Portland homebuyer finds locks changed, home occupied

[Cissy]

http://www.kptv.com/story/26343399/m...-home-occupied

PORTLAND, OR (KPTV) -

A Washington man who recently closed on a home in Northeast Portland was shocked to find a family had recently moved in and changed the locks.

Rod Nylund said he learned about the occupants, who he assumes are squatters, last week when a contractor he sent to do work at the home called to tell him it was occupied. Nylund called police and confronted the occupants, but said the officer was unable to do anything about it.

Nylund said his realtor found out the couple had not only changed the locks, but started utility service at the home in their names.

"It's kind of like buying a car and you walk out to get in it and somebody's sitting in there," said Nylund.

Nylund's realtor, Kim Spiess, said the home's previous owner has no idea who is currently living in the home, or how they got there.

Neighbors, who asked not to be identified, said they noticed the couple had recently moved into the home, which is near NE 170th and Glisan, after it had been standing vacant for several months.

Nylund said he has tried to communicate with the occupants, even offering them money to move out, but has had no luck.

"These people are pretty sharp," said Nylund. "They turned the power on 30 days prior to moving into it, and they paid the power bill while the home was vacant."

Gresham police confirmed an officer responded to a call for squatters at the residence, but could not provide details on the outcome of the response.

The home's occupants answered a knock on the door Thursday, but would not comment about the situation.

According to John Henry Hingson, a Portland-area attorney, Nylund will have to go to court to remove the home's current occupants by filing a forcible entry and detainer action.

Nylund said he will be contacting his own attorney to try to claim his property.

[phill4paul]

http://www.oregonlaws.org/ors/161.219

§ 161.219¹
Limitations on use of deadly physical force in defense of a person
Notwithstanding the provisions of ORS 161.209 (Use of physical force in defense of a person), a person is not justified in using deadly physical force upon another person unless the person reasonably believes that the other person is:

(1) Committing or attempting to commit a felony involving the use or threatened imminent use of physical force against a person; or
(2) Committing or attempting to commit a burglary in of a dwelling; or
(3) Using or about to use unlawful deadly physical force against a person. [1971 c.743 §23]

[Kotin]

Go back with a shotgun and kick them out of your house.. Pretty simple.. It's your property..

[Anti Federalist]

Go back with a shotgun and kick them out of your house.. Pretty simple.. It's your property..

Hahahahahahahahah...

That's when Officer Friendly WILL do something about it.

but said the officer was unable to do anything about it.

[Kotin]

Cops will raid people's houses SWAT style for marijuana but will do nothing to remove actual trespassers and property rights violators?? And this guy could get punished for defending his property from this scum?? Again, remind me why we have police at all? Abolish them. They will kill your dog and then do nothing to remove trespassers.

[Anti Federalist]

Cops will raid people's houses SWAT style for marijuana but will do nothing to remove actual trespassers and property rights violators?? And this guy could get punished for defending his property from this scum?? Again, remind me why we have police at all? Abolish them. They will kill your dog and then do nothing to remove trespassers.

Ah...yeah, that.

[CaseyJones]

Swat the house, say you smelled meth

[Cleaner44]

There is a very simple solution...


The owner should go into his house and make himself at home. What are the squatters going to do, call the cops?

[Schifference]

There is a very simple solution...


The owner should go into his house and make himself at home. What are the squatters going to do, call the cops?

^^This^^
Show up with a locksmith when they are out of the house and change the locks. Or just gain entry however you want it is your home and change the locks.

[Anti Federalist]

There is a very simple solution...


The owner should go into his house and make himself at home. What are the squatters going to do, call the cops?

Yes, that is exactly what they will do, call the cops and have the property owner arrested for breaking and entering.

And the cops will.

[Dr.3D]

Yes, that is exactly what they will do, call the cops and have the property owner arrested for breaking and entering.

And the cops will.

Of course they will, breaking and entering is illegal.

[CPUd]

It's harder than you might think to get out a squatter:

[MRK]

^ Meh, looks like the yuppie who got walked on in the video above feels guilty he has two houses and some poor woman doesn't even have one. I bet he feels like he's doing his good deed for the day every morning when he wakes up, thinks about it and decides not to get creative and trick her out of the building. If he wanted to get her out, she would be out.

[CPUd]

^ Meh, looks like the yuppie who got walked on in the video above feels guilty he has two houses and some poor woman doesn't even have one. I bet he feels like he's doing his good deed for the day every morning when he wakes up, thinks about it and decides not to get creative and trick her out of the building. If he wanted to get her out, she would be out.

That, and bringing the lawyers in would cost more than it's worth, assuming the squatters are judgment-proof.

[thoughtomator]

squatting is less enticing when it comes with being shot at

[CPUd]

squatting is less enticing when it comes with being shot at

Depending on the state, it's illegal to do that under some circumstances. The laws usually favor the squatter.

[thoughtomator]

Depending on the state, it's illegal to do that under some circumstances. The laws usually favor the squatter.

When people have this level of offensiveness to civilized behavior and the law is an obstruction to justice, ruthless and merciless solutions are on the table.

[MRK]

It's a tricky thing all around to be sure. But I'm thinking of several things to do.

