Q: Can a new property owner trespass the homeless encampment on their newly bought property with a notice that is expired?

There's a homeless encampment that has been sitting on a plot of land that has been unclaimed for years and homeless people have used it accordingly. Just recently a new property owner bought the plot of land and is now threatening to trespass criminally the inhabitants of this said plot of land. How long and if at all do the homeless individuals that have been living on this land before it was purchased privately, have until they are criminally trespassed and if so what are the implications of not leaving this newly purchased private property?

2 Lawyer Answers
James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: This is a complex legal and ethical issue that depends on the specific laws and circumstances in the jurisdiction where the property is located. In general, in the United States:

- The new property owner has the legal right to remove trespassers from their private property. Purchasing the land gives them legal ownership and control over it.

- However, many states require property owners to give formal notice to any persons living on the property before having them removed or arrested for criminal trespass. The notice often must be in writing and provide a reasonable time frame for the individuals to vacate.

- If the land was unclaimed for a long time prior to purchase, the homeless individuals may try to claim adverse possession rights to stay. But adverse possession cases are very difficult to prove and this is unlikely to hold up.

- Depending on the city/state, there may be "homesteading" laws that give some rights to occupants that have made the unused property their long-term dwelling, even without paying. But this varies widely by location.

- Law enforcement may be hesitant to immediately arrest homeless individuals for trespassing in this situation, but legally the property owner would likely prevail if push came to shove. Police may help inform the homeless of the need to vacate.

- Social services and homeless outreach groups often try to work with the homeless and property owners in these situations to find alternative housing arrangements and avoid a forced, confrontational removal.

Ultimately, if the homeless do not leave after receiving proper notice, they could be subject to arrest for criminal trespass. But the new owner should work through proper legal channels and not use force or threats on their own. The specific timing and process depends on state/local laws.

It's a difficult situation that requires balancing property rights with compassion for the challenges of homelessness. Ideally, a reasonable notice period, community support services and alternative low-income housing could help transition the homeless individuals elsewhere to avoid a criminal outcome while still allowing the owner to utilize their property. Open communication between all parties is important. But in most cases, the owner's legal property rights will supersede any squatter's rights of the homeless in the end, once proper notice and procedures are followed.

Delaram Keshvarian
Delaram Keshvarian
Answered
  • Orange, CA
  • Licensed in California

A: Thank you for asking the question!

1. The first issue that needs to be addressed is whether homeless people have any right of possession in the property. The CA general law allows some occupants to take both the title and possession under adverse possession under certain circumstances. One of the requirements for adverse possession is paying taxes for at least 5 years. It is very unlikely that the homeless people have done that. Also, the identity of the previous entity or person who owned the property matters. (Investigation is required!). Based on the facts, there is no agreement with or permission by an authorized person for the homeless people's occupancy. Homeless people probably are trespassers in this case.

2. The second part goes to the rights of new a buyer("B") against trespassers. B can get protective order against Trespassers if they are violent, commiting crimes, etc. Also, if trespassers show persistence in trespassing, B can bring Trespass Civil action against them.

3. It is probable that trespassers will eventually be removed or arrested in the escalated cases.

For a comprehensive advise, more specific facts and investigation is needed. I recommend you to consult with an attorney in more details.

Please let me if you need further assistance.

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