This Handyman Fought Back Against Squatters - Don't Do What He Did

When handyman Flash Shelton found squatters occupying his elderly mother's California home, he hatched an unorthodox scheme to reclaim the property after police claimed they couldn't help. But while his hands-on tactic worked, experts strongly advise against taking such risks.

After the local sheriff's office said the squatters' furniture established residency rights, a tenacious Shelton assumed "squatter status" himself. By moving in and posting cameras, he forced the unwanted occupants to abandon his mom's house.

"I dissected the laws and figured out that until there's civil action, the squatters didn't have rights," Shelton told Fox Business. "So if I could switch places with them and become the squatter myself, I would assume those squatter rights."

Yet attempting to out-squat squatters poses real physical dangers and legal uncertainties. Shelton succeeded, but authorities caution against confrontations given squatters' unpredictable reactions. Despite his bravado, even Shelton admits, "I feel bad I can't help everyone."

To grasp the risks in Shelton's approach, it's important to understand the legal differences between squatters and trespassers.

Squatters inhabit properties without right or payment, gaining "adverse possession" rights if unchallenged for a period of time dictated by local laws. In some states, squatters can legally occupy a residence if the owner does not take action within as little as 7 days.

Trespassers, on the other hand, illegally enter a property through "forcible entry" and have no immediate rights. Police can promptly remove trespassers for violating loitering or trespassing statutes.

The line blurs once squatters meet adverse possession criteria in a given jurisdiction. At that point, they gain legal tenant status and formal eviction proceedings become necessary.

Given this evolution, experts warn self-help evictions nearly always create more problems than they solve:

• Laws vary widely, making it difficult to discern when squatters gain defensible rights. Acting prematurely risks illegal eviction.
• Confrontations can quickly turn violent when desperate squatters feel threatened. Evictors face grave bodily harm.
• Improper evictions open the owner to civil liability and lawsuits which can lead to substantial damages.

While some praise Shelton's gumption, legal professionals universally advise hiring a lawyer once squatters establish occupancy. The mantra is: Never take the law into your own hands.

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