Fed-up homeowner arrested after tense standoff with squatters ‘stealing’ $1M house she inherited from parents

Valletta

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A2SG

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Look carefully at what eventually happens under Democrat rule.
Couple points here:

1. Adverse Possession laws weren't created by Democrats. The concept actually originated in England:

How Adverse Possession Laws Work
Adverse possession is a legal concept that allows a trespasser, whether a stranger or a neighbor, to gain legal title over land. The concept developed in early Britain. More recently, though, the law's function is to achieve a fair result when one owner has neglected or forgotten about a piece of property while another has been using or caring for it for so long that to make them leave would create hardship or injustice. The policy goal behind adverse possession statutes in New York and elsewhere is to ensure that land is owned by people who cultivate it and use it most productively, rather than by those who ignore it.

Adverse possession in New York is governed by statute, but also by the courts. Importantly, the burden of proof to establish a claim of adverse possession is on the trespasser. The legal holder of title is the presumed owner until the adverse possessor can meet that burden. In other words, it is the trespasser's job to prove that the judge should grant title to or ownership over a piece of land.

2. In order to claim title to a property based on adverse possession, a tenant needs to have resided there for at least ten years.

When someone publicly moves into and improves an otherwise neglected property, they may acquire title to that property after a certain amount of time has passed. This is called "adverse possession," based on the idea that land should not sit idle. These protections are not valid if the possession of the property is done in secret. New York adverse possession laws require at least ten years of possession and payment of taxes throughout that period in order to be eligible for legal title.

The idea for this seems to stem from the idea that properties shouldn't be left idle for long periods of time, due to owner neglect or some other reason.

You can find the law under: New York Consolidated Laws, Real Property Actions and Proceedings Law - RPA § 501

You're free to disagree with the way the law works in this case if you like, but it would be worth knowing the full details first.

-- A2SG, but if you'd rather just spout off about "dem dirty dems," don't let me stop ya....
 
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Valletta

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You're free to disagree with the way the law works in this case if you like, but it would be worth knowing the full details first.

-- A2SG, but if you'd rather just spout off about "dem dirty dems," don't let me stop ya....
We have seen a mockery of the law and the principles on which our country was founded in New York and California under Democrat rule. The rest of the nation has to decide if they wish to travel that route.
 
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A2SG

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We have seen a mockery of the law and the principles on which our country was founded in New York and California under Democrat rule. The rest of the nation has to decide if they wish to travel that route.
Ah, I see you'd rather spout off about "dem dirty dems" rather than deal with the actual facts of the situation.

Carry on.

-- A2SG, movin' right along...doog-a-doon doog-a-doon....
 
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[12-Mar-2024] The Squatters of Beverly Hills
After a fugitive doctor abandoned his mansion, an enterprising group of party throwers slid in the front door.

So you move out and want to sell. Meanwhile, the house could be vacant for months.

What if squatters move in?

It could take awhile to get them out. Plus, the squatters just might get free legal help.
 
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Bradskii

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[12-Mar-2024] The Squatters of Beverly Hills
After a fugitive doctor abandoned his mansion, an enterprising group of party throwers slid in the front door.

So you move out and want to sell. Meanwhile, the house could be vacant for months.

What if squatters move in?

It could take awhile to get them out. Plus, the squatters just might get free legal help.
It's a weird rule. Most squatters rights say and that they have some rights after living somwhere for 10 years. I think some places like California make it 5. Thirty days? Crazy...
 
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iluvatar5150

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We have seen a mockery of the law and the principles on which our country was founded in New York and California under Democrat rule. The rest of the nation has to decide if they wish to travel that route.
What we've seen is the mockery that you make of the truth, posting all sorts of overly partisan and inflammatory articles, constantly looking to blame anything and everything on Democrats instead of taking a few minutes to understand what's actually going on.

Here's the ABC article cited by your NY Post article:

Some pertinent sections:
One officer asked the men, "Do you have something that shows you've been here more than 30 days?"

When the men didn't provide documentation, they escorted both off the property and Andaloro had a locksmith change the locks. Before police left, they warned her about changing the locks.

In New York, it's against the law to turn off the utilities, change the locks, and remove the belongings of someone who claims to be a tenant.


Less than 10 minutes after police left and the locks were changed, the man who claimed to be the one actually leasing the house showed up with another man police already escorted off the property. They pushed through the front door.

"Do you see this this guy just literally broke down my door, broke through myself and my daughter," Andaloro said.

