In recent years, the issue of squatters' rights has become a topic of concern for many landlords in Tulsa. The concept of squatting, or occupying a property without the owner's permission, has a long history and is deeply rooted in both legal and socioeconomic factors. As a landlord, it is important to understand the legal framework around squatting and the rights and protections afforded to both squatters and property owners.

This guide will give an overview of squatters’ rights in Oklahoma, some of the key legal concepts around squatting, and steps property owners can take to protect themselves and their investments.

Disclaimer: The information provided in this blog does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available in this blog are for general informational purposes only.

The Legal Definition of Squatting

Squatting refers to the act of occupying a property without the owner's consent. In most cases, squatters gain access to vacant or abandoned buildings or land with the intention of establishing residence.

It is important to note that squatting and trespassing, while related, are distinct legal concepts that differ in key ways. For instance, trespassing refers to the simple act of entering a property without permission, while squatting refers specifically to situations where someone has actually taken up residence in a property for an extended period of time. Trespassing is also considered a criminal offense, whereas squatting is treated as a civil matter.

The History of Squatting Laws

The origins of squatters’ rights can be traced back millennia to when individuals primarily claimed ownership of land through long-term occupation and cultivation. In the United States, squatting played a critical role in Westward expansion. Early settlers could claim land simply by occupying and using it for a certain period of time. This principle of determining ownership based on usage is embodied by the concept of adverse possession. This doctrine, with its roots in English common law, was developed as a way to ensure that land was put to productive use and not left idle. 

Over time, the laws surrounding squatting have evolved to address the complexities of property ownership and occupancy in an increasingly urbanized and bureaucratic society. Statutes and court decisions have refined the requirements for adverse possession, balancing the rights of property owners with the interests of those who have been occupying the land.

The Process of Adverse Possession

Adverse possession is a legal principle through which squatters may acquire ownership rights to a property if certain conditions are met. The process typically involves the continuous and uninterrupted occupation of the property for a specified period. In Tulsa, the following criteria must be met in order to claim adverse possession:

-Continuous occupation of the property for a period of at least 15 years

-Open and notorious use of the property without attempt to conceal occupation from the owner

-Exercising control over the property through actions such as improvements or repairs

-Sole occupation of the property

-Claim of ownership must be hostile to the property owner

Rights and Protections for Squatters

Although squatting is considered an illegal activity, squatters are often still entitled to certain rights and protections under the law. Landlords usually must go through a legal eviction process to regain possession of their property and cannot resort to self-help measures such as changing locks or removing personal belongings.

It is important for landlords to familiarize themselves with the specific eviction laws in Tulsa to ensure that they follow the proper procedures. Always consult an attorney if you find yourself in the position of needing to evict a squatter.

The Impact of Squatting on Property Owners

Squatting can have significant implications for property owners. Property owners may face challenges in regaining possession of their property, especially if squatters have acquired legal rights through adverse possession. The legal eviction process can be time-consuming and costly.

Furthermore, property owners may find their properties damaged or devalued as a result of squatters' occupation. Resolving disputes and restoring the property to its original condition can require substantial investments of time, effort, and resources.

Truthfully, the best way to deal with squatting is to prevent it. Measures such as erecting fences, installing alarms and surveillance equipment, and posting no trespassing signs can deter trespassers and help landlords keep their property safe. Working with a Tulsa property management company can prove especially helpful for those with a lot on their plate or who are frequently out of town. 

Squatting and Homelessness

For some individuals or families facing homelessness, squatting can be seen as a last resort to secure shelter and basic necessities. If you discover that someone squatting on your property is in a vulnerable situation, you can direct them to the Tulsa Housing Authority or other local organization that offers help to people who struggle with housing instability.

Final Thoughts: Squatters’ Rights in Tulsa

Understanding squatters' rights is crucial for landlords in Tulsa to navigate the challenges associated with squatting effectively. By familiarizing themselves with the legal framework around squatting, landlords can take proactive measures to protect their properties and ensure that any squatting situations are dealt with legally and effectively.

The impact of squatting on landlords can be significant and it is essential to approach the issue with a prevention mindset. By taking measures to deter trespassing and enlisting help when needed, landlords can avoid paying a significant price. 

Looking for a Tulsa property management company to help protect your investments? Reach out to our local team to find out more about the services we can offer to help keep your property safe!