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The Scuppers This is a new forum for the not necessarily fishing related topics... |
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05-02-2008, 03:32 PM
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#1
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Registered User
Join Date: Apr 2007
Posts: 152
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Some quick law searches resulted this
There is under Massachusetts law (MGL ch.
260, sec.21), a way that you could acquire a property by
moving into it and “squatting”. Squatter’s Rights are
legally known as Adverse Possession. Under the law of
adverse possession, one can lose their real property to
another. The doctrine of this law is one that discourages
disuse of property, thus, if property was abandoned, and
someone else “squatted” on it for a number of years, the
squatter could gain ownership over the land
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But I think this has more to do with long time use
This really isn't squatting or a rental issue
this would be viewed by most law officials as an unwanted house guest that refuses to leave....
The facts are simple
A) Your father did invite him.... and it wouldn't be a he said she said thing he most likely has a key...
B) He hasn't broken any laws (being rude isn't illegal but man i wish it was)
Its not illegal to not leave after being invited... It would probably be easier to get rid of him if he was renting.... The system has firm laws for that....
luckily for your father since he isn't renting. He can simply wait till the guy leaves and change the locks..... Its a pain and costly but prob the simplest way to end this.....
But if you wanted to taking him to small claims court you could for damages and us of utilities but all and all you would only be able to sue for a few hundred and you would be better off saving a days pays because the guy sounds like a loser and most likely wouldn’t’ show up….
I wouldn’t recommend a violent means to remove him…. It would probably just cost you more in the end
The most sensible way is to wait till he goes and change the locks……
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05-02-2008, 04:18 PM
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#2
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Jiggin' Leper Lawyer
Join Date: Oct 2000
Location: 61° 30′ 0″ N, 23° 46′ 0″ E
Posts: 8,158
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Quote:
Originally Posted by Bishop169
Some quick law searches resulted this
There is under Massachusetts law (MGL ch.
260, sec.21), a way that you could acquire a property by
moving into it and “squatting”. Squatter’s Rights are
legally known as Adverse Possession. Under the law of
adverse possession, one can lose their real property to
another. The doctrine of this law is one that discourages
disuse of property, thus, if property was abandoned, and
someone else “squatted” on it for a number of years, the
squatter could gain ownership over the land
--------------------------------------------------------------
But I think this has more to do with long time use
……
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Yeah--like 20 years or so worth of use. Continuous, open and under a claim of some right. It usually applies to things like fences that are 6" on the wrong side of the property line, not to a squatter living in someone else's house and not paying a dime in taxes on it.
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Wise men speak because they have something to say; Fools, because they have to say something.
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05-02-2008, 04:43 PM
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#3
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Registered User
Join Date: Feb 2003
Location: Hyde Park, MA
Posts: 4,152
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Here's a question: Who has been paying the utility bills?
What if you had the gas/power/phone all discontinued?
Since there is no "rental agreement", are you required to provide these utilities for "non-rental" properties?
One other option, although it may be difficult to arrange, would be to have members of the S-B community suddenly "move in" and take up additional residence. The presence of (many) responsible people might be enough to "flush" this turd out.
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05-02-2008, 04:51 PM
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#4
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Registered User
Join Date: Oct 2005
Posts: 2,038
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Take him for a ride...
maybe out to dinner to discuss how to help him get back on his feet.
While you are gone with him have family and friends pack up his things in some storage bins. Change the locks while you are out.
Drop him off at the local flea bag hotel, along with all his things, in a prepaid room.
While a definite jerk, he is still a human in need of help, not more hurt.
J M $.02,
Woody
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05-02-2008, 05:29 PM
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#5
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Moderator
Join Date: May 2003
Location: Marshfield, MA
Posts: 6,267
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get that friggen sister involved....and Woodys plan sound good...Im sure the guy needs help, not a beatin'.....except I'd drop him at the sisters with his cat & dog....
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Live at Leeds
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05-02-2008, 06:23 PM
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#6
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Retired Surfer
Join Date: Dec 2000
Location: Sunset Grill
Posts: 9,511
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tenanst
Seven days or less all you have to do is tell them to get out, and then move them if they don't.
Thirty days or less give them written notice they have to leave and then move them if they don't.
Beyond thirty days it becomes more difficult. 34 years I have been dealing with this bull@$%t. We have many rooming houses in the town I work in. Dealt with this all the time, and still do almost daily. It came to a head years ago when the Willow Motel was still up and running. They used to rent to the alcohol addicted people who could make thier monthly kiss in the mail last about two weeks. Then it was adios from the manager/owner of the motel. I got called up there one sunday and they wanted me to throw this drunk out, because he was drunk and no other reason. Well the problem to the owner wasn't that the guy was an alcoholic (and a severe one at that), but that he had run out of money, (owner lied to me). Police officers cannot participate in civil issues only to keep the peace. If I started throwing out people who can't afford rent then I be nothing but a hried gun. And besides being a debtor is not a crime, in an d of itself. So I go and talk to the guy who is drunk. He has no feet. If you looked at the end of his leg, it was a straight shot down. No instep, toes, arch, nothing. He lost it to frostbite a couple of years before. He is drunk, no doubt about it. I asked him if he had anyplace to go and he says no. Oh by the way, he was a veteran. I asked him what the problem was with the owner. He says the owners wife is pissed because he ran out of money. I walk over to the office and inside there were four couples all having Sunday cocktails, it seemed maybe they were on about thier third drink themselves. I told the owner and his wife that I wasn't taking the guy anywhere. He is drunk as you reported, but that wasn't a problem as loong as he had money for the room. I told them you took his money for the fourteen days he was here in the filthy room, that they could let him stay until tomorrow when the weather clears. Across the room in the office living room area where all the people were, this beyotch starts with the, "I pay your salary, don't you know who I am, I'll have your ass in the morning, you'll take him somewhere or else". I said no I wasn't and walked out. Husband/owner follows me out the door and apologizes for his wife. Husband brought man to veteran's shelter. Moral of the story is, wife did complain about me, and I don't think she was sober when she did. But her complaint caused towns attorney to look at exactly what tenants and landlords could and couldn't do. The towns attorney confirmed what I did was right. At that time I had been following those rules for about twenty years, because like I said we have many flop houses in the town I work, and run into this all the time. Mant times landlords think they are going to get the local p.d. to do the eviction and that is completely illegal. Cops don't do civil process. That is done by constables in this state and many others. But like I said, seven days or under, say goodbye and throw him out. Thirty days or under, notify in writing, then throw him out. At least I received a letter from veterans group thinking me for looking out for the guy who ran out of money. The other point here is that if this guy didn't pay any money to stay there for a week or two or three, in Chatham, and is there in Chatham, because our fellow board member's father let him stay there out of the goodness of his heart then thier is no contract, hence he is an unwanted guest and tresspasser at this point. Nothing more, nothing less. Doesn't have a leg to stand on. You could throw him out and all the cops can do is stand there and watch and make sure no one beats up on each other. Keep the peace, thats all.
Last edited by Swimmer; 05-02-2008 at 07:10 PM..
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Swimmer a.k.a. YO YO MA
Serial Mailbox Killer/Seal Fisherman
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