Abram and Yudith Mendez captured video of a squatter breaking into their new San Antonio home through a window, claiming rights to the property while an accomplice stood outside. The couple had hired the man to do tile work on their fixer-upper home and had drawn up a contract allowing him to stay short-term, but now he refused to leave.
The squatter, caught on camera straddling the window, had signed a contract agreeing to complete the work and vacate the home. However, he had torn apart the front room and barricaded the entrance while refusing to leave, despite the agreement. The couple had been dealing with his presence for about a month, and he claimed squatters’ rights, although he had not met the requirements for adverse possession to gain ownership of the property without the owner’s permission.
Attorneys in Texas explained that in order to claim adverse possession in the state, the occupant must meet certain criteria such as having color of title for at least three consecutive years, a recorded deed in their name while paying property taxes and cultivating the land for at least five years, or improving the land for 10 consecutive years. Despite squatter-like behaviors, the man in the Mendez’s home could not claim adverse possession.
The Mendez family planned to move forward with eviction proceedings against the squatter, with the intention of removing him from the property. An attorney in San Antonio clarified that adverse possession is meant to reward those who take care of the property and put it to good use, not to reinforce bad behavior. Squatters’ rights have been a contentious issue in various states, including Florida where a new law aimed to end squatters’ rights.
In New York State, squatters can claim a legal right to remain on a property without the owner’s permission after 10 years of living there. However, in New York City, a person only needs to be on the property for 30 days to claim squatter’s rights, highlighting the variance in laws regarding squatters’ rights across different regions. The Mendez’s situation with the squatter in their home was a stark example of the challenges faced by homeowners dealing with individuals with claims to their property without proper legal backing.
