Squatters Rights and Home Ownership

a reply to: misskat1
Wow. You'd think the family of the deceased would have more rights to seek ownership of the home, even without a will. It can be challenged, if he or she had children it certainly can be by them.

This is just wrong.
I would think not being so nice and shutting off the water would help to get rid of them.

a reply to: violet

He has no family. So, when I researched the probate court records, there isnt even a probate open on the house. If a family member would step up and claim ownership, they could have these people removed. But, there isnt anyone. There are no heirs to the property.

If she really wants to get rid of them she could call the health department I`m pretty sure it`s a violation of the health codes to live in a house that has no running water. The health department will condemn any house that doesn`t have running water,then the sheriff can "evict" them.

a reply to: Tardacus

I will check into that, thanks for the tip!!

Pay the back taxes and then continue forward for the next couple years as the owner. Dig up and cap off their access to your well. Contact a real estate attorney.

Interesting thread.

I know Anderson.. Lots of addicts and unemployment.. Sounds like my town Dunnigan... But back to the your scenario: Your sister needs to give them 30 days notice, at least..tape a note to their door. If they really want to own that house next to your sister, they better realize that wells cost 85-90 dollars a foot to have drilled ($20,000+). So unless the squatters set up a water lease agreement to pay your sister hundreds of dollars per month, and they pay to put in a water meter; cut them off ASAP.
There is also personal injury liability if they get hurt entering your sisters land to turn on the water or maintain systems in her absence. Legal shared wells have easements recorded on both properties in the County. Squatters can't use an owners property rights without a lease or rental agreement from the true owner.
I too am sharing my well water with people living next door. In my case, it's two "homes". One is an old railroad station building and the other a box car converted into a house.
County has refused to enforce code compliance, can't verify they even have addresses since the homes sit on railroad land.
As the owner of the water well they get free water from, I took it upon myself to find a law that ends this situation.
Turns out it's illegal in my County to NOT have your own drilled well, and to service more than one house. Plus my neighbors have no easement to enter my land, and I have no easement on theirs. Meaning they or I can't maintain the system if one of us were not present.
Also I would be trespassing on railroad property by entering their "yards" . My neighbors houses are literally built in an active railroad corridor only 30 feet from the tracks that trains still use... Scary...
I told them the water is officially being shut off in 45 days. I thought it'd be cruel to shut it off too soon.
But considering it breaks County ordinance; I could turn them off anytime... So is the case with your sister.. You don't owe them a drop unless the owner lives there and has a shared well easement recorded. Squatters don't acquire easement rights without some official transfer of those rights.
I've actually tried to share my well civilly with these neighbors of mine, but they ignore me, or get mad if I say the well needs maintenance. They accused me of finding the most expensive company to repair everything..and that the well has never had to be fixed until I moved in.. (The well was broken when I moved in, and they called it working fine). The pump was turning on every 30 seconds and a tree was growing out the side of the well building. Do you call that a normal, fixed well? I don't... Pumps burn out from that kind of abuse. It's like started an car engine every 30 seconds, and never letting it warm up.
I can't work with folks that only look out for their own interests..and they have no jobs that could possibly afford $20k well drill in a couple years if they gripe about $500. They already took months to pay me back for $2,000 emergency service. We agreed on 30 days repay for emergency repairs. They paid me payments without my permission over 45 days. I was pissed to say the least.... That cleaned out my savings account that took 2 years to save up.
.They also started peeling out in front of my house with their car when they still owed me money.... I guess that was their way of protesting having to pay their share of the bill? I think they're all crackheads.. Your sis doesn't want to deal with what I've dealt with.. I have major paranoia and anxiety now because of sharing my well longer than I should have. And I have small children to protect too.
Imagine how they'd react to a $7000 bill due in 30 days when I have to drill the well deeper in 2 years? My advice, do what I'm doing: Tape a letter on their door telling them what's coming and when and why. If they threaten her, get restraining orders.

originally posted by: misskat1
My sister owns a house with a well, and she provides water to the property next door. The owner of the other property passed away, and the property sat empty for a few months, so my sister turned off the water. Then homeless people decided to make it their home. So, they got the electric turned on in their name, and they have mail delivery. One has legally registered himself with that address as a registered sex offender. Im telling you, these people have moved in. They've never asked for the water to be turned on.

A couple of weeks ago, she heard her well turning on all night, she thought she left a hose on, but she discovered that the neighbors had turned the water back on. So, she turned it off, and they turned it on, back and forth. They were caught climbing over her fence etc. Now, she wouldnt really mind if they lived there, but she doesnt want to pay for the electric to run her pump all the time. And one is a registered sex offender (per the sheriff) and there are regular camp fires with several homeless gathered around the fire. And she is in her 60s single and has been broken into a few times. So, yes we know she needs to move. But she cant.
So, she called the sheriff, and they came out, several times, the officer told her that there is another $400.000 home that has been moved into, and there is nothing they can do, their hands are tied. blah blah blah, so, to make a long story short:

They dont have to move out. If they pay the property taxes they will be able to file for legal ownership of the property in 5 years. Only an owner can throw them out, and there isnt any. Denying them water is the only legal leverage she has. And denying someone water, is kinda evil, so she has a moral issue, but she really does need them to move. Any ideas?

However, in my quest to help my sister with this, I found something that might benefit someone:

I looked up the property and found that it is currently $818 behind on its property tax. But, I realized in my search that there were several properties behind on taxes. I also noticed that they were purchased many years ago, and were probably paid off. I used the tax collector website and found the property address', and since my 17 yr old needs driving practice, we sat out to find out if they were occupied, and indeed several are just sitting there, empty, and boarded up. So, I took the name off the property tax deliquent roll, and used the Social Security Death Index and searched their names, and sure enough several have passed away.

Anyway, if you know anyone having housing issues, you might want to check out the tax rolls for empty properties in your area. The county is just going to sell them for back taxes. If I didnt own my own home, I would be seriously looking. Because, the police can not make these people budge. And they are going to own that home, and live there rent free. And of course check your local laws, Im in California, it could be different elsewhere, and I wouldnt want anyone in jail.

Just be nice to the neighbors, start watering the yard, cleaning up, and the neighbors are just glad to get rid of an eyesore. Real people Win!!!

buy em a rain barrel, and show em your 12 guage....you don't have to provide sh#t for people to lazy to be honest... paying to run your well pump because of morals? Insanity, please stop thinking it's your responsibility to take care of criminals....