Florida: "squatting is illegal". Texas:

5,461 Views | 36 Replies | Last: 1 yr ago by BigRobSA
Waffledynamics
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Abbott has really impressed me as of late. Glad to see red states largely embrace sanity.
Irish 2.0
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Good Abbott. Now he needs to penalize the cities that don't enforce the laws.
Old May Banker
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Excellent to see him reiterating what Texans should known.
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twk
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Waffledynamics said:



Abbott has really impressed me as of late. Glad to see red states largely embrace sanity.
That's not the problem. The problem is that when the cops are called to a residence based on a claim of trespass by the owner, they don't have any means to determine who is entitled to possession beyond who appears to be living on the property. Sticking with the status quo in Texas will not eliminate squatting. But, it's hard to get rid of even where there is a will in the legislature to do something about it.
Definitely Not A Cop
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twk said:

Waffledynamics said:



Abbott has really impressed me as of late. Glad to see red states largely embrace sanity.
That's not the problem. The problem is that when the cops are called to a residence based on a claim of trespass by the owner, they don't have any means to determine who is entitled to possession beyond who appears to be living on the property. Sticking with the status quo in Texas will not eliminate squatting. But, it's hard to get rid of even where there is a will in the legislature to do something about it.



Seems pretty simple. Remove the person living there, set a court date. Whomever lied (the tenant or the landlord) gets charged with either felony trespassing or felony false report.
Muy
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twk said:

Waffledynamics said:



Abbott has really impressed me as of late. Glad to see red states largely embrace sanity.
That's not the problem. The problem is that when the cops are called to a residence based on a claim of trespass by the owner, they don't have any means to determine who is entitled to possession beyond who appears to be living on the property. Sticking with the status quo in Texas will not eliminate squatting. But, it's hard to get rid of even where there is a will in the legislature to do something about it.


Pfft. It's not hard to see whose name all the bills are in.
JobSecurity
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Muy said:

twk said:

Waffledynamics said:



Abbott has really impressed me as of late. Glad to see red states largely embrace sanity.
That's not the problem. The problem is that when the cops are called to a residence based on a claim of trespass by the owner, they don't have any means to determine who is entitled to possession beyond who appears to be living on the property. Sticking with the status quo in Texas will not eliminate squatting. But, it's hard to get rid of even where there is a will in the legislature to do something about it.


Pfft. It's not hard to see whose name all the bills are in.


They have fakes. That's the entire problem. Most of these houses are or were vacant too, making it more complicated
Logos Stick
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Castle Doctrine ftw
Old May Banker
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Hard for a squatter to prove anything if they're shot dead for trying to steal property.
Agsrback12
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Sounds like a great opportunity for a security company
aTm2004
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DeSantis is the best thing to happen to Abbott.
annie88
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annie88
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aTm2004 said:

DeSantis is the best thing to happen to Abbott.


Eh, it's pretty even on them duplicating each other on different things.

But both doing well.
aggiehawg
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Logos Stick said:

Castle Doctrine ftw
Beats the Florida version of Stand Your Ground. The way that is structured is punitive to the accused asserting a self defense claim. A procedural nightmare as we saw in the Zimmerman case.
aggiejayrod
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annie88 said:

aTm2004 said:

DeSantis is the best thing to happen to Abbott.


Eh, it's pretty even on them duplicating each other on different things.

But both doing well.


I think Desantis showed him that you can have a spine
Ag with kids
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twk said:

Waffledynamics said:



Abbott has really impressed me as of late. Glad to see red states largely embrace sanity.
That's not the problem. The problem is that when the cops are called to a residence based on a claim of trespass by the owner, they don't have any means to determine who is entitled to possession beyond who appears to be living on the property. Sticking with the status quo in Texas will not eliminate squatting. But, it's hard to get rid of even where there is a will in the legislature to do something about it.
Why would you call the cops on a simple claim of trespass?

Call them because you shot several trespassing intruders to defend yourself and your home.
Rockdoc
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Muy said:

twk said:

Waffledynamics said:



Abbott has really impressed me as of late. Glad to see red states largely embrace sanity.
That's not the problem. The problem is that when the cops are called to a residence based on a claim of trespass by the owner, they don't have any means to determine who is entitled to possession beyond who appears to be living on the property. Sticking with the status quo in Texas will not eliminate squatting. But, it's hard to get rid of even where there is a will in the legislature to do something about it.


Pfft. It's not hard to see whose name all the bills are in.

I think it would be a very unusual situation if cops had trouble figuring out who the real owner is. Info that would be an instantaneous radio call away, neighbors, etc.
Hanrahan
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Will be very interesting if someone is charged with murder enters this tweet into evidence as a directive from the highest office of state government to deal with the problem yourself.

