Squatter Law

[hawaii77]

I wanted to thank everyone for their reply. It was helpful!! Does anyone know the statue on "squatters rights/ removal of" or where i might be able to find it

Thank you

[whtviper1]

Originally Posted by hawaii77

Does anyone know the statue on "squatters rights/ removal of" or where i might be able to find it

There is no statute - squatters don't have rights in Hawaii - call the police, they will be arrested for trespassing.

[terracore]

Originally Posted by hawaii77

I wanted to thank everyone for their reply. It was helpful!! Does anyone know the statue on "squatters rights/ removal of" or where i might be able to find it

Thank you

For those who can't use the "back" button:

There is no such thing as "squatter's rights". Squatting is a criminal activity, and there is no "loophole" that says if you break the law for 20 years, you own the property. The law that people are referring to is:

2013 Hawaii Revised Statutes
TITLE 36. CIVIL REMEDIES AND DEFENSES AND SPECIAL PROCEEDINGS
657. Limitation of Actions
657-31.5 Adverse possession.



Universal Citation: HI Rev Stat § 657-31.5 (2013)

Law Journals and Reviews
The Statutory Elements of Hawaii's Adverse Possession Law. 14 HBJ No. 2 Summer 1978, pg. 67.
§657-31.5 Adverse possession. In an action under this part where the person defending the action claims by adverse possession in excess of the period of limitation, said claim can only be made:

(1) If the real property which is the subject of the action is five acres or less; and

(2) Where the person claiming by adverse possession has not asserted any similar claim, in good faith, within the past twenty years; however, this shall not include similar claims made before November 7, 1978.
However, any person defending an action under this part may claim adverse possession if that person's time period of adverse possession of the land exceeded twenty years prior to November 7, 1978, or exceeded other earlier applicable time periods of adverse possession. [L 1979, c 157, §2]
Cross References
Constitutional provisions, see Const. Art. XVI, §12.

The principle of adverse possession allows you to assume the title on a property if you occupy it for a certain length of time without challenge. To establish adverse possession of a home in Hawaii, you must occupy the home for 20 years, and that occupancy must be "actual, continuous, hostile, exclusive, open and notorious." "Actual" and "open and notorious" mean you lived there as if you owned the place, making no attempt to hide it and doing the things an owner does, such as maintaining the property and paying the bills. "Continuous" means you lived there the whole time. "Hostile" means you lived there without clear title to the land. And "exclusive" means the home was on private, not public land, and you didn't share the property with someone else who may claim title.

The purpose of the law is NOT that a squatter can eventually gain ownership of the land. The purpose of the law was that people of have a legal right to the land can have it. For example, lets say I have no children. I hire you to work on my farm and our agreement is that after 15 years of being my farm hand the ownership will pass to you, and you will continue to work the land but I have legal right to stay there rent free until I die. In this case there is an implied ownership by two people, depending on how the lifespans work out. So as the farm owner I die after 15 years. The land is yours. 10 years later a long lost cousin can't come and kick you off your land, because you have been living there for 20 years with the understanding the land is yours. Not because you're a criminal.

Another example is that somebody sold you property and they didn't have clear title to do it. (We have title insurance for that now, but that was not always the case). You build a house on the land, you pay property taxes, you do all the things legal owners would do. 19 years later the real owner comes by and demands the land, the home you built on it, and all the improvements. It's his. After 20 years, it's not. It may not be entirely yours either. A court would have to decide that. You can't go to the county title office and say "I've been living on this property 20 years, now give me the title". You have to bring a quiet title action in the courts to wrestle the title from whoever is the current deed holder.

There is no "squatters rights/ removal of" provision because there are no squatters rights. They are trespassing. Call the police.