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322 sats \ 7 replies \ @siggy47 26 Mar \ on: Squatters Rights? libertarian
In the New York area, the New York Post has been giving these cases a lot of publicity. I honestly think the reality has been distorted for political gain, but it is a crazy issue. A realistic scenario is the following:
A squatter offers rooms in the house for rent, claiming to be the owner. Then he enters into a signed lease with an innocent tenant. I have seen cases like this. It becomes complicated and involves a legal concepts like attornment and privity of contract.
How are squatters not guilty of trespassing or breaking and entering? Contract fraud for a fake lease?
Where is the attorney general? Apparently civil cases are the main focus today
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How are squatters not guilty of trespassing or breaking and entering?
I know it's crazy. But in many countries they will charge the owner for trespassing or breaking and entering if they break into their own home whilst the squatters are out and changing the locks! It's fucked up, that's for sure.
In Spain the squatters usually make sure someone is at the house at all times to prevent this happening, so you have no chance.
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They are guilty, but they don't have any assets to cover the damages they've caused the owners.
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It's easy to imagine how lots of different types of odd scenarios could arise, but if people stop feeling secure in their homes, they'll stop paying for them.
If someone steals your car and then sells it, the police still return it to you if they find it. This would be like allowing the car to stay with the person who bought it from the thief.
Even if this isn't a widespread problem (yet?), it's another straw on the camel's back. The camel being our civil society.
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I agree. I remember there was an old expression that wasn't close to being accurate, but is sometimes relevant:
Possession is 9/10s of the law. I have had a few instances over the years where a landlord would let a tenant rent a place in a bad neighborhood for close to nothing. The signed lease protected the landlord and the tenant ensured that squatters didn't destroy the place. Obviously this is unusual, and involves a large degree of trust.
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In situations where the owner gets arrested for "wrongful eviction", despite the squatter having no evidence of being a tenant, how are the police justifying having probable cause to make that arrest?
Do they not have to or is simply being in possession of the property enough evidence of tenancy?