Squatters are a real problem.. What is being done about it?

 The recent arrest of Georgia homeowner Loletha Hale, who was detained while attempting to reclaim her property from an alleged squatter, has brought attention to the complexities and challenges property owners face when dealing with unauthorized occupants.

In December 2024, Hale sought to regain possession of her mother's house in Clayton County, Georgia, which was occupied by Sakemeyia Johnson without Hale's consent. Despite a court ruling in Hale's favor in mid-November, Johnson remained on the property. When Hale attempted to enter the home, a confrontation ensued, leading to her arrest on charges of criminal trespass and a misdemeanor count of terroristic threats. Johnson faced no charges in the incident. New York Post

Squatting Laws in Georgia

Squatting, defined as occupying an abandoned or unoccupied space without lawful permission, has become a growing concern in Georgia. The state has seen a significant increase in squatting cases, rising from three in 2017 to 198 in 2023. New York Post

In response to this trend, Georgia enacted the Squatter Reform Act in April 2024. This legislation aims to expedite the removal of illegal occupants and restore property rights to lawful owners. Key provisions of the act include:

• Definition of Unlawful Squatting: The act establishes the offense of unlawful squatting, defining it as entering and residing on a property without the owner's consent. The Georgia Virtue

• Law Enforcement Authority: The law empowers police, marshals, and other law enforcement officials to serve owner's affidavits and remove squatters, in addition to county sheriffs.  Willie Teusink

• Counter-Affidavit Provision: Squatters are given three days to provide a counter-affidavit asserting their right to be on the property. Failure to do so can lead to immediate removal. Willie Teusink

Challenges in Enforcement

Despite the new legislation, property owners like Hale face difficulties in reclaiming their properties. The legal process requires strict adherence to procedures, and any deviation can result in complications, as seen in Hale's case. Law enforcement officials may be hesitant to act without clear legal documentation, such as a writ of possession, to avoid potential legal repercussions.

Recommendations for Property Owners

To navigate the complexities of dealing with squatters, property owners in Georgia should consider the following steps:

1. Secure Legal Documentation: Obtain all necessary court orders, including a writ of possession, before attempting to remove an occupant.

2. Engage Law Enforcement: Work closely with local law enforcement to ensure the removal process adheres to legal standards.

3. Avoid Self-Help Evictions: Refrain from taking unilateral actions to remove occupants, as this can lead to legal consequences.

4. Consult Legal Counsel: Seek advice from an attorney experienced in property law to navigate the eviction process effectively.

The arrest of Loletha Hale underscores the challenges property owners face when dealing with squatters, even with supportive legislation like the Georgia Squatter Reform Act. It highlights the importance of following legal procedures and obtaining proper documentation to reclaim property lawfully.

For a visual overview of the incident, you may find the following news segment informative:

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