document in each car, as well as multiple places in and outside of the home.

Then if any squatter did try to move in and the legal homeowner called the cops for help, they could show the cops the legal papers thatdocument that they are the legal owners and have it on record with the county court’s office that they areNOT going to tent out any part of their property without notifying the courts first.

All the cops would have to do then would be to contact the county clerk’s office to find out if the document was still legally valid.

Once the cops verify the legal standing of the declaration of ownership, they should (I would think) have the legal basis to move the sqautters out.

Does this idea sound like one that might work, if we could get local courts to file the documents the way that they currently do other legal documents?


if you think this is an assanine idea, please be honest and say so (and give your reasoning) - but be gentle and constructive as you do it…
Click to expand...
Never leave house unattended. Someone must always be there, and armed. Must be resolute. If they threaten, bury them.

OA
 
Macgyver

Macgyver

Has No Life - Lives on TB
Probably the easiest and quickest would be to have cameras outside with cloud/off-site storage that you can pull the video up instantly to show to the police someone breaking in.

And the call to the police is "someone just broke into my house and I'm in danger" also include they appear to be armed.

That will get you a big response vrs one guy just driving by and glancing at it.
 
Meemur

Meemur

Voice on the Prairie / FJB!
If I were preparing a house to sell, no! Even responsible renters can have accidents. In this climate, I would hire more help, and get the house on the market ASAP.
 
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Publius

TB Fanatic
Most of the time the squatters have only been there day to two weeks before found occupying a home that legally belongs to someone else. So adverse possession can not take place as they have not been there long enough for that to be legal for them to take over the real estate and claim it as theirs.
 
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RightWinger

Contributing Member
One of the ways they use to determine if someone lives there is to put a For Rent sign in your front yard. If it stays there, they know the owners aren't home and chances are the neighbors will only think they are renters when they move in. Sometimes they will put a cone in your driveway for a few days for the same reason. If you plan on being gone for a while, have your trusted neighbor watch out for you and have them dispose the signs and cones.
 
Meemur

Meemur

Voice on the Prairie / FJB!
RightWinger said:
One of the ways they use to determine if someone lives there is to put a For Rent sign in your front yard. If it stays there, they know the owners aren't home and chances are the neighbors will only think they are renters when they move in. Sometimes they will put a cone in your driveway for a few days for the same reason. If you plan on being gone for a while, have your trusted neighbor watch out for you and have them dispose the signs and cones.
Click to expand...

To add to this fine list: they will also come up to the house and look in mailboxes. An over-flowing box is another sign of an unattended home. They will also knock on the door, often at different times over the course of a day, depending on what else they see.

I call that "casing behavior," and I let neighbors know if there are strangers in cars I don't recognize, hanging around. I work at home part of the week and my office faces the street, so I've got a clear view of the traffic.
 
Bubble Head

Bubble Head

Has No Life - Lives on TB
Griz3752 said:
Oh I like that!

Got a link?
Click to expand...
Lee bullet molds at Midway. They also have 00 Buck molds. Eighteen pellets per cast. You have to buy the bigger handles. Or if you are feeling like using something lighter just consider packing a 12 ga she’ll with cayenne pepper.
You can always do predator control with a campsafe trip alarm. Works on four legs as well as two legs. Buy them on Amazon and use you imagination. Considered non lethal so you can use them in Commifornia.
 
kyrsyan

kyrsyan

Has No Life - Lives on TB
Okay, I have to ask. Have people somehow forgotten all the basic protections steps to take when you are not going to be home for a while?

I learned when growing up, always have different lights, radios, TV on timers to go on/off at different times. Always both stop your mail and have a friend come by to check it at least every other day (because a stop doesn't ways happen). Have same or another friend bring garbage cans to curb each week, with a bag or two of their garbage if need be. And come and put the cans away the next day.

I have family members who travel. They make great use of IOT to do those things now. Their neighbors watch their house and frequently use their driveway. A different neighbor is paid to mow their yard whenever they are traveling.