Btw I'm all for it.
Kraft Punk
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That's a nice tweet

But Did Abbott ever get that hero out of prison that defended himself against the antifa terrorist?
LeonardSkinner
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aggiehawg said:

Logos Stick said:

Castle Doctrine ftw
Beats the Florida version of Stand Your Ground. The way that is structured is punitive to the accused asserting a self defense claim. A procedural nightmare as we saw in the Zimmerman case.

Was there another Zimmerman trial that I didn't hear about? The one where George Zimmerman killed Trayvon Martin in self defense didn't involve Stand Your Ground.
Desert Fox
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If you find a squatter on your property, kill them.
annie88
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aggiejayrod said:

annie88 said:

aTm2004 said:

DeSantis is the best thing to happen to Abbott.


Eh, it's pretty even on them duplicating each other on different things.

But both doing well.


I think Desantis showed him that you can have a spine
Abbott has one he just has to use a wheelchair. I'm just saying Abbott first sent the refugees up in buses and DeSantis has done other things. I don't think DeSantis had to teach Abbott anything. Both of them made mistakes during Covid.

They're both good governors I don't see why we have to keep comparing them or slighting either one.
DannyDuberstein
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You will be going home if I'm on your jury. 100% guaranteed
one safe place
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Irish 2.0 said:

Good Abbott. Now he needs to penalize the cities that don't enforce the laws.
And quit taking $1.5 million from the developer of the huge colonia full of the people he is supposedly trying to keep out
one safe place
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Muy said:

twk said:

Waffledynamics said:



Abbott has really impressed me as of late. Glad to see red states largely embrace sanity.
That's not the problem. The problem is that when the cops are called to a residence based on a claim of trespass by the owner, they don't have any means to determine who is entitled to possession beyond who appears to be living on the property. Sticking with the status quo in Texas will not eliminate squatting. But, it's hard to get rid of even where there is a will in the legislature to do something about it.


Pfft. It's not hard to see whose name all the bills are in.
The deed records will show who owns it, if those occupying it don't appear to be the owners and cannot provide a lease, drag them out by their ears.
twk
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Rockdoc said:

Muy said:

twk said:

Waffledynamics said:



Abbott has really impressed me as of late. Glad to see red states largely embrace sanity.
That's not the problem. The problem is that when the cops are called to a residence based on a claim of trespass by the owner, they don't have any means to determine who is entitled to possession beyond who appears to be living on the property. Sticking with the status quo in Texas will not eliminate squatting. But, it's hard to get rid of even where there is a will in the legislature to do something about it.


Pfft. It's not hard to see whose name all the bills are in.

I think it would be a very unusual situation if cops had trouble figuring out who the real owner is. Info that would be an instantaneous radio call away, neighbors, etc.
You would be wrong more often than you would think. Even setting aside fee simple ownership, if the squatter claims to have a lease, the police are often not in a position to determine who is entitled to possession. That's what is determined in an eviction suit.

I've said this before on other threads: real property is not like automobiles, as there is no government agency that issues a certificate of title. That's why police are unable to simply say one person is the owner and the person who appears to be in possession has to leave.
BigRobSA
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annie88 said:

aggiejayrod said:

annie88 said:

aTm2004 said:

DeSantis is the best thing to happen to Abbott.


Eh, it's pretty even on them duplicating each other on different things.

But both doing well.


I think Desantis showed him that you can have a spine
Abbott has one he just has to use a wheelchair. I'm just saying Abbott first sent the refugees up in buses and DeSantis has done other things. I don't think DeSantis had to teach Abbott anything. Both of them made mistakes during Covid.

They're both good governors I don't see why we have to keep comparing them or slighting either one.


Abbott screwed the pooch during COVID, usurping powers not given.
bmks270
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twk said:

Waffledynamics said:



Abbott has really impressed me as of late. Glad to see red states largely embrace sanity.
That's not the problem. The problem is that when the cops are called to a residence based on a claim of trespass by the owner, they don't have any means to determine who is entitled to possession beyond who appears to be living on the property. Sticking with the status quo in Texas will not eliminate squatting. But, it's hard to get rid of even where there is a will in the legislature to do something about it.


The cops won't leave it up to the civil courts when an accused trespasser is shot. They'll be forced to determine who was a legal occupant and who wasn't.
JamesPShelley
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twk said:

Waffledynamics said:



Abbott has really impressed me as of late. Glad to see red states largely embrace sanity.
That's not the problem. The problem is that when the cops are called to a residence based on a claim of trespass by the owner, they don't have any means to determine who is entitled to possession beyond who appears to be living on the property. Sticking with the status quo in Texas will not eliminate squatting. But, it's hard to get rid of even where there is a will in the legislature to do something about it.
The police are ****ing worthless in those instances. "It's a civil matter. We can't help you".

