Q: When referring to squatters, does the term “exclusive” refer to one person or a family as well?
For a squatter to possess property, it is required that they fulfill the requirements: Hostile, Actual, Open & Notorious, Exclusive, Continuous
The exclusive part is vague as it does not determine whether it is for exclusively one person or one party. Does this mean one family exclusively could take ownership of a property or does it have to be one person specifically?
A: "Exclusive" in this context means exclusive of the owner's and other third parties' (unrelated to the squatter) possession or occupation, without permission of the owner (the owner is not in possession, and has not permitted or agreed to the presence of the squatters). The time needed to raise the legal claim of ownership in the squatter is the same as adverse possession--20 years; in fact, there is no separate law governing squatters other than adverse possession when it comes to claiming ownership, and ownership does not simply happen upon mere passage of the required time and meeting all the other requirements. It must be litigated and the claim established in court, with the burden of proof to both produce evidence establishing all the facts that meet the elements of the claim, but also the burden to pursuade the judge that those facts are true and the legally titled owner has failed to counter those elements during the 20 year passage of time. Legal ownership based on such a claim will not be recognized until a court of law issues a judgment to that effect. Until then, the squatter or adverse claimant has no legal rights to the property, and may be summarily ejected through a wrongful detainer action.
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