While I rarely travel and don't have their setup, I know how to do it with relatively little problem. Most of the time, it's rare and not for long, so a friend will come stay or check in frequently. Heck, nowadays you can get wifi connected light switches for your overhead lights, which used to be one of the giveaways to thieves. With that you could probably also control ceiling fans.

The only thing that I would hesitate on is a timer on a TV. It's not like the old days where you could expect a channel to be active with different TV shows from X time to X time. But I wouldn't be surprised if someone could figure that out.

Another friend's husband wired their house with cameras. When they were temporarily deployed to another state, I would drive by every few days. And he would use the cameras and other controls to keep things changing up.

Or was I just raised weird?
 
Toosh

Toosh

Veteran Member
Barry, in my opinion, that's not going to produce the results you are looking for. These people are not law abiding citizens. LEOs are not in a position to interpret paperwork. It will take time to work thru government bureaucracy and if you get a squatter time is not your friend.

If it were me:
First, I would get an education about the laws in the state. For instance: in KY, we have a castle doctrine. Which gives the homeowner the right to use deadly force to protect property from invasion. A squatter is an invader. A home owner does not have to be at home so long as you have a No Trespassing sign visible. Booby traps are discouraged but permissible. Whatever your state allows, beef up security to the max.

Next, speak to a sheriff to ask his opinions and find what he would do. Notice I said sheriff and not police. Your sheriff is elected and will be more interested in supporting you. Police - there are a lot of good ones but they do not answer to you.

Lights and TV on timers inside and a well lit exterior is your best friend so that passerby-ers believe someone is home.

When leaving on vacation: Stop mail, arrange to have the lawn cared for. Park a car in the driveway. Motion sensor security cameras that send notice to your phone will give you a head's up on what happens at your property when you're not there. Also, don't make it pleasant for a squatter to stay: Secure booze, weed and other merriment toys. Disable your TVs. Shut off your hot water heater, etc.
 
Griz3752

Griz3752

Retired, practising Curmudgeon
Bubble Head said:
Lee bullet molds at Midway. They also have 00 Buck molds. Eighteen pellets per cast. You have to buy the bigger handles. Or if you are feeling like using something lighter just consider packing a 12 ga shell with cayenne pepper.
You can always do predator control with a campsafe trip alarm. Works on four legs as well as two legs. Buy them on Amazon and use you imagination. Considered non lethal so you can use them in Commifornia.
Click to expand...
Thanks - I though it might be Lee.

Not worried about what might or might not be legal in Marxist CA; we wouldn't move there for a n y reason.
 
Great Northwet

Great Northwet

Veteran Member
I watched a news story the other day about this, and I'll never find the link.

If you buy a "NO TRESPASSING" sign and put it on your front door, then take a picture of it with your phone, it will be date stamped. Anyone entering the home is not squatting, it's Breaking & Entering. That's how to get around the squatters bs claims.
 
Z

zeker

Has No Life - Lives on TB
Macgyver said:
Probably the easiest and quickest would be to have cameras outside with cloud/off-site storage that you can pull the video up instantly to show to the police someone breaking in.

And the call to the police is "someone just broke into my house and I'm in danger" also include they appear to be armed.

That will get you a big response vrs one guy just driving by and glancing at it.
Click to expand...
bro died dec 12/23

he lived 300 miles south of me

and his daughter was POA/executor.

1800 miles away.

the house was vacant for 2 months b4 it sold.

he had a friend who came every 2 days to check stuff over.

she was the one who found him, when I couldnt get answer to phone or emails.

his truck was in the driveway.

in such a poor neighbourhood, I was worried about squatters

he was well known for feeding homeless. :bhd:

all ended up well, as it is now sold

but completion date is june.

daughter will go 1 last time to clear out whats left.

I paid a car hauler to bring his truck up here.

ps.

pay attention to email patterns.

I always had a cpl emails from bro every morning.

one morning there was none.

no response to following emails or phone.
 