I'd be hiring some local "carpet layers" to help out. You just gotta know where to look.
Ag with kids
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twk said:

Rockdoc said:

Muy said:

twk said:

Waffledynamics said:



Abbott has really impressed me as of late. Glad to see red states largely embrace sanity.
That's not the problem. The problem is that when the cops are called to a residence based on a claim of trespass by the owner, they don't have any means to determine who is entitled to possession beyond who appears to be living on the property. Sticking with the status quo in Texas will not eliminate squatting. But, it's hard to get rid of even where there is a will in the legislature to do something about it.


Pfft. It's not hard to see whose name all the bills are in.

I think it would be a very unusual situation if cops had trouble figuring out who the real owner is. Info that would be an instantaneous radio call away, neighbors, etc.
You would be wrong more often than you would think. Even setting aside fee simple ownership, if the squatter claims to have a lease, the police are often not in a position to determine who is entitled to possession. That's what is determined in an eviction suit.

I've said this before on other threads: real property is not like automobiles, as there is no government agency that issues a certificate of title. That's why police are unable to simply say one person is the owner and the person who appears to be in possession has to leave.
Start with making the production of a fake lease a felony. That would make it a much more risky proposition for the squatters.
twk
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Ag with kids said:

twk said:

Rockdoc said:

Muy said:

twk said:

Waffledynamics said:



Abbott has really impressed me as of late. Glad to see red states largely embrace sanity.
That's not the problem. The problem is that when the cops are called to a residence based on a claim of trespass by the owner, they don't have any means to determine who is entitled to possession beyond who appears to be living on the property. Sticking with the status quo in Texas will not eliminate squatting. But, it's hard to get rid of even where there is a will in the legislature to do something about it.


Pfft. It's not hard to see whose name all the bills are in.

I think it would be a very unusual situation if cops had trouble figuring out who the real owner is. Info that would be an instantaneous radio call away, neighbors, etc.
You would be wrong more often than you would think. Even setting aside fee simple ownership, if the squatter claims to have a lease, the police are often not in a position to determine who is entitled to possession. That's what is determined in an eviction suit.

I've said this before on other threads: real property is not like automobiles, as there is no government agency that issues a certificate of title. That's why police are unable to simply say one person is the owner and the person who appears to be in possession has to leave.
Start with making the production of a fake lease a felony. That would make it a much more risky proposition for the squatters.
Yes, I've suggested elsewhere that we need to amend the criminal trespass statute so that if a person is a bad faith trespasser, then it would be a felony offense instead of a misdemeanor. That way, an officer handling a call of reported squatters could tell them, I'm not going to throw you out, but I'm going to require you to show me a valid ID, and, if we determine later that you have no right to be here, you may be charged with felony trespassing.
Irish 2.0
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Add a minimum of 2yrs upon conviction too. Any plea deal still requires 6mos. Enough ****ing around playing **** around. Put teeth to the punishment.
OverSeas AG
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twk said:

Waffledynamics said:



Abbott has really impressed me as of late. Glad to see red states largely embrace sanity.
That's not the problem. The problem is that when the cops are called to a residence based on a claim of trespass by the owner, they don't have any means to determine who is entitled to possession beyond who appears to be living on the property. Sticking with the status quo in Texas will not eliminate squatting. But, it's hard to get rid of even where there is a will in the legislature to do something about it.
been reading about Squatting Rights and where they came from. Supposedly it was due to avoiding vigilante justice, (I.e. a property owner comes home and finds a squatter and shoots him), so instead, let the courts figure it out.

I get they didn't/don't want vigilante justice (I don't either). But I wonder why not reverse it. Make the squatter prove they belong there and incur the costs of our legal system, rather than the property owner?

Similar problem can arise... You are in your home and a Joe Assatelli shows up with cops and Says "THAT IS MY HOUSE" and gets you kicked out. Or a landlord plays a bad game on a legit tenant.

I think there are solutions out there, but squatters rights aren't it. Maybe there is a way to fast track this in the legal system (Notice I am saying legal system - we don't have a justice system - but that is beyond this post).

Anyway, tricky situation, but squatters should have no rights other than basic human rights.
twk
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It's really not a matter of squatter's rights, it's about what you expect out of a police officer responding to one of these calls. I do a fair amount of real estate litigation, and there are instances I've read about where I would not be able to make a determination on the spot as to who is entitled to possession, beyond determining who appears to be living in the property. The idea of changing the criminal trespass law is to raise the stakes for squatters, and get them to leave when confronted, rather than the owner having to take 3 weeks or more to see an eviction suit through to the end.
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