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Old 07-20-2009, 02:40 PM
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Mike, squatter is the correct term:

Definition
The definition of squatter's rights is a method to gain legal title to property by way of actual, open or hostile, continuous possession. The act must exclude the true owner from the property for a set period of time as stated by state laws. This is not the same as Prescription, where title is gained by way of loss of a grant to that title.
Use
The use of squatter's rights can be used only after a certain period of time has passed with certain conditions being met. If the time is set at 15 years, the squatter must physically hold the property for that length of time. If the squatter "tacks" on another squatter, where they pass continuous possession of the property to another squatter, the rights are passed on along with the time accrued to that date.
Termination
Termination of squatter's rights can occur through various means. If the squatter releases the property by leaving it for a length of time, such as a week, any time gained upon the time limitation is lost and the squatter starts at day one again. Another way to terminate these rights is if the original owner grants the squatter rights to the property, even temporarily; thus eliminating the "continuous and hostile" portion of the definition. Any evidence that rent was paid by the squatter to the original owner also terminates squatter's rights.
Homesteader
Homesteading is a legal cousin to squatter's rights. Homesteaders gain title to a property by taking possession and using the property for a set amount of time as stated by law. This is only possible if the original owner has abandoned the property and it is no longer in use by the original owner. Homesteading is not considered a hostile act because of the above reasons and thereby is not the same as squatter's rights which is a hostile possession of property.
Significance
Squatter's rights can become an important part of a property claim if the person holding those rights has fulfilled the time obligation. If the time limit has passed, it is said that the statute of limitations has lapsed for the original owner to force an eviction or to reclaim the property. At this time the squatter can apply for a formal title to the property.
Old 07-20-2009, 03:05 PM
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These, however, are squatters, who are hoping to homestead.
Old 07-20-2009, 03:15 PM
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Originally Posted by RC - Ryder,Jul 20 2009, 04:05 PM
These, however, are squatters, who are hoping to homestead.
Homesteading refers to land that has no one legally owning the title. Squatting refers to land that does have a title owner, but someone else lives on it anyway, without permission.

These things vary by state, but as I understand it, there is almost no such thing as "squatter's rights" in the US. While it can be hard to evict people sometimes, the mechanism for actual ownership of the land to transfer over to them does not generally exist.

On the other hand, let's say you and your neighbor have a fence between you that you treat as the property line. Now a survey comes along and finds that your original legal property line is not along the fence. But the fence can still be considered to be the new legal property line because both parties have been aware of it and neither contested it. That's "adverse possession".
Old 07-20-2009, 03:21 PM
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Originally Posted by Jet sitter,Jul 19 2009, 06:35 AM
My cousin overpaid her California taxes last year, she received an IOU. She said that she has little hope that she will ever be paid.
I've heard of IOUs here in Cali. I fought a speeding ticket but I had to pay the fine upfront. If I win, (fought with a Written Declaration) I imagine I'll get an IOU for the refunded fine. I figure/hope I can use it for registration when I have to pay it in November for my S2000.
Old 07-20-2009, 04:22 PM
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Good luck Patty!
Old 07-20-2009, 04:46 PM
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Originally Posted by Jet sitter,Jul 20 2009, 05:22 PM
Good luck Patty!
Thank you, Glenn. It's my first attempt at fighting a ticket.
Old 07-20-2009, 08:52 PM
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That totally sucks. We have been lucky here in ID. I do have to take a pay cut next year, but at least I have a job.
Old 07-21-2009, 05:45 AM
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Originally Posted by RedY2KS2k,Jul 18 2009, 12:45 AM
......Personally, I'm at a point in my life where if my employer couldn't meet payroll, I'd tell them to take their job and shove it.
Hmmmm....not too many are in that ^^ position these days.

Anyone in the design/construction business would be happy to take that deal....assuming the IOU would be paid back later.
Old 07-21-2009, 06:48 AM
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Let's just have the feds print some more money and pass it out to everyone. Trillions and trillions.

I'm not going to pay for it so who cares. Right? It's too late to cut spending isn't it? So lets just go for it.

I remember when some states ran surpluses and set aside rainy day funds.

fltsfshr
Old 07-21-2009, 07:41 AM
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^^
I'm not naming names, but some states are running a surplus.


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