The Law Allows Squatters to Legally Own Your Property
The law in Kenya allows squatters to own land legally if they claim ownership of the land. They are required to have lived there for a period of not less than 12 years. This means that a registered property owner can lose ownership if they fail to evict a trespasser within a period of 12 years.
Skeeter Imisa
Owning land without parting with a single cent is a reality and many squatters benefit from this act.
A squatter is a person who occupies a piece of land or building, without the legal right. Despite the fact that this person is staying in the property illegally, he/she is protected by the law and might end up acquiring ownership legally.
Squatters' rights referred to adverse possession, give them the right to continue to occupy the property if the original owner does not show up in a certain period of time.
The law in Kenya allows squatters to own land legally if they claim ownership of the land. They are required to have lived there for a period of not less than 12 years. This means that a registered property owner can lose ownership if they fail to evict a trespasser within a period of 12 years.
Courts usually give the title of such property to the squatter. The squatter, in this case, referred to as an adverse possessor must give proof that they acquired the property without a legal title and that the registered property owner knew that the squatter occupied the property without a title. Also, the occupation must be an uninterrupted period of not less than 12 years.
When a squatter files for ownership, the registered property owner is often not notified and most of them end up losing property unknowingly.
Squatters’ rights prevent registered property owners from using unfavorable means to get back their property as it may be chaotic.
However, there is a difference between trespassers and squatters. While occupying a piece of land unlawfully is trespassing, those referred to as trespassers are only there for a moment as they find other means. Squatters on the other hand trespass, but with the intention of making the place their permanent residence. Some squatters will even pay property tax and this will solidify their claim of ownership.
It is advised to follow the right process when evicting squatters, keeping in mind the consequences of illegal eviction.
You need to assess if they are squatters or trespassers. The laws on trespassers differ from that of squatters. One needs to find out if the persons or people are occupying the land temporarily or they have been there for a long time. If they have been there for a short period say one week or month, then the authorities such as the police can help evict them.
If you find out that the persons or people have been staying on the land for a long period of time, then you need to file for eviction. Also, file for unlawful detainer in the case where the squatter refuses to vacate even after the courts have directed that they leave.
Start the eviction process as soon as possible. You will end up losing your property if you wait for too long to file for eviction because of the adverse possession laws.
As a landowner, it is always advised to regularly visit and maintain your land. This will help you get to know any person who is trespassing.
-Edited by Emomeri Maryanne
