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Curious question, do squatters have castle law rights at your house?

Discussion in 'The Okie Corral' started by razageorge, Nov 8, 2012.

  1. razageorge

    razageorge

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    This question just got me wondering if a squatter has the same rights under castle law as the original homeowner?

    I've seen it somewhere where some family took up residence in a home and the original family couldn't remove them from their home, by law.
     
  2. Batesmotel

    Batesmotel

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    In the USA it depends on the local (state, county or city) laws.

    In Salt Lake City, I got a squatters rights law removed from the books. It was from the 1850s and intended to allow horse and wagon type immigrants squat on land, build basic shelter and have access to water if they arrived late in the year. They were expected to find their own land in the spring.

    No need to have someone freeze to death and it is not going to hurt to give up a bit of land in the dead of winter.

    Some one dug up the old law and found a loophole created by modern times. They broke into an apartment I was remodeling and had the utilities turned on in their name. Now it was legally their residence. I had to evict them. They could have legally defended the residence.

    That law is now gone here but similar laws exist in other jurisdictions within the US. Great Britain is real bad.
     

  3. JW1178

    JW1178

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    Well, I think if they were living there, and someone came to rob them, then yes it would. Might give them a legal headache though.

    Now if you owned the property and they just moved in and you came to kick them out, no they wouldn't. However, there are laws about that. Call the sheriff's office.
     
  4. hamster

    hamster NRA Life Member

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    Wow that is CRAZY!

    You need this sign:
    [​IMG]
     
    Last edited: Nov 8, 2012
  5. razageorge

    razageorge

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    Okay, I do not have a squatter living in my home. There is nothing a gallon of gas can't get rid of.

    Batesmotel, could you, by happenstance, been in your dwelling and shot this dude dead while he's inside mooching and then told the cops he was trying to attack you as you were minding your own business?

    I just cant see myself being cool with some moochers sitting in my home because the law said they could. There would just be to many evil things I would react to. Hope it never happens to me.
     
  6. Bren

    Bren NRA Life Member

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    I take it you're in Europe? Here we can either have them arrested for burglary or shoot them.

    I don't know about where he lives, but in Kentucky you don't have to be attacked or in danger - if you live in the house, you can just shoot the burglar at your discretion for no more reason than to end the burglary.
     
    Last edited: Nov 8, 2012
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  7. Batesmotel

    Batesmotel

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    We had that too:rofl:

    The six-plex across the street was a well known brothel. Even had red porch lights and an open/closed sign. When the city finally shut them down they tried to rent from me.

    On changing the law, Mayor Palmer Depaulis jumped on it immediately. The city struck it from the books within days. It still took a while to kick them out.
     
  8. TBO

    TBO Why so serious? CLM

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    Shoot first, ask questions later?

    Sent from my Jackboot using Copatalk
     
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  9. redcat11

    redcat11

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    If I came home after a long deployment and find a squatter in my home. Two to the chest and one to the head "sorry officer he came at me with a knife".
     
  10. 686Owner

    686Owner NRA Life Member

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    Mind if I ask for a source on that?
     
  11. Glock&KimberLady

    Glock&KimberLady Morior Invictus Silver Member

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    In Virginia, they need to be on the property for 15 years before they can claim it, and have to be resident there (I assume with proof) for the entire 15 years.
     
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  12. RonS

    RonS Millennium Member

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    https://en.wikipedia.org/wiki/Squatting_in_the_United_States

    My boss's family lost a home after a death in a state out west, no one went to take charge, someone moved in, set up shop and somehow met whatever state requirements there were and got title to the property. I assume it was of little value or someone would have done something about it in a more timely fashion.
     
  13. Bren

    Bren NRA Life Member

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    KRS 503.080.
    (2) The use of deadly physical force by a defendant upon another person is justifiable under subsection (1) only when the defendant believes that the person against whom such force is used is:
    ...
    (b) Committing or attempting to commit a burglary, robbery, or other felony
    involving the use of force, or under those circumstances permitted pursuant to
    KRS 503.055, of such dwelling;


    Then for the definition of burglary,
    KRS 511.030, "A person is guilty of burglary in the second degree when, with the intent to commit a crime, he knowingly enters or remains unlawfully in a dwelling."

    In Kentucky, for example, even an invited guest becomes a burglar if he refuses to leave, with the intention of committing a crime.
     
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  14. 686Owner

    686Owner NRA Life Member

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    Thanks.

    I saw that and had read that as the burglary had to involve the use of force.

