How Do Squatter’s Rights Work?

Scott Olson / Staff, Getty Images News
Scott Olson / Staff, Getty Images News

Jason asks, “Most of us have heard the term 'squatter’s rights,' but what rights to squatters actually have?”

In the United States, “squatter’s rights” isn’t a list of specific rights, but refers to a specific form of adverse possession, a legal principle that we inherited from England and has been around, in one form or another, for ages.

Adverse possession allows for real estate to change ownership without payment if someone occupies another person’s property while meeting certain requirements for a set amount of time without the owner getting rid of them. For example, if I build a fence way over my neighbor’s property line and use and maintain the land I’ve fenced off, and my neighbor does nothing about it for a while (exactly how long depends on where we live), I may be able to claim that chunk of his property as my own if he does ever make a fuss. 

The idea behind adverse possession, the California Court of Appeals for the Third District wrote in a 1979 decision, “is basically that land use has historically been favored over disuse, and that therefore he who uses the land is preferred in the law to he who does not, even thought the latter is the rightful owner. Hence our laws of property have sanctioned certain types of otherwise unlawful taking of land belonging to someone else.” The purpose, the Court continues, isn’t “to reward the taker or punish the person dispossessed, but to reduce litigation and preserve the peace by protecting a possession that has been maintained for a statutorily deemed sufficient period of time.”

While the principle is usually used by the courts to resolve property disputes like my hypothetical fence, squatters can also use adverse possession to gain ownership of the property they’re squatting in if they play their cards right. 

Land Grab

Adverse possession statutes vary from state to state, and sometimes within states, but generally speaking, to acquire property by adverse possession a squatter needs to possess the disputed property in a way that is actual, open, notorious, exclusive, hostile and continuous for the statutory period of time. That is, they need to actually occupy and use the property, in opposition of the actual owner’s rights and claims, in an open and visible way that makes it known to the owner that their property is being possessed and prevents others from using or occupying it. All of this has to be done for a set period of time, which varies between jurisdictions. In California, a squatter needs to possess a property for five years, while in New Jersey, they’d have to hang on to it for 30 years.

If the squatter’s possession is interrupted during that period—say, by the actual owner attempting to take possession or the squatter abandoning the property—the continuity of it is broken, and the squatter has to start again with the clock reset at zero. If they manage to meet all those requirements for the full amount of time and not get kicked out, they could claim ownership through adverse possession if any questions about the ownership arise or go before a court. 

Amazon's Under-the-Radar Coupon Page Features Deals on Home Goods, Electronics, and Groceries

Stock Catalog, Flickr // CC BY 2.0
Stock Catalog, Flickr // CC BY 2.0

This article contains affiliate links to products selected by our editors. Mental Floss may receive a commission for purchases made through these links.

Now that Prime Day is over, and with Black Friday and Cyber Monday still a few weeks away, online deals may seem harder to come by. And while it can be a hassle to scour the internet for promo codes, buy-one-get-one deals, and flash sales, Amazon actually has an extensive coupon page you might not know about that features deals to look through every day.

As pointed out by People, the coupon page breaks deals down by categories, like electronics, home & kitchen, and groceries (the coupons even work with SNAP benefits). Since most of the deals revolve around the essentials, it's easy to stock up on items like Cottonelle toilet paper, Tide Pods, Cascade dishwasher detergent, and a 50 pack of surgical masks whenever you're running low.

But the low prices don't just stop at necessities. If you’re looking for the best deal on headphones, all you have to do is go to the electronics coupon page and it will bring up a deal on these COWIN E7 PRO noise-canceling headphones, which are now $80, thanks to a $10 coupon you could have missed.

Alternatively, if you are looking for deals on specific brands, you can search for their coupons from the page. So if you've had your eye on the Homall S-Racer gaming chair, you’ll find there's currently a coupon that saves you 5 percent, thanks to a simple search.

To discover all the deals you have been missing out on, head over to the Amazon Coupons page.

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The Reason Supreme Court Justices Wear Black Robes

Judge Thomas Patrick Thornton (left) is sworn in as a federal judge by Judge Arthur F. Lederle (right) on February 15, 1949.
Judge Thomas Patrick Thornton (left) is sworn in as a federal judge by Judge Arthur F. Lederle (right) on February 15, 1949.

Professional attire can go a long way in communicating the level of respect you have for your occupation and the people around you. Lawyers don’t show up for court in shorts and politicians don’t often address crowds in sleeveless T-shirts.

So it stands to reason that the highest court in the country should have a dress code that reflects the gravity of their business, which is why most judges, including judges on the Supreme Court, are almost always bedecked in black robes. Why black?

As Reader's Digest reports, judges donning black robes is a tradition that goes back to judicial proceedings in European countries for centuries prior to the initial sitting of the U.S. Supreme Court in 1790. Despite that, there’s no record of whether the Justices went for a black ensemble. That wasn’t officially recorded until 1792—but the robes weren’t a totally solid color. From 1792 to 1800, the robes were black with red and white accents on the sleeves and in the front.

It is likely that Chief Justice John Marshall, who joined as the fourth chief justice of the Supreme Court in 1801, led the shift to a black robe—most likely because a robe without distinctive markings reinforces the idea that justice is blind. The all-black tradition soon spread to other federal judges.

But according to former Supreme Court Justice Sandra Day O’Connor, there is no written or official policy about the robes, and the Justices are free to source them however they like—typically from the same companies who outfit college graduates and choir singers. It’s certainly possible to break with tradition and arrive on the bench without one, as Justice Hugo Black did in 1969; Chief Justice William Rehnquist once added gold stripes to one of his sleeves. But for the most part, judges opt for basic black—a message that they’re ready to serve the law.

[h/t Reader’s Digest]