The laws of trespassing are extensive and upon proof of violation, law enforcement can take appropriate action. In most cases of trespassing the violation is clear and easy to establish. One area, however, lacks proper protections for property owners. This is occurring when a vacant property is used by persons to establish a fraudulent occupancy of the property.

Once a fraudulent occupancy is established by a trespassing perpetrator, without the property owner’s knowledge, law enforcement is prevented from removing the trespasser. The property owner must undertake the lengthy eviction process, at great cost, to regain possession of the property.

A Case Study

After a successful listing and contract period the buyer’s Realtor scheduled a final walk-through of their soon-to-be new home for Wednesday morning. It was two days before the scheduled escrow closing on Friday. The buyers and their Realtor were satisfied with the walk through and looked forward to moving in over the weekend. The escrow closed, as scheduled, the buyer’s Realtor picked up the keys to the property from the listing agent, and went to meet the buyers at the property.

Meeting at the property, it became quickly obvious the keys did not unlock the front door. The Realtor called the listing agent regarding the failure of the keys to unlock the doors. The listing agent assured the Realtor that those were the correct keys and to try again. While trying the keys again, the door unlocked, but not by the key. A person inside the property unlocked the door from the inside. Startled but undaunted, the Realtor proceeded to enter the property but was stopped by the person inside. The person said they just rented the property, and moved in on Thursday. The Realtor called the police but were told, after much discussion, that this was a “civil matter” and they would not be able to force the occupants from the property without a court ordered eviction.

The property had been vacant throughout the entire “For Sale” and escrow period.

Analysis Every vacant real property is a possible target for illegal entry and fraudulent possession. A vacant property, that’s for sale, with a “For Sale” sign advertising the vacant status is perhaps the best target. Had the property, in the Case Study above, been a Registered Vacant Property, the buyers would not have had to go to court to obtain possession of their new home. In fact, the fraudulent tenant would most likely have moved on to another target. Had the illegal tenant gone ahead anyway with a fraudulent possession of the property, the police would have been able to arrest them for trespassing.

The Concept -How It Works

Before a real property is vacated by the current occupants, be they the owner, tenant or a newly built home, the owner registers the property as being vacant with a starting vacancy date. Once the vacancy is validated, local law enforcement can much easily arrest anyone claiming to be legally in possession of the property. Notices are also posted on the property identifying it as a Registered Vacant Property.

Conclusion

While numerous precautions are taken to protect real property, once a property is successfully trespassed against and secured, the true owner must pay to recover the property. What allows for a successful trespass is there is no advance notice of the vacant nature of any given vacant property, prior to the trespass. The Registered Vacant Property service solves this problem by establishing the vacancy independent of the property thereby allowing law enforcement to proceed regardless of the story presented to them by the trespasser

Protect your vacant property now!

A Case Study

The Concept -How It Works

Conclusion

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