Z

zeker

Has No Life - Lives on TB
Toosh said:
Barry, in my opinion, that's not going to produce the results you are looking for. These people are not law abiding citizens. LEOs are not in a position to interpret paperwork. It will take time to work thru government bureaucracy and if you get a squatter time is not your friend.

If it were me:
First, I would get an education about the laws in the state. For instance: in KY, we have a castle doctrine. Which gives the homeowner the right to use deadly force to protect property from invasion. A squatter is an invader. A home owner does not have to be at home so long as you have a No Trespassing sign visible. Booby traps are discouraged but permissible. Whatever your state allows, beef up security to the max.

Next, speak to a sheriff to ask his opinions and find what he would do. Notice I said sheriff and not police. Your sheriff is elected and will be more interested in supporting you. Police - there are a lot of good ones but they do not answer to you.

Lights and TV on timers inside and a well lit exterior is your best friend so that passerby-ers believe someone is home.

When leaving on vacation: Stop mail, arrange to have the lawn cared for. Park a car in the driveway. Motion sensor security cameras that send notice to your phone will give you a head's up on what happens at your property when you're not there. Also, don't make it pleasant for a squatter to stay: Secure booze, weed and other merriment toys. Disable your TVs. Shut off your hot water heater, etc.
Click to expand...
I called local police to ask about a drive by

I was promptly told

"we have over 1000 officers. we will not be doing any drive bys"

I tried to explin that I didnt want them to go up to the door and inspecct.

merely, just be aware if they see anybody on their regular patrols.

they have reg patrols cuz it was a bad neighbourhood.

flat denial.
 
Night Owl

Night Owl

Veteran Member
My only advice would be to spend the money to get ADT or another local security company with inside motion detectors, magnet clips and video cameras, security signs on the outside of house. The small package comes with 3 magnet relays that you can put on windows or doors which you think are the most vulnerable for breaking in through. Alarm goes off and police are called to get intruder that broke in. And get the cellular relay instead of the wired relay because thieves can cut off your power. You’ll have peace of mine. You pay now or you pay later.

The door camera isn’t going to do you any good cause no one breaks into house through a front door. There is a company called Blink with home surveillance videos, but they don’t call the police. A friend watched her Amazon Christmas presents stollen at her front door Through that door bell camera. They hollered at the guy stealing their packages, but he just walked away With the packages.

If you have an empty residence for any length of time it’s worth the monthly cost for peace of mind. If a squatter/thief comes into your home without a security system, think about the damage they can do to your home within hours if they know they are going to be removed. And two, if you are out of the state because you are a snowbird or summer weekend warrior and a friend calls you there is a squatter/thief in your home, you have to prove to the police you are the owner with ID and some proof or ownership, meaning you have to go to the residence from your other location. Just those two things are plenty reason for me to have security systems on vacation home.

FYI: (I pay $48/month for 5 cameras, magnet clips & 2 motion detectors on a home that I had to buy my own equipment from the security company because it is rural. And $49/month for renting equipment from ADT, but that cost depends on how many clips, and videos they do).

PS: The video cameras on Amazon are cheap, but get an electrician to install them is ridiculously expensive. and squatter/thief can still do damage and you still have to physically go to home prove to police you are owner when you get to home.
 
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Illini Warrior

Illini Warrior

Illini Warrior
Old Gray Mare said:
Can't you rent the place out on a month by month? Give someone incentive to watch the property, not let in squatters and get some income? Of course that opens a whole new can of worms.
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that's the worst thing >>> the old "first month and security deposit" deadbeat renter gambit - two years later - $1,000s in legal fees - destroyed room/house - you'll have him/her out the door ....
 
