• Determining property ownership is not always a straightforward issue.fabriketagen image by fuxart from Fotolia.com
  
  Commonly looked down on by landowners, squatters have a different perspective on what they do. While a property owner may see squatting as a form of trespassing, squatters are merely looking for a place to live. They may not otherwise be able to afford a place. Whatever the case may be, the courts do not see squatting as a cut-and-dry issue either. Whether you are a squatter curious about what legal protections you may have or a landowner looking to reclaim your property, being aware of squatter's rights is important.
  
  

Adverse Possession

• When dealing with squatter's rights, the most frequent concept encountered is that of adverse possession. This is a legal precedent by which property ownership can be acquired by an occupant who establishes "actual, open, notorious, exclusive, hostile ... and continuous" possession of it for a certain period of time. In New York, Real Prop. Acts & Procedures 501, et seq. establishes the minimum time of ownership at 10 years. If a squatter moves into an abandoned house and does things such as receive mail at the location, make renovations to the building and introduce himself to the neighbors as the resident of the house, he will legally own the house in 10 years if he is not evicted by the actual owner. By being open about his residency in the house, he is theoretically giving the owner a chance to be aware of his presence and reclaim the property.
  
  

Eviction Protection

• To reclaim property from a squatter, an owner must be able to prove he has both the right and the intent to use the property. Owners may also run into problems evicting tenants if they cannot provide the names. According to Hon. Fern A. Fisher, an administrative judge in New York, it is illegal to lock someone out of an apartment without permission from the Housing Court. There are exceptions to this rule, but generally a squatter has special protections after 30 days of residency. If you lock a squatter out of a building without evicting them via a legal proceeding, you may be liable for damages.
  
  

Loft Law

• New York's Loft Law provides protection to residents of buildings that originally were intended for commercial use. After a tenant has occupied a loft for 12 consecutive months, the owner is required to ensure that the building meets the health and safety standards set forth for any other residential building. This law is not specifically designed to target squatters--but applies to them if they have lived in a loft for long enough to qualify. Additional protection against eviction is also granted by this law.