Adverse Possession Laws Missouri
Picture this: You own a property, and one day, you walk in to discover someone living there without your permission. Surprisingly, in certain places, like Missouri, squatters have the legal ability to fight for the right to stay in properties they’ve occupied without the owner’s consent.
It’s important for property owners and individuals who unintentionally find themselves living on someone else’s property to understand how squatters’ rights work in Missouri.
In this article, we’ll simplify the key aspects of squatters’ rights in Missouri, including the time it takes for squatters to potentially gain ownership, their legal rights, and the proper steps for property owners to evict them and reclaim their property.
Who Counts as a Squatter in Missouri?
Well, in Missouri’s legal jargon, a squatter is someone who lives on a property without the owner’s permission and doesn’t pay property taxes. These folks are different from trespassers, who just barge in without any invite. Squatters often claim they have a right to be there, even though they don’t own it, don’t have any legal papers, and have no valid rental agreement.
Sometimes, squatters end up in a place by mistake. Maybe they fell for a fake rental agreement or thought the property was abandoned. It’s important to note that not all squatters have bad intentions or want to kick out the rightful owner.
Knowing the difference between squatters and trespassers matters because the rights and options for property owners can vary. In Missouri, squatters might use something called “adverse possession laws” to claim ownership if they meet certain requirements over time. So, it’s a good idea for both property owners and occupants to understand the rules around squatters’ rights in Missouri.
How do Squatter’s Rights Work in Missouri?
Well, if someone wants to claim ownership of a property they’ve been squatting in, they need to follow a few rules:
They Must Physically Be There: The squatter has to physically live in the place and treat it like their own home. They can show this by making improvements to the property.
It Must Be Obvious: Anyone passing by should be able to tell that someone is living there. Even the real owner should notice if their place is occupied.
No Roommates Allowed: The squatter can’t share the place with anyone else. It has to be their exclusive spot.
No Breaks Allowed: They have to stay there for a solid 10 years without leaving for a long time. If they take off for too long, their claim goes out the window.
Does Missouri Honor Color of Title Claims?
You might stumble upon the term “Color of Title” when you’re digging into adverse possession and ‘squatters rights in Missouri.’ Basically, it’s a fancy way of saying that property ownership is a bit messy. It suggests that the owner doesn’t have all the necessary legal documents to prove they own the land.
But here’s the twist: In some places, having one of those important documents matters, but not in Missouri. In Missouri, even if you’ve got the right paperwork, it won’t make a difference when it comes to making an Adverse Possession claim.
How to Protect Your Property in Missouri
Here are some down-to-earth tips for keeping your property rights safe and sound in Missouri:
Keep an Eye Out: Check on your property regularly, especially if it’s empty or in a remote area. If something’s fishy, you’ll catch it early.
Lock It Down: Make sure your place is locked up tight. Good locks on doors and windows, maybe even a security system with cameras, and a sturdy fence can help keep intruders out.
Put Up Signs: “No Trespassing” signs are your friends. Stick them where people might try to sneak in. They’re a warning and can back you up legally if you need to deal with trespassers.
Take Care of It: Keep your property looking good. Regular maintenance, repairs, and fixing things up send a message that you’re on top of things and can discourage squatters. Get It in
Writing: If someone’s living on your property, make sure there’s a proper rental agreement in place. It should spell out all the rules and be legally binding. This way, you’re less likely to have someone turn into a squatter.
Check the Papers: Keep an eye on your property records. Make sure nothing fishy is happening, like someone trying to mess with your property’s paperwork.
Act Fast: If you find someone squatting on your property, don’t wait around. Talk to a real estate lawyer and follow the right legal steps to get them out and take back your place.
Stay in the Know: Understand Missouri’s property laws and rules about adverse possession. Knowing your rights helps you protect your property and deal with any issues that pop up.
So, with these tips, you can help keep your property yours and avoid any unwanted surprises.
Frequently Asked Questions
Are Squatters in Missouri required to pay property taxes?
In Missouri, squatters are not required to pay property taxes. Property tax liability is typically the responsibility of the legal property owner, and squatters do not have legal ownership of the property, so they are not obligated to pay property taxes.
How long can someone Squat in Missouri?
In Missouri, someone can potentially claim adverse possession and gain ownership of a property if they continuously squat on it for a minimum of 10 years. During this time, they must meet specific criteria, including open and notorious possession, hostile claim, and exclusive control over the property, to establish a legal right to the property.
Who can evict a Squatter in Missouri?
In Missouri, only the legal property owner or someone with the owner’s explicit authority, such as a property manager or authorized agent, can initiate the eviction process against a squatter. Eviction must be carried out through legal procedures and typically involves obtaining a court order for eviction, followed by law enforcement assistance if necessary.
