Squatting During The 1800s

Squatting occurs when a person wrongfully settles on the real property of another without permission. Squatting was encouraged by the United States government during the early 1800s as a means to bolster land settlement in the western part of the country. Statutes referred to as “Squatter’s Rights” or “preemption laws” provided incentives to squatters by granting preemptive rights to them over others seeking to purchase the land. The Federal Homesteading Act of 1862 continued to support squatting on public tracts of land in order to develop the western frontier. This Act allowed a squatter to acquire legal title to the land when the squatter was successful in inhabiting and cultivating the land provided the squatter paid for the land being
In some cases, and prior to the running of the statute of limitations, the valid owner of real property can seek to remove an adverse possessor as a trespasser. At the same time however, adverse possession can also deprive “the owner of his right to evict the trespasser.” Despite a homeowner’s right to remove the trespasser during the statutory period, a court may grant legal title to the possessor regardless of the person’s original status as a trespasser once the statute of limitations has run.
A homeowner may consider whether he or she can remove the squatter on their own—that is, without the assistance of police or the judicial system. Historically, removal by force was the “sole remedy” and “if one did not do so promptly one lost the right” to the title of the land. However, entry by force is no longer a viable option for the owner of the property.
Police may direct a homeowner to the court system to obtain a judicial determination in order to remove a squatter. The homeowner would have to file suit and procure a favorable judgment in order to oust a squatter through the court system. These proceedings are typically called a “summary proceeding” or a “summary eviction