Police showed up a second time and told Andaloro "he can't be kicked out, you have to go to court." They consider it to be a landlord-tenant issue and by law, it has to be handled through housing court and not with police.

Because Andaloro changed the locks, they arrested her for unlawful eviction.

We don't know when this woman inherited the house. We don't know how long ago her parents moved out or died. We don't know what agreements they entered into regarding the house before they died. Somebody claims to actually have been leasing the place and putting money into doing work on it. It sounds like that person is then subleasing it to somebody else.

It's possible that the lease is valid and was never recognized or communicated during the handling of the estate. It's also possible that somebody is trying to run a scam - they noticed the house was vacant, took the steps necessary to establish "residency" and then started subleasing it to the people who were actually living in the house, who probably had no idea what was going on.

Either way, she was warned by the police that she couldn't change the locks without going through housing court and she did so anyways.

Virtually every state has tenant protections that prevent landlords from evicting people willy-nilly. Even Texas. I can't find that TX has an exact threshold (like NYC's 30-day rule) for determining whether someone is a "guest" vs a "tenant", but their law clearly embodies the same spirit:

Who Qualifies for Eviction Protections?​

The library receives many questions about how to get people who are not on a formal, written lease to leave a home. This might include:
  • Significant others
  • Family members
  • Guests
  • Subtenants
  • Roommates


Couple points here:

1. Adverse Possession laws weren't created by Democrats. The concept actually originated in England:

How Adverse Possession Laws Work
Adverse possession is a legal concept that allows a trespasser, whether a stranger or a neighbor, to gain legal title over land. The concept developed in early Britain. More recently, though, the law's function is to achieve a fair result when one owner has neglected or forgotten about a piece of property while another has been using or caring for it for so long that to make them leave would create hardship or injustice. The policy goal behind adverse possession statutes in New York and elsewhere is to ensure that land is owned by people who cultivate it and use it most productively, rather than by those who ignore it.
Adverse possession in New York is governed by statute, but also by the courts. Importantly, the burden of proof to establish a claim of adverse possession is on the trespasser. The legal holder of title is the presumed owner until the adverse possessor can meet that burden. In other words, it is the trespasser's job to prove that the judge should grant title to or ownership over a piece of land.

2. In order to claim title to a property based on adverse possession, a tenant needs to have resided there for at least ten years.

When someone publicly moves into and improves an otherwise neglected property, they may acquire title to that property after a certain amount of time has passed. This is called "adverse possession," based on the idea that land should not sit idle. These protections are not valid if the possession of the property is done in secret. New York adverse possession laws require at least ten years of possession and payment of taxes throughout that period in order to be eligible for legal title.

The idea for this seems to stem from the idea that properties shouldn't be left idle for long periods of time, due to owner neglect or some other reason.

You can find the law under: New York Consolidated Laws, Real Property Actions and Proceedings Law - RPA § 501

You're free to disagree with the way the law works in this case if you like, but it would be worth knowing the full details first.

-- A2SG, but if you'd rather just spout off about "dem dirty dems," don't let me stop ya....

Adverse possession involves taking ownership of a vacant property. What sounds like is going on in the OP's case is that the residents have been in the property long enough to be considered tenants, which affords them a certain amount of due process with regards to evictions. They have a right to remain on the property, but they don't gain title of it.
 
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RocksInMyHead

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It's a weird rule. Most squatters rights say and that they have some rights after living somwhere for 10 years. I think some places like California make it 5. Thirty days? Crazy...
There are different types of "squatters' rights". The 10-year ones generally refer to adverse possession laws, which grant you ownership of a property if you live there (or utilize it) for a certain length of time uncontested. The rights in the OP and in the article you linked are tenants' rights - states like California and New York, with very high costs of living, tend to have very generous tenants' rights laws to prevent abuse by predatory landlords. The flipside is that those generous tenancy laws can be abused by unscrupulous tenants. It's still not great, and it tends to get more press (because landlords are more likely to raise a stink over squatters than tenants are to raise one over an illegal eviction), but in terms of overall benefit to society, I think it's better to err on the side of protecting the rights of tenants.

In short, it's very easy to establish tenancy (or at least the illusion of it), and once tenancy is established, it's difficult to remove a tenant. You generally need to go through the full eviction process, which can take several months (as it did in the case of the article you linked - it ends with the squatters losing their eviction suit and packing to leave).
 
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