1. Camp around, wait until she's gone, bust open the locks and change them. I don't think it's breaking and entering if it's your own home and there's no one inside.

2. Cut the power from outside. Again, it's your own home, you're just doing repairs. Might be tricky in a townhouse complex like that though.

3. Just stand outside the home, and stare silently at her like the aliens in The Others. Get some friends to join in.

4. Start a community protest outside the house.

5. Forget about breaking the old lock, just put a big new padlock on the door, aim a camera at it, with the camera sitting in a parked car or stashed in a tree. If/when she tries to break the lock, she'll be on camera breaking into your house. Show the video to the police and have them haul her ass out.

[presence]

A grant holders right to property does not supercede someones possession. The grant holder's claim is legal; not in fact. The possessors claim is in fact.

Possession is the actual holding of a thing, whether or not one has any right to do so. The right of possession is the legitimacy of possession (with or without actual possession), the evidence for which is such that the law will uphold it unless a better claim is proven. The right of property is that right which, if all relevant facts were known (and allowed), would defeat all other claims. Each of these may be in a different person.


For example, suppose A steals from B, what B had previously bought in good faith from C, which C had earlier stolen from D, which had been an heirloom of D's family for generations, but had originally been stolen centuries earlier (though this fact is now forgotten by all) from E. Here A has the possession, B has an apparent right of possession (as evidenced by the purchase), D has the absolute right of possession (being the best claim that can be proven), and the heirs of E, if they knew it, have the right of property, which they cannot prove. Good title consists in uniting these three (possession, right of possession, and right of property) in the same person(s).


The extinguishing of ancient, forgotten, or unasserted claims, such as E's in the example above, was the original purpose of statutes of limitations. Otherwise, title to property would always be uncertain.

the couple had recently moved into the home, which is near NE 170th and Glisan, after it had been standing vacant for several months.

'Lands actually settled and improved, prior to the date of the entry of a warrant with the deputy surveyor of the district, shall not be surveyed; except for the owner of such settlement and improvement.'



Tench Coxe 1792
http://openjurist.org/4/us/170/the-c...tench-coxe-esq


Just because you legally own something does not mean that someone else cannot take lawful possession of it while you are away.




PRESENCE

[CPUd]

If you can't beat 'em, join 'em:

Heidi Peterson could not believe what was in her Detroit home when she returned after being away for a year. A woman named Missionary-Tracey Elaine Blair was living there. Blair refuses to leave the home, and Peterson doesn't have the means go elsewhere.

In a bizarre twist involving legal issues, both women are living in the same house: owner and alleged squatter.

"She thinks that this is a program in Detroit to take people's homes and fix them up, and then she gets to keep them," Peterson told MyFoxDetroit. Peterson said Blair changed the locks, replaced the appliances and reworked the plumbing in the older home. Peterson purchased the home in the historic Boston-Edison neighborhood of Detroit for $23,000, she said. She left last year when it was in need of repairs. Blair, a former tenant at Peterson's house, said she was evicted in February 2011. "We had to vacate because the boiler was damaged," Blair said. "I took all my books and my writings, but my (furniture was) still left in (there)."

Blair says she is not squatting and has a lease. While a squatter has no legal right to the property, the homeowner cannot remove a squatter by force, MyFoxDetroit reports. In this case, as in many others, Peterson must prove she is the rightful owner of the property in civil court and then seek eviction.

In the meantime, Blair and Peterson are living under the same roof.

LOL squatter says she is "an advocate for affordable housing"

[Keith and stuff]

Sounds like Oregon.

Oregon:
$68,929 Median Household Income
10.53% Personal Income Tax
16% Estate Tax
$22.73 Spirit Tax
5¢ Bottle Tax
May NOT Pump Own Gas

New Hampshire:
$97,547 Median Household Income
NO Personal Income Tax
NO Estate Tax
NO Spirit Tax
NO Bottle Tax
MAY Pump Own Gas

[puppetmaster]

Oregon. ...liberal puks

[oyarde]

This is what you get for buying in Portland .

[RM918]

I guess criminal trespass is one of those rare crimes that gets more legal the longer you do it, like bribing a politician.

[kcchiefs6465]

You cannot pump your own gas in Oregon? (and New Jersey, too, apparently)

That is the most incredible thing I've ever read.

What's the reason?

[CPUd]

Back in the day, there was a concern about people not knowing how to work the pumps without catching something on fire. Those 2 states just haven't repealed their laws yet.

[RM918]

Back in the day, there was a concern about people not knowing how to work the pumps without catching something on fire. Those 2 states just haven't repealed their laws yet.

Now they don't want to repeal them because gas attendants would lose their jobs.

[John F Kennedy III]

Somebody should take it to the next level. Squat AND use it as a grow house. Really rub that $#@! in when the cops arrest the actual homeowner for breaking and entering.

[John F Kennedy III]

Also I now live about 4 miles from that guy's house.

[69360]

How hard is this? Wait till they leave, bring your deed to the house a group of friends. Enter the house, remove all their stuff. If anything happens, show deed in your name and empty house. If you have the deed in your name and possession, the house is yours.