U.S. soldier finds squatters in his house Florida Sheriff says they can stay

[dmcowen674]

4-23-2014

http://news.yahoo.com/blogs/oddnews/soldier-in-battle-to-rid-home-of-squatters--florida-sheriff%E2%80%99s-office-says-it-can%E2%80%99t-do-anything-210607842.html

Soldier in battle to rid home of squatters, Florida sheriff’s office says it can’t do anything

Soldier Michael Sharkey was deployed to Afghanistan two years ago and asked a friend to watch over his house in New Port Richey, Florida. Sharkey never thought that he would have to fight a battle to save his home from ex-convict squatters.

As reported by WFLA News Channel 8, strangers broke into the home Sharkey shared with his wife Danielle, changed the locks, then moved in.

"I want the people out. They're criminals living in my house," Michael Sharkey told WFLA. “I have never spoke to these people in my life.”

Ken Doll, Pasco County Sheriff’s Office spokesperson told the station that the squatters have established residency in the home. The sheriff’s office could not force the couple to leave without a court ordered formal eviction.

Update 4-24-2014

http://www.counton2.com/story/25320...chey-soldier-dealing-with-suspected-squatters

Squatters moving out of New Port Richey soldier's home



But they left their dogs behind

 

[dmcowen674]

There are no words for the shit going on in the U.S.

My wife and I went through similar situation with house we had in Oklahoma.

Hopefully people rally around this Soldier and do the right thing.

 

[Paratus]

People living off property they don't own?

When does Sean Hannity get down there to support these guys?

 

[GoPackGo]

The US has squatters rights?

 

[irishScott]

Wait, so he still has legal ownership of the property, right? Because if so he can call 911 and have them arrested for trespassing and/or breaking and entering. Civil matter my ass, how could they legally establish residency without the deed? Something doesn't add up here.

 

[lucklessgorath]

Dosn't Florida have castle law? Just go in and shoot them. Problem solved.

 

[JEDIYoda]

Wait, so he still has legal ownership of the property, right? Because if so he can call 911 and have them arrested for trespassing and/or breaking and entering. Civil matter my ass, how could they legally establish residency without the deed? Something doesn't add up here.

Your logic doesn't add up!!
The sheriff said they could not without a court order. The sheriff`s department is called for stuff like this, not the local leo`s....

Don`t be all idiotic...it adds up perfectly!

 

[Subyman]

Wait, so he still has legal ownership of the property, right? Because if so he can call 911 and have them arrested for trespassing and/or breaking and entering. Civil matter my ass, how could they legally establish residency without the deed? Something doesn't add up here.

Its called squatters rights or adverse possession. Its a law that was made to stop people years down the line from taking a house or land away due to ownership years prior. It was needed long ago when deeds and property records were not well established. An example would be a family heading out west in the 1800's and they decide to settle on some land. They build a house, relatives come and build houses, and eventually a town forms. Then 50 years after the family moved there, they find out that someone a few years earlier officially claimed the land. It prevents the original owner from then owning an entire town.

In other words, you have to actively "defend" your property or others can take it over time. These laws start to break down these days when deeds and property ownership are easily obtainable at the court house. Losers use these antiquated laws to potentially steal homes. Its not that uncommon.

 

[Thebobo]

maybe get some cattle

 

[momeNt]

Its called squatters rights or adverse possession. Its a law that was made to stop people years down the line from taking a house or land away due to ownership years prior. It was needed long ago when deeds and property records were not well established. An example would be a family heading out west in the 1800's and they decide to settle on some land. They build a house, relatives come and build houses, and eventually a town forms. Then 50 years after the family moved there, they find out that someone a few years earlier officially claimed the land. It prevents the original owner from then owning an entire town.

In other words, you have to actively "defend" your property or others can take it over time. These laws start to break down these days when deeds and property ownership are easily obtainable at the court house. Losers use these antiquated laws to potentially steal homes. Its not that uncommon.

Yea, except this guy didn't establish residency anywhere else. He probably kept paying his utility bills, which is de facto "defending" your property. Back in 1800s these houses were abandoned. Paying your mortgage, utilities, and not trying to live anywhere else, where deployment obviously wouldn't count, just makes these sheriffs completely ignorant.

