Philadelphia, PA asked in Real Estate Law for California

Q: What is the origin of the squatting law in California?

It says squatters can eventually own your house after 5 years of being on the same property and you have to file eviction notices for any squatters? Was this law made to protect “squatters”? Or were people labeled squatters by the population and got injustices against them?

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James L. Arrasmith
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A: The origin of California's squatting law dates back to the Gold Rush era in the 19th century when land disputes were common. It was not specifically designed to protect squatters, but rather to provide a legal framework for resolving land ownership disputes and to prevent unjust evictions. Under adverse possession laws, squatters may eventually gain legal ownership of a property if they openly and continuously occupy it for five years, pay property taxes, and meet other specific criteria. This law aims to balance the rights of property owners with the principle that unused land should not go to waste.

The term "squatters" often carries a negative connotation, but it's important to note that adverse possession laws were established to prevent landowners from taking advantage of vacant or abandoned properties and to encourage productive use of land. While it may seem to protect squatters, it serves the broader purpose of ensuring fairness in property disputes. If you need assistance or have questions regarding squatting or property rights in California, consulting with a legal professional is advisable.

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