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. 

What Are the 12 Days of Christmas?

Antoninapotapenko/iStock via Getty Images
Antoninapotapenko/iStock via Getty Images

Everyone knows to expect a partridge in a pear tree from your true love on the first day of Christmas ... But when is the first day of Christmas?

You'd think that the 12 days of Christmas would lead up to the big day—that's how countdowns work, as any year-end list would illustrate—but in Western Christianity, "Christmas" actually begins on December 25 and ends on January 5. According to liturgy, the 12 days signify the time in between the birth of Christ and the night before Epiphany, which is the day the Magi visited bearing gifts. This is also called "Twelfth Night." (Epiphany is marked in most Western Christian traditions as happening on January 6, and in some countries, the 12 days begin on December 26.)

As for the ubiquitous song, it is said to be French in origin and was first printed in England in 1780. Rumors spread that it was a coded guide for Catholics who had to study their faith in secret in 16th-century England when Catholicism was against the law. According to the Christian Resource Institute, the legend is that "The 'true love' mentioned in the song is not an earthly suitor, but refers to God Himself. The 'me' who receives the presents refers to every baptized person who is part of the Christian Faith. Each of the 'days' represents some aspect of the Christian Faith that was important for children to learn."

In debunking that story, Snopes excerpted a 1998 email that lists what each object in the song supposedly symbolizes:

2 Turtle Doves = the Old and New Testaments
3 French Hens = Faith, Hope and Charity, the Theological Virtues
4 Calling Birds = the Four Gospels and/or the Four Evangelists
5 Golden Rings = the first Five Books of the Old Testament, the "Pentateuch", which gives the history of man's fall from grace.
6 Geese A-laying = the six days of creation
7 Swans A-swimming = the seven gifts of the Holy Spirit, the seven sacraments
8 Maids A-milking = the eight beatitudes
9 Ladies Dancing = the nine Fruits of the Holy Spirit
10 Lords A-leaping = the ten commandments
11 Pipers Piping = the eleven faithful apostles
12 Drummers Drumming = the twelve points of doctrine in the Apostle's Creed

There is pretty much no historical evidence pointing to the song's secret history, although the arguments for the legend are compelling. In all likelihood, the song's "code" was invented retroactively.

Hidden meaning or not, one thing is definitely certain: You have "The Twelve Days of Christmas" stuck in your head right now.

What Are the 12 Days of Christmas?

Tevarak/iStock via Getty Images
Tevarak/iStock via Getty Images

Everyone knows to expect a partridge in a pear tree from your true love on the first day of Christmas ... But when is the first day of Christmas?

You'd think that the 12 days of Christmas would lead up to the big day—that's how countdowns work, as any year-end list would illustrate—but in Western Christianity, "Christmas" actually begins on December 25th and ends on January 5th. According to liturgy, the 12 days signify the time in between the birth of Christ and the night before Epiphany, which is the day the Magi visited bearing gifts. This is also called "Twelfth Night." (Epiphany is marked in most Western Christian traditions as happening on January 6th, and in some countries, the 12 days begin on December 26th.)

As for the ubiquitous song, it is said to be French in origin and was first printed in England in 1780. Rumors spread that it was a coded guide for Catholics who had to study their faith in secret in 16th-century England when Catholicism was against the law. According to the Christian Resource Institute, the legend is that "The 'true love' mentioned in the song is not an earthly suitor, but refers to God Himself. The 'me' who receives the presents refers to every baptized person who is part of the Christian Faith. Each of the 'days' represents some aspect of the Christian Faith that was important for children to learn."

In debunking that story, Snopes excerpted a 1998 email that lists what each object in the song supposedly symbolizes:

2 Turtle Doves = the Old and New Testaments
3 French Hens = Faith, Hope and Charity, the Theological Virtues
4 Calling Birds = the Four Gospels and/or the Four Evangelists
5 Golden Rings = the first Five Books of the Old Testament, the "Pentateuch", which gives the history of man's fall from grace.
6 Geese A-laying = the six days of creation
7 Swans A-swimming = the seven gifts of the Holy Spirit, the seven sacraments
8 Maids A-milking = the eight beatitudes
9 Ladies Dancing = the nine Fruits of the Holy Spirit
10 Lords A-leaping = the ten commandments
11 Pipers Piping = the eleven faithful apostles
12 Drummers Drumming = the twelve points of doctrine in the Apostle's Creed

There is pretty much no historical evidence pointing to the song's secret history, although the arguments for the legend are compelling. In all likelihood, the song's "code" was invented retroactively.

Hidden meaning or not, one thing is definitely certain: You have "The Twelve Days of Christmas" stuck in your head right now.

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