    I've often heard that you could shoot someone in Texas for theft, I've never heard the same said about KY.
     
  15. silentpoet

    silentpoet

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    Deadlifters do, but not squatters.
     
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  16. MooseJaw

    MooseJaw NRA Lifer CLM

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    Don't forget Benchers..
     
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  17. HollowHead

    HollowHead Firm member

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    In Wyoming, if you do nothing to boot their asses off over a set period of time, it's theirs. HH
     
  18. 2bgop

    2bgop

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    Here is the relevant Missouri Statue:

    563.031. 1. A person may, subject to the provisions of subsection 2 of this section, use physical force upon another person when and to the extent he or she reasonably believes such force to be necessary to defend himself or herself or a third person from what he or she reasonably believes to be the use or imminent use of unlawful force by such other person, unless:

    (1) The actor was the initial aggressor; except that in such case his or her use of force is nevertheless justifiable provided:

    (a) He or she has withdrawn from the encounter and effectively communicated such withdrawal to such other person but the latter persists in continuing the incident by the use or threatened use of unlawful force; or

    (b) He or she is a law enforcement officer and as such is an aggressor pursuant to section 563.046; or

    (c) The aggressor is justified under some other provision of this chapter or other provision of law;

    (2) Under the circumstances as the actor reasonably believes them to be, the person whom he or she seeks to protect would not be justified in using such protective force;

    (3) The actor was attempting to commit, committing, or escaping after the commission of a forcible felony.

    2. A person shall not use deadly force upon another person under the circumstances specified in subsection 1 of this section unless:

    (1) He or she reasonably believes that such deadly force is necessary to protect himself, or herself or her unborn child, or another against death, serious physical injury, or any forcible felony;

    (2) Such force is used against a person who unlawfully enters, remains after unlawfully entering, or attempts to unlawfully enter a dwelling, residence, or vehicle lawfully occupied by such person; or

    (3) Such force is used against a person who unlawfully enters, remains after unlawfully entering, or attempts to unlawfully enter private property that is owned or leased by an individual, or is occupied by an individual who has been given specific authority by the property owner to occupy the property, claiming a justification of using protective force under this section.

    3. A person does not have a duty to retreat:

    (1) From a dwelling, residence, or vehicle where the person is not unlawfully entering or unlawfully remaining;

    (2) From private property that is owned or leased by such individual; or

    (3) If the person is in any other location such person has the right to be.

    4. The justification afforded by this section extends to the use of physical restraint as protective force provided that the actor takes all reasonable measures to terminate the restraint as soon as it is reasonable to do so.

    5. The defendant shall have the burden of injecting the issue of justification under this section. If a defendant asserts that his or her use of force is described under subdivision (2) of subsection 2 of this section, the burden shall then be on the state to prove beyond a reasonable doubt that the defendant did not reasonably believe that the use of such force was necessary to defend against what he or she reasonably believed was the use or imminent use of unlawful force.
     
  19. Bren

    Bren NRA Life Member

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    Not in Kentucky. Deadly force is authorized to stop a person from unlawfully entering (or remaining) to commit any crime - stealing a loaf of bread off the counter. My wife actually wrote the only published Kentucky case on it, while working for a Supreme Court justice. The defendant's attorney in that case recently asked me for a job - after seeing his trial tapes from the case, I didn't give him one.

    “Dwelling” is defined as “any building or structure, though movable or temporary which is for the time being either totally or partially the defendant's home or place of lodging.” Thus, with the Penal Code's broadening of burglary to include unlawful entry for any crime—rather than limiting it to felonies—and from a literal reading of KRS 503.080(2)(b), “a dweller is privileged to use deadly force against unlawful entry for any criminal purpose (including petty theft and simple assault).” But is such a broad privilege to use deadly force what the General Assembly intended?"
    . . .
    "[W]e must hold that the General Assembly intended the literal meaning of the statute, even though in so doing it “authorize[d] an incredibly generous use of deadly force, far beyond what one would expect under a policy that puts a high premium on the value of human life.”
    . . .
    "Because KRS 503.080(2)(b)'s privilege of protection against burglary “is broader than the privilege to use deadly force in the protection of [one]self [under KRS 503.050], in that under [KRS 503.080(2)(b) ] a defendant need not believe such force necessary to protect against death or serious physical injury,” we hold that the failure to give the protection against burglary instruction was reversible error.


    Mondie v. Commonwealth, 158 S.W.3d 203, 209–10 (Ky. 2005)