Are you aware of the ways to keep squatters out of your investment property? Property owners must be aware of squatter’s rights to avoid drawn-out and expensive legal disputes. This article will teach you about Missouri’s squatter-related laws.
What are Squatter’s Rights?
Rights of Adverse Possession is another name for squatters’ rights. According to legal theory, a squatter may be able to acquire ownership rights to a piece of land, provided they fulfill the conditions outlined in Missouri’s property laws.
It is therefore essential that you become knowledgeable about this legal notion as a landlord to keep someone else from becoming the owner of your property.
How do Squatter’s Rights Work in Missouri?
Adverse Possession regulations stipulate that a squatter must be able to occupy a property for a predetermined period. In Missouri, a squatter seeking to assert adverse possession must have occupied a property continuously for ten years.
Additionally, to acquire complete ownership rights, a squatter needs to occupy the property in a particular way.
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1. The Squatter Needs to Be Present on the Property:
They have to act as though they are the real owner and be physically present. The improvements a squatter makes while occupying the land can serve as proof of this.
2 The Profession Must Be Visible to All:
Anyone walking by must be able to tell that someone is living on the property. It should be possible for even the real owner to determine whether someone else is using their property.
3 The Unit’s Occupation Must Be Exclusive:
Stated differently, the trespasser needs to be an individual who does not work for another company. Their claim of adverse possession would be void if they shared it with anybody else.
4 The Employment Must Continue Continuously for the Whole Ten-Year Term:
As previously stated, squatters in Missouri must live on the land for a minimum of ten years. Furthermore, this time frame needs to be continuous. Any prolonged absence would negate their ownership claim to the land.
Does Missouri require a title’s color?
When looking at a squatter’s rights, you’re likely to run across the term “Color of Title.” It merely indicates that a property’s ownership is irregular. The owner may be lacking at least one of the legal documents necessary for typical ownership.
It is required in some states for an adverse possession claim. But Missouri isn’t one of them. Squatters do not require it to make a claim, even if having it can undoubtedly aid their case.
In Missouri, are squatters required to pay property taxes?
In many states, squatters must pay property taxes to file an adverse possession claim, much like with “Color of Title.” Squatters in certain states who can prove they have been paying taxes may have their minimum possession time reduced.
Missouri is not one of those states, to reiterate. Paying property taxes won’t lessen the necessary continuous occupation time, even though it can support the argument.
What Are Some Ways to Keep Squatters Out of Your Missouri Rental Property?
Landlords can take the following actions to keep squatters out of their rental properties while they’re vacant:
Put security bars on your windows:
They might not be the most aesthetically pleasing, but they can effectively keep would-be burglars out of your house. This is particularly crucial if your unit is on the street or has easy access.
Set up a security or alarm system:
This will warn you when something is happening inside your home when you’re away. Other systems can even alert the police if there is a break-in.
Give the impression that someone is residing in the house:
Make sure you water the garden and turn on the lights at dusk. Regularly open and close the blinds or curtains, and take out the mail from the mailbox. Make as many visits to the property as you can.
Make the squatters an offer to rent the property:
If you choose this option, the squatter will have to vacate when the lease or rental arrangement expires. The main drawback to this is that evicting the squatter may take some time.
Employ a property management company to assist you in finding trustworthy tenants. Having a renter will prevent your house from being unoccupied and open to squatters. You can also get a monthly recurring income.
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How Is It Possible to Remove Squatters from Missouri?
There are no unique regulations in Missouri that govern how a landowner can evict a squatter. The only exception is for landowners who are incapacitated. You have to follow the state’s lawful eviction procedure aside from that.
A written eviction notice is the initial step in any eviction procedure. You can give a squatter a demand for rent notice to serve them. Rent may be due by the squatter within a specified period after receiving this notification, but not always. Following the serving of a notice, the next course of action entails filing a summons and complaints with the appropriate court.
You may also serve the squatter with a 10-day notice to vacate. This is applicable when there are allegations of unlawful activity or when there is damage to the unit. You have ten days to move to court and file for an eviction after that time has passed.
You will need to ask the court for a writ of possession if the decision is in your favor. This will compel the sheriff to execute the eviction. By locking yourself out or turning off the utilities, you should not attempt to evict yourself. Not only will the eviction be unsuccessful, but it may also expose you to legal action.
In conclusion:
Making sure you comprehend the law completely is the first step in keeping squatters out of your property. We at Keyrenter St. Charles Property Management are knowledgeable about the tenancy and real estate regulations in Missouri. Being a full-service property management firm, we can assist you with every aspect of property ownership.
