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Squatters, Trespassing |
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Trespassing ExploredBy Lambert Munz MPM, RPM Arbour Real Estate Mgmt, Inc.
In other words, trespassing can be divided into two different groups, civil or criminal trespass. Criminal trespass is generally when damage has been done to the home, this is when the authorities come into play. However, with civil trespass, this is the act of taking the person to civil court and getting an order that prevents them from trespassing again, without the possibility of receiving possible jail time. This requires an eviction process. CRIMINAL TRESPASSThis may be difficult to prove in some cases, because damage has been done to the property. However, you have to be able to prove who did it. This is why many trespassers get away with it, because it is difficult to prove who did the damage unless you have photographs or other types of solid proof.CIVILWhen you know who is doing it, but cannot prove it in the eyes of law, you must take the trespasser to eviction court. In some cases, when there is damage you may be awarded damages.WHY IT DIFFICULT TO PROVE TRESPASS?Well, in the eyes of the law, it is only trespass when, as a home owner; you actually tell the person that they are forbidden from entering the property. It is further added, that trespass only exists when the "trespasser" refuses to vacate after being asked to by the homeowner. Some owners have claimed trespass to evict a tenant rather than go through the time consuming eviction court. This is the reason most officers will tell you that it is a civil matter. Perhaps, a veteran officer may know you and trust you or they may know the trespasser. In those cases the officer will escort the trespasser out of the property.Now, in many areas, a fence or a no trespassing sign is all you need for this. It is telling people, that unless you invite them, they are not to be on your property. However, more problems exist when the person claims to have permission, but you claim that they do not. This is a he-said, she-said type of thing that is often difficult to prove. IS MY HOME A TARGET FOR TRESPASSING?Certain homes are more of a target for trespassing than others. For example, a foreclosed home could be the target for two different types. It could be the target for the previous owner, the one whom the foreclosure was taken against. They may want their possessions, they may want their home, and may not go quietly. In these cases if the bank holding the mortgage is the new owner, the bank will offer a "CASH FOR KEYS" proposition. This means if the occupant moves within a short period of time they will give them cash for the keys.The second group is the criminal group and there are things that make a home more susceptible to trespass than others. For instance, a home that has been foreclosed on is on the verge of being sold. There are telltale signs that give away the fact that no one lives there. This group will trespass and wait for the bank to offer them the "CASH FOR KEYS" program. SIGNS OF VACANCY
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© 2000-2023 The Landlord Protection Agency, Inc.
In today's world, we are faced with dealing with trespassers. However, trespassers come in many different forms. They could be criminals who are intent on doing damage to the property, for no other reason than something to do. They could also be homeless people who have no other place to go. Then, there is another kind of trespasser, a homeowner whose home has just been foreclosed.