 

[Genx87]

My understanding on these laws is there is a time frame when the property can be taken over. I think in MN if a property is unused for 6 years. Paperwork can be filed to take it over.

 

[soulcougher73]

Yeah these squatters rights laws are rediculious. Like whoever thought them up should be executed they are so dumb.

 

[Jimzz]

Also it could be the person living there says he is paying rent and has a valid lease. As such the sheriff can't decide if its legal or not, that's what the courts are for.

By changing the locks and probably getting mail the sheriffs hands are tied as if you were renting and the landlord told the police no he's a squatter would you be ok being thrown out? That's why police hate these type of cases and must have a court order to tell them which way to go unless its very obvious.

In this case they have established residency in the house so the law has to be followed.

My question is where is this friend at that was supposed to be watching? If it was reported right away then residency would have not been established and it be a easy arrest for the police.

 

[Jaskalas]

Since it is his home, do castle laws apply?

Technically he could force them out himself.

 

[nehalem256]

Since it is his home, do castle laws apply?

Technically he could force them out himself.

If a Florida jury won't convict someone for killing a little kid armed with skittles do you think they would convict a serviceman for shooting someone squatting in his home? :sneaky:

Sounds like a good shoot to me.

 

[Newell Steamer]

1) Yes, this sucks,...
2) Get the court order to oust them
3) Sue for the expenses (which he probably won't win back)
4) Announce to the world who these theives are, via reddit, youtube, etc.... I mean, tell your story of what you faced after you came back from the war

 

[Genx87]

Since it is his home, do castle laws apply?

Technically he could force them out himself.

No since these people didnt break in while he was in the house. He needs to get a court order to have them removed now.

 

[TechBoyJK]

I would break in with a gun, and just sit on the couch until they left.

 

[Jaskalas]

I would break in with a gun, and just sit on the couch until they left.

If they call the police, that situation gets dangerous real fast.

But who do they kick out?

 

[TechBoyJK]

If they call the police, that situation gets dangerous real fast.

But who do they kick out?

They're thugs. They know better than to worry about 'the police'. This couple knows damn well to look out for street justice.

 

[sze5003]

This is stupid. Maybe have better friends watch the house or have a friend or family live there. Friend should not have made any agreements to let those squatters renovate the house. They need to be kicked out.

 

[JoLLyRoGer]

Unless they've been there for 7 years paying the property taxes...which they haven't as he was only gone for 2 years, then these squatters have no rights. The rightful owner has obviously laid claim to the property... This sheriff is a dumbass and should have removed these assholes because the law is clear in this instance.

http://statelaws.findlaw.com/florida-law/florida-adverse-possession-laws.html

 

[thraashman]

The reason for being unable to evict them from what I read the other day has to do with the squatters claiming there was a verbal commitment. Sure it's almost guaranteed a lie, but it's the court's place to determine that not the sheriff. The owner fears that if he does go about the process of getting a court order that the squatters will retaliate by destroying the home and costing him a lot of money.

It's quite sad that an owner has less rights to kick someone out of his own place than a bank has to repossess homes they don't even own without informing the resident (it's happened a few times that I've read).

 

[mrjminer]

This is stupid. Maybe have better friends watch the house or have a friend or family live there. Friend should not have made any agreements to let those squatters renovate the house. They need to be kicked out.

She said she never gave them permission to stay. She the male was renovating for a short period of time and when he was working he was never left alone in the house. Then, she just drove by a couple of months after the work was done and the piece of shit had apparently moved in.

She did a pretty shitty job of watching over the guy's house since it was a couple of months between her checking on it; she definitely could have done a better job. Still, the turds need to get flushed.

 

[sze5003]

She said she never gave them permission to stay. She the male was renovating for a short period of time and when he was working he was never left alone in the house. Then, she just drove by a couple of months after the work was done and the piece of shit had apparently moved in.

She did a pretty shitty job of watching over the guy's house since it was a couple of months between her checking on it; she definitely could have done a better job. Still, the turds need to get flushed.

Yea she made an agreement to let strangers renovate the house and didn't bother following up weekly. If anything I would have a family member living there or someone in the neighborhood that could check on the place daily.

If I let a friend watch over a place I don't want them making any agreements to let anyone fix anything, and if so the friend would need to stay there after the work was to be done. Bad friend.