SQUATTER

1
SQUATTERS RIGHTS

• A Comparison Study of England and Mexico
• By Kim Gibeling

2
Land, Oh Land

• Do you mean to tell me, Katie Scarlett O'Hara,
  that Tara - that land doesn't mean anything to
  you? Why, land's the only thing in the world
  worth working for, worth fighting for, worth
  dying for, because it's the only thing that
  lasts.

3
Land, Oh Land

• Do you mean to tell me, Katie Scarlett O'Hara,
  that Tara - that land doesn't mean anything to
  you? Why, land's the only thing in the world
  worth working for, worth fighting for, worth
  dying for, because it's the only thing that
  lasts.
• Gone With the Wind, 1939

4
SQUATTERS RIGHTS

• Squatters and Adverse Possession U.S.
• Hernando de Soto, Peruvian Economist
• English Adverse Possession
• Mexican Adverse Possession

5
Squatters

• Squatter A person who settles on property
  without any legal claim or title
• Squatters Rights The right to acquire title to
  real property by adverse possession

Ooops
Washington Post Approximately 1 billion
squatters worldwide
6
Adverse PossessionUnited States

• Adverse Possession A method of acquiring title
  to real property by possession for a statutory
  period under certain conditions
• The Conditions (the use of the property must be)
• Open
• Notorious
• Continuous
• Exclusive
• Hostile

7
Hernando de SotoPeruvian Economist

• Advocate for Squatter's Rights
• Legal property title allows
• poor to borrow money wealth
• improves economy
• Critics Say
• Unrealistic
• Detrimental
• Leads to violence

8
ENGLAND

• Land Registration Act of 1925
• Adverse Possession 12 yrs
• Simply needed
• Intent to Posses
• Factual Possession
• Squatter could minimally occupy
• Did not have to register title
• Land Registration Act of 2002
• Stricter Adverse Possession Laws
• After ten years, MUST REGISTER for title
• Notice given to proprietor
• Proprietor can object
• After two more years, squatter can reapply

9
MEXICO

• Articulo 27 (Article 27)
• Mexican Gov't ultimately owns the land
• grants private property rights
• Prescripcion Positiva (Adverse Possession)
• Open, Notorious, Uninterrupted, and
• Peaceful and Good Faith 5yrs
• Non-peaceful or in bad faith 10 yrs
• Can obtain declaratory court order
• Only need show elements of adverse possession
• Public believed you occupied the land

10
SQUATTERS RIGHTSWhat We Covered

• Basics of Squatters and Adverse Possession
• Hernando de Soto, Peruvian Economist
• Compared English to Mexican Adverse Possession