You know the system is genuinely broken when people can “squat” and force you out of your own home; while you’re still living there.
Sencuk and one of Toma’s roommates got into a physical altercation, leading to Sencuk filing an emergency protective order against Toma. The judge granted the order, which forced Toma to stay 500 feet away from them — and his own home, effectively leaving him homeless.
But it was what happened. All because the courts believed Sencuk (the squatter).
That quote says nothing about squatting. it mentions a protective order being issued after a physical altercation occurred.
The court’s decision in Toma’s case may have stemmed from several factors. When Sencuk applied for the protective order, he indicated Toma was a roommate — not the homeowner — so the nature of their relationship may not have been clear to the judge.
Additionally, Sencuk claimed he and Toma had an agreement that he would perform various maintenance and chores around the property in exchange for living in the garage, which may have seemed credible to the court. Toma denies this arrangement ever existed.
However, since the protective order was issued, Sencuk has moved out.
The guy never claimed “squatters rights,” he sought a protective order against the other people in the house and lied to get it, then moved out before it was even issued
Per the article, takes 15 years of adverse possession to claim squatter’s rights in KY. Order that got homeowner kicked out was a protective order that stemmed from a physical altercation between the “squatter” and one of the homeowner’s roommates.
It takes 15 years of squatting to gain adverse possession. That is to gain ownership of the property, you have to live there for 15 years without the owner making an active effort to stop you.
In most states it’s the opposite, the owner has to attempt to stop you and you have to hold it hostility.
Nebraska for reference
The squatter’s presence and use of the property must be continuous, actual, visible, notorious, distinct, and hostile to the actual property owner’s rights.
Meaning you must openly try to prevent the owners use and they most attempt to prevent yours.
Doesn’t that only mean that you have to be hostile to their rights, not the other way around?
I don’t think that’s what that means. I believe “hostile” in this sense is closer in meaning to “contrary.” It’s hostile to the owner’s rights, not hostile to the owner.
You have to make it clear that you’re living there with regular upkeep. Mow the lawn, fix up the house, etc. You can’t hide the fact that you’re living there from the owner or neighbors.
If the owner shows up one day and discovers you’ve been living there, they can politely ask you to leave and now you’re officially trespassing and you lose your claim to adverse possession.
If you’ve made it clear that you live there, and your neighbors all know you, but the real owner has never showed up in 15 years, or just doesn’t care and never asked you for rent or asked you to leave, congrats on your new property.
If you shoot someone in your home who you previously invited into your home, you’re going to prison.
If you tell someone sure. This seems like a situation where the government is almost encouraging you to deal with it on your own. Just make sure you hide any evidence
in the UK you would need to live there for 10 years