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Old 04-06-2012, 06:41 AM   #1
Smoggo
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Default Are there squatter's rights in NV?

Ok,This might seem as a "no-brainer" to many of you,but here was the situation: My friend who had to leave his house here in Las Vegas (he left lv and the house) had a realtor check it out and borrow the key to gain access to the house from me. The realtor returned saying the key didn't work and the locks had been changed on the front door and could see the paintmarks of changing devices.
My friend asked me to investigate the situation,which I did,right after work. I looked over the place and it seemed like there was nobody there,but I could only see the living room from the outside,all bedrooms have solar screens I could not see through at night (8:30 pm). The locks had indeed been changed on the front door and the garage door had been left partially open,although previously locked. I went through the garage and found the interior garage door unlocked.
I opened the door and went in a bit then saw what looked like bedding in the master bedroom that had all previously been removed. I had a poor quality flashlight and a kel tec p-11 with one mag (not a spare) on me at the time,so I retreated because I didn't know what might be inside the house...a person or multiple people possibly being armed.

All that said (sorry it was soo long),here is the question(s):if I had gone further and encountered someone squatting,would their right be to defend themselves from me seeing as I was the intruder? If they jumped out of nowhere,possibly unarmed,would I be in the wrong if I used lethal defensive force? Remember,the house has no lights nor power.
I do have a ccw,and all my weapons are registered and legal. Thanx for any input

<----included cuz it looks like my exwife,just slimmer lol

edit: was it weak of me to leave the place like that?

Last edited by Smoggo; 04-06-2012 at 06:44 AM. Reason: left something out
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Old 04-06-2012, 07:21 AM   #2
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Different states allow for different "squatter" rights if you will. There was a highly publicized case of a man in TX who obtained right to a property for $16 worth of paperwork.

Unless you friend is still in legal possession, the bank hasn't foreclosed or anything of the sort you would be trespassing.

Unless you felt your life was in eminent danger, you would probably on the short end of excessive force. Then it would revert back to "did he have a right to be there."

You would be in a legal $hit storm to say the least if you discharged your weapon in any scenario, provided you survive the encounter. You need to confirm who has legal right to the house first and foremost before you go back looking around and not go alone.
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Old 04-06-2012, 09:51 AM   #3
Big Cholla
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I recently spent almost a year looking at "Houses Available for Sale". I encountered three situations of a 'squatter' living in an unoccupied house. Being retired LEO, I just let METRO know via a call to 311 in each case. One guy was caught for the third! time living in a house under repossession. An active LEO friend told me that this situation was rampant all over the valley.

I am not a lawyer, but believe that if you are acting as the 'agent' of your friend, the legal owner of a property you would have every right to defend yourself in an appropriate manner while 'inspecting' the property for the owner. I would get in writing a letter from the property owner naming me as an agent-in-fact for his interest in that specific property. I would carry a copy of that letter on my person whenever visiting that property. ............. Big Cholla
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Old 04-07-2012, 08:11 AM   #4
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When I worked low income housing here after 30 days one could say that they had established residency and then you had to go through eviction proceedings.

This usually came about when subject a let deadbeat boyfriend/girlfriend shack up with them then try to get metro to toss them out. Metro typically wouldn't and then we'd file on them both for breach of lease.

Your best bet is to tell metro you're acting as an agent of the owner and want the trespassers removed. If Metro doesn't you'll have to actually file an eviction and start with a 3 day nuisance.

Thankfully Nevada and Clark County are very pro property owner/landlord.

http://www.clarkcountynv.gov/Depts/c...onProcess.aspx
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Old 03-11-2014, 09:42 PM   #5
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Damn...did somebody pissed in your corn flakes this morning ?......

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Old 03-11-2014, 10:24 PM   #6
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Damn...did somebody pissed in your corn flakes this morning ?......

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Old 03-11-2014, 10:51 PM   #7
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Yes , there are squatters rights in Nevada.

Here it is called "Adverse Possession". Look it up here for details.

http://www.leg.state.nv.us/NRSindex/A.html

For real estate, in summary:

Must be in possession for 5 continuous years.

Possession must be open & notorious. Can't sneak in & hide.

Must pay the property taxes for those 5 years.

Afterward must apply to county/court for Deed of Adverse Possession.

Actual owner can go to court and get it back anytime he discovers that Adverse Possession has been granted.

If found to be unlawful entry or possession can go to jail & be held liable.

Won't work for government owned property.


Per your question:

Self defense is self defense. As long as you had your friends permission to check out & be on the property, it should be pretty straight forward. Backing out and calling the (so called) professionals is your best bet though.
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Old 03-11-2014, 11:35 PM   #8
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Originally Posted by Gullwing View Post
I think you are lost
He's talking about the user I nuked above him. They joined just to insult all of us for shooting homeless people.


Back to topic: I agree with Joe, self defense is self defense. You're not defending your own home or dwelling, so it's not a home defense scenario. But if you have a right to be there and your fear of being harmed would excite the fears of a reasonable person, you have cause to defend yourself.

We had a case up here last month: Guy had a house listed for rent, one of the neighbors called him up to say they thought someone was in there. Homeowner went to investigate. Ended up a husband and wife were the squatters, husband was shot dead and wife wounded and ran off. Police didn't release many details initially, only to say the homeowner hasn't been charged but is cooperating with the police... I haven't seen the news updates since: http://www.mynews4.com/news/story/As...q774ztDCA.cspx
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Old 03-12-2014, 01:15 AM   #9
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He's talking about the user I nuked above him. They joined just to insult all of us for shooting homeless people.
Oh okay. Sorry Loic
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Old 03-12-2014, 01:25 AM   #10
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Default Re: Are there squatter's rights in NV?

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Oh okay. Sorry Loic
No problems buddy ;-)

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