Illini Warrior

Illini Warrior

Illini Warrior
Bubble Head said:
Lee bullet molds at Midway. They also have 00 Buck molds. Eighteen pellets per cast. You have to buy the bigger handles. Or if you are feeling like using something lighter just consider packing a 12 ga she’ll with cayenne pepper.
You can always do predator control with a campsafe trip alarm. Works on four legs as well as two legs. Buy them on Amazon and use you imagination. Considered non lethal so you can use them in Commifornia.
Click to expand...

the "old Granny Clampett rock salt and bacon rind" will get you killed everytime - absolutely no law against returning lead after being shot at by Granny >>> DON'T BE A GRANNY
 
CaryC

CaryC

Has No Life - Lives on TB
Great Northwet said:
I watched a news story the other day about this, and I'll never find the link.

If you buy a "NO TRESPASSING" sign and put it on your front door, then take a picture of it with your phone, it will be date stamped. Anyone entering the home is not squatting, it's Breaking & Entering. That's how to get around the squatters bs claims.
Click to expand...
And of note @Barry Natchitoches you're asking a community of people who live all over the country, where laws etc. are all different.

Note @Great Northwet 's reply.

In the state of MS ALL private property is posted land/property. Anyone wanting on the property, except for driveways which are open to the house, must have consent, or it's trespassing. Including the police if you have a gate across your driveway.

And in most parts of the country squatters "rights" apply to when a person has been living there illegally for years, not days.

But being specific to TN, and I suggest research Memphis, here is a snippet from a much larger explanation, all in plain english:

What rights do squatters have in Tennessee?​

In Tennessee, there are no legitimate “squatters rights,” though there is an adverse possession law that claims that you have the right to remain on a piece of land or property in which you have lived without conflict for several years. There must also be a show that the resident desires to better the quality of the property by completing some sort of beautifying process, whether it be landscape work or internal renovations.

www.mytennesseehomesolution.com

Squatters Rights in Tennessee - My Tennessee Home Solution

Squatters have rights over their property despite not owning a lease or paying rent of any sort due to certain squatters' rights throughout the country, and specific rights within each state.
www.mytennesseehomesolution.com www.mytennesseehomesolution.com
 
P

Profit of Doom

Dismember
Bubble Head said:
I just purchased a new 12 ga slug mold that has a split so the slugs opens up on impact. Just a thought.
Click to expand...
Interesting, but not sure it’s worth the trouble. If you have the tools to load slugs, take a factory slug out and cut a dumdumcross in it. Just about any 12ga load will be lethal at personal distance. In some jurisdictions a tricked up load might be construed as mayhem or whatever the term might be. Consider the advice about personal defense handgun ammo, use what the cops use. 00 buck, maybe flitecontrol, (I wanted to minimize errant pellets). Just a thought.
 
Bubble Head

Bubble Head

Has No Life - Lives on TB
Profit of Doom said:
Interesting, but not sure it’s worth the trouble. If you have the tools to load slugs, take a factory slug out and cut a dumdumcross in it. Just about any 12ga load will be lethal at personal distance. In some jurisdictions a tricked up load might be construed as mayhem or whatever the term might be. Consider the advice about personal defense handgun ammo, use what the cops use. 00 buck, maybe flitecontrol, (I wanted to minimize errant pellets). Just a thought.
Click to expand...
Tricked slugs before. I am looking at the time we can’t get what we want and have to make do. Invest in precious metals like gold, silver, lead. For reference the slot on the slug was put in by Lee molds for expansion in a rifled barrel 12 ga. Better accuracy but also better expansion on impact. Used for hunting. Will blow door locks away and gain entrance to your property to fix the door.
 
Southside

Southside

Has No Life - Lives on TB
Police in my municipality know me and my family. That, alone keeps the squatter problem to a minimum.
Everywhere I have ever lived I have made sure that we "get acquainted".
 
P

parsonswife

Veteran Member
In my AO if you have a houseguest for longer than 2 weeks then they can claim of being to being a roommate (with our with a renters agreement or and money exchanged). and the police won't remove them.

We have had many people stay with us from church ministry but are very careful about them. Only 1 problem person but praying for them in tongues every time they entered the house or room got rid of them quickly LOL
 
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