Rights of the homeowner Vs rights of the squatter

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Mark_KK
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#1
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Sorry if this has been discussed already!

I am sure that some people on here would have seen the press coverage surrounding the old lady who left her back door unlocked only to have squatters move in and claim "squatters rights". Despite needing to sell her house urgently to raise cash there was little the police could do to remove them. The squatters eventually left seemingly after much pressure was exercised by various people.

On this occasion things seemed to have worked out ok however it seems that ANYONE who leaves a door unlocked could have squatters move in and be forced with heafty legal bills to remove them.

Sometimes I leave my back door unlocked as I live next door to family and they often pop in and out of my house. It is frightening to think what would happen if some squatters exploited this in order to live in my house. I would probably get a friend to smash a window then call the police and tell them the squatters did it to gain access.

Surely this is a legal loophole that needs closing? If a person enters into a private home, is asked to leave and refuses that should be enough for police intervention.

Anyone have any thoughts on this or personal experience?
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ThornsnRoses
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squatters rule!! I used to go out with one


anyway what about rights?
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Mark_KK
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(Original post by ThornsnRoses)
squatters rule!! I used to go out with one


anyway what about rights?
Squatters exercise "squatters rights" to live in peoples houses when they find an open door. Should this be allowed?
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Sam2k
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In the US it is called tresspassin and or breaking and entering. There is no such thing as squatter's rights anymore. That won't happen in Arkansas because everyone has a shotgun.
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Mark_KK
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(Original post by moncal)
In the US it is called tresspassin and or breaking and entering. There is no such thing as squatter's rights anymore. That won't happen in Arkansas because everyone has a shotgun.
It wouldn't happen in Hull where I live either because the squatters would get beaten up.

It happened in some leafy suburb down south somewhere where everyone is too afraid to do anything for fear of offending someone.
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Sam2k
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How can you get away with moving into someone's house against their will unless they aren't living in it?
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Bhaal85
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(Original post by Mark_KK)
It wouldn't happen in Hull where I live either because the squatters would get beaten up.

It happened in some leafy suburb down south somewhere where everyone is too afraid to do anything for fear of offending someone.
Wow, must make a note of this in case I ever find myself homeless. No, this notion is entirely ill contrived ****, 'squatters rights'? WTF? Isn'i classed as tresspassing, so are you telling me a burgler could just break into a house and claim squatters rights? You avin a laf.
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Mark_KK
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(Original post by moncal)
How can you get away with moving into someone's house against their will unless they aren't living in it?
Basically squatters rights can only be invoked in a situation where a door or window has been left open or unlocked.

If you kick down a door then set up that is classed as breaking in thus you cannot invoke squatters rights.

The law was originally supposed to allow less fortunate people to gain shelter from the elements in disused buildings I think but has been exploited.
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NDGAARONDI
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I thought squatting was making use of houses and land by people who do not have any rights over them which is not being used but nevertheless owned?
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Bhaal85
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Commonly known as "squatters' rights", a loophole in the 1980 Limitations Act means that anyone occupying a property unchallenged for 12 years may acquire legal ownership.

Ahh! So much more clearer now.
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Bhaal85
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(Original post by Bhaal85)
Commonly known as "squatters' rights", a loophole in the 1980 Limitations Act means that anyone occupying a property unchallenged for 12 years may acquire legal ownership.

Ahh! So much more clearer now.
There should have been a clause in which they may not sell the property for personal gain. It's ludicrous, what the hell were the lawyers smoking when they came up with such a law?
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NDGAARONDI
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(Original post by Bhaal85)
Commonly known as "squatters' rights", a loophole in the 1980 Limitations Act means that anyone occupying a property unchallenged for 12 years may acquire legal ownership.

Ahh! So much more clearer now.
So the idea is to make use of resources and not waste things? If so I would like it on that note.
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LH
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(Original post by Mark_KK)
It wouldn't happen in Hull where I live either because the squatters would get beaten up.

It happened in some leafy suburb down south somewhere where everyone is too afraid to do anything for fear of offending someone.
You don't even have to beat anyone up, just a few threats and sharps pieces of metal does the trick.
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LH
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(Original post by Bhaal85)
Wow, must make a note of this in case I ever find myself homeless. No, this notion is entirely ill contrived ****, 'squatters rights'? WTF? Isn'i classed as tresspassing, so are you telling me a burgler could just break into a house and claim squatters rights? You avin a laf.
It's a legal loop-hole - no one is allowed to force access into a property even i it is their own.

It was originally a law to stop landlords kicking tenants out.
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LH
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(Original post by NDGAARONDI)
So the idea is to make use of resources and not waste things? If so I would like it on that note.
It's a loophole, not a law.

It's a ridiculous situation.
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Muse
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(Original post by moncal)
How can you get away with moving into someone's house against their will unless they aren't living in it?
you can't. if i left the backdoor open of my own house and someone 'moved in', i would be well within the law to call the police and have them arrested (providing that it's the house where i live, and not a 'secondary' house).

otherwise there'd be a rather interesting co-occupation of me and a bunch of squatters!
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Mark_KK
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(Original post by timeofyourlife)
you can't. if i left the backdoor open of my own house and someone 'moved in', i would be well within the law to call the police and have them arrested (providing that it's the house where i live, and not a 'secondary' house).

otherwise there'd be a rather interesting co-occupation of me and a bunch of squatters!
But this is exactly what happened!!!


They moved in and claimed "squatters rights".
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Muse
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(Original post by Mark_KK)
But this is exactly what happened!!!


They moved in and claimed "squatters rights".
well that's disgusting. if i was the homeowner, i'd probably smash the pane on the back-door and ring the police claiming that they were breaking and entering. trespassing is much easier for the police to handle. if this was not the case someone could break into your house every day and claim to be squatting!

it's funny how squatting is unlawful, but not illegal. it's about time they closed the loop hole and made it a criminal offence. bloody freeloaders.
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_Alan
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to be honest if someone been in your house 12 years and you dont notice you deserve to lose the house.

however i dont think someone should be able to just go in and take your house if you forget to lock a door
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Spider
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I suppose you could always do what they do around here. Send them a message, courtesy of about ten guys with bicycle chains and baseball bats.
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