A California man has reclaimed his late mother's home from squatters by moving in himself and filming the encounter, a tactic that has sparked debate online. Flash Shelton, a handyman, took action after a family he described as squatters broke into the vacant property in Northern California.
How the property was reclaimed
Shelton's mother had left the house empty following the death of his father, as she did not feel mentally or physically able to live there alone. In a YouTube video, Shelton explained that the family, believed to include a grandmother, parents, teenagers and young children, had entered through the back door before moving into the property.
He reclaimed the house by waiting outside until everyone had gone out, then letting himself in with his key. He fitted cameras throughout the home, gathered photographic evidence of the squatters' belongings and waited for them to return. "If they could take a house, then I could take a house," he said. "They're the squatter, and they have rights. Well, then, if I become the squatter on the squatter, then I should have rights, right?"
Why he avoided the courts
Shelton initially contacted the police but decided to try his own approach after hearing "horror stories about how the legal system gives the squatter more rights than the homeowner." He said: "I decided to come up with a way on my own to get them out in less than a day. Even though you're at your house, and you're paying the mortgage... at some point, squatters feel like they have more rights than you, so they don't have incentive to leave until a judge tells them to. And that could take months, six months, it could take years. I don't know. I didn't want to take that chance."
In an update, he addressed criticism that he did not show the squatters' faces, saying: "People are upset that I didn't show faces. I purposely edited the video to not show the minor - but the bottom line is, I wasn't doing this [filming the video] to ruin somebody's life. I didn't post her name, I cut the video off, I didn't show the name tag on her uniform, I did this to show what my experience was."
What happened when the squatters returned
Shelton said the squatters apologised to him when they returned and followed his instructions to move out immediately. He then discovered that one of the women staying in the property was a prison guard who had previously asked about renting it from him. He had turned her down because she said she had no credit or cash.
At the end of the video, he urged caution, saying: "I don't suggest that everyone take a chance like I did on their own. It's worth noting that I have had special training, a license to carry, and was prepared for whatever situation was to arise. The men and women I had to deal with remained peaceful and that may not always be the case. If you ever have a situation like this, it is best to expect the worst and you will be prepared."
Legal rights for homeowners in the UK
In the UK, a long-term squatter can apply to become the registered owner of a property they have occupied without permission. This can apply if the squatter has occupied the property continuously for 10 years, or 12 years if it is not registered with HM Land Registry, has acted as its owner throughout that time, and did not have the owner's permission to be there.
To remove a squatter, homeowners must use an interim possession order (IPO) or make a claim for possession. A Government statement reads: "Do not try to remove the squatters yourself using force or the threat of force - you're committing a crime if you do." An IPO can be applied for if it has been 28 days or less since the occupation was discovered, and once served, squatters must leave within 24 hours and stay away for 12 months. Those who fail to do so can be sent to prison. An IPO cannot be used if the homeowner is also claiming damages for harm caused by the squatters, nor to evict former tenants, sub-tenants or licensees.
