Squatting

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For other uses, see squat.
The Chien Rouge in Lausanne, a squat held in the old hospital.
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The Chien Rouge in Lausanne, a squat held in the old hospital.

Squatting is the act of occupying an abandoned or unoccupied space or building that the squatter does not own, rent or otherwise have permission to use. Squatters often claim rights over the spaces they have squatted by virtue of occupation, rather than ownership; in this sense, squatting is similar to (and potentially a necessary condition of) adverse possession, by which a possessor of real property without title may eventually gain legal title to the real property.

Contents

[edit] Overview

Graffiti found in Málaga, Spain of the international squatter's symbol.
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Graffiti found in Málaga, Spain of the international squatter's symbol.

To squat in many countries is in itself a crime; in others it is only seen as a civil conflict between the owner and the occupants. Property law and the state have traditionally favored the property owner. However, in many cases where squatters had de facto ownership, laws have been changed to legitimize their status. It is said that the United States Homestead Act is an example of such legislation although this law in fact legally recognized the concept of homesteading and distinguished it from squatting since it gave homesteaders permission to occupy the government's lands. Additionally, US states which have a shortage of housing tend to tolerate squatters in property awaiting redevelopment until the developer is ready to begin work; however, at that point the laws tend to be enforced. In colonial America, a squatter was a man who farmed a piece of land, but didn't own it.

Urban migration has driven global estimates of the number of squatters over one billion people, with 200,000 added every day. In many of the world's poorer countries there are extensive slums or shanty towns, such as the favelas of Brazil, typically built on the edges of major cities and consisting almost entirely of self-constructed housing built on terrain seized and occupied illegally. Also, common in many of these same countries are rural squatter movements, such as, again taking a Brazilian example, the Landless Workers' Movement.

Besides being residences, a few squats are hosts to give-away shops, pirate radio stations and even cafés. In latin countries like Spain and Argentina, squatters receive the name of "okupas" (in Argentina there was even a popular TV show under that name) and eventually tend to form tiny but solid communities.

[edit] Squatting in Australia

In Australian history, "squatter" referred to those who occupied large tracts of Crown Land in order to graze livestock.  The subject is covered in a separate article: Squatting (pastoral).

In a more modern context the term's meaning in Australia, especially in an urban context, is identical to the British usage.  In rural areas of Australia, however, the term 'squatter' is still used to describe the owner of a large landholding.

[edit] Squatting in Germany

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[edit] Berlin

In East Germany, all business and commercial enterprises were owned by the government. After German reunification, many state-run enterprises folded and left vacant buildings behind, many of which were occupied by squatters, some in newly desirable areas of central Berlin such as Mitte.

[edit] Squatting in the Netherlands

In the Netherlands, if a building is not in use for twelve months and the owner has no pressing need to use it (such as a rental contract starting in the next month), then it can be legally squatted. The only illegal aspect would be forcing an entry, if that was necessary. When a building is squatted it is normal to send the owner a letter and to invite the police to inspect the squat. The police check whether the place is indeed lived in by the squatter - in legal terms this means there must be a bed, a chair, a table and a working lock in the door which the squatter can open and close.

In June 2006 two ministers from the Dutch government (Sybilla Dekker and Piet Hein Donner) proposed a plan to make squatting illegal. [1] Other ministers, such as Alexander Pechtold, were not in favour of this plan. Representatives of the four largest Dutch cities wrote a letter stating that it would not be in their interest to ban squatting.[2] Squatters nationwide made banners and hung them on their squats in protest.[3]

[edit] Squatting in South Africa

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Squatting has been widespread in South Africa for years. Squatters tend to live in large shantytowns [6] that are usually called informal settlements or squatter camps on the outskirts of the larger cities, often near townships. Many buildings, particularly in the inner-city of Johannesburg have also been occupied by squatters. Property owners or government authorities can usually evict squatters after following certain legal procedures.

[edit] Squatting in the United Kingdom

The "Square Occupied Social Centre" [5], a squat in Russell Square.
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The "Square Occupied Social Centre" [5], a squat in Russell Square.

[edit] England and Wales

In England and Wales, the term 'squatting' usually refers to occupying an empty house in a city. The owner of the house must go through various legal proceedings before evicting squatters. Squatting is regarded in law as a civil, not a criminal, matter. The squatter legally occupies the house and then the owner must prove in court that they have a right to live in the property and that the squatter does not, whilst the squatter has the opportunity to claim there is not sufficient proof or that the proper legal steps have not been given.

In order to legally occupy a house, a squatter must have exclusive access to that property, that is, be able to open and lock an entrance. The property should secure in the same way as a normal residence, with no broken windows or locks.

The legal process of eviction can take a month or longer, perhaps even years. This is what happens when the property is owned by a council or a housing association. Private landlords have been known to use various intimidatory methods to convince a squatter to move out or indeed, to pay squatters to leave.

Local Council planners, who are facing rising court costs when evicting squatters (because their resources cannot stretch to renovating their own properties) often resort to taking out the plumbing and toilets in empty buildings to deter squatters.

To show that the occupier of the squatted building is in fact in physical (and legal) possession of the property, squatters often put up a legal document known as a 'Section 6', a copy of which is often displayed on the front door. Doing so affirms that there are people living there and they have a legal right to be there. It also makes clear that anyone - even the technical owner of the property - who tries to enter the building without permission is committing an offence.

Some properties are still occupied by squatters who have resisted eviction for 20 years. Squatters have a right to claim ownership of a dwelling after 12 years of having lived there if no one else claims it, by adverse possession under common law. In practice this can be difficult, since the squatter must prove in a court of law that he or she has lived in the building continuously for the whole twelve years. For example, St. Agnes Place in London had been squatted in for 30 years until the 29th of November, 2005, when the Lambeth Council evicted the entire street. [4]

The most empty homes in the UK are in Birmingham (17,490), Liverpool (15,692) and Manchester (14,017). The North-West area of England has the most empty homes (135,106), which is close to 5% of its housing. The least empty homes are in the South-East and the East of England, but there are currently thousands of empty homes in London, as house prices are soaring above the level of income that most people earn.[citation needed]

[edit] History

In 1649 at Saint George's Hill, Walton on Thames in Surrey, Gerrard Winstanley and others calling themselves The True Levellers occupied disused 'Common' land and cultivated it collectively in the hope that their actions would inspire other poor people to follow their lead.[5] Whilst the Levellers, later known as the Diggers were perhaps not the first squatters in England their story illustrates the heritage of squatting as a form of radical direct action.

More recently there was a huge squatting movement involving ex-servicemen and their families following World War II. This involved thousands of people occupying sites as diverse as former military bases and luxury apartment blocks in West London.[6]

[edit] Scotland

Squatting is a criminal offence in Scotland, punishable by a fine or even imprisonment. The owner or lawful occupier of the property has the right to eject squatters without notice or applying to the court for an eviction order, although when evicting they cannot do anything that would break the law, for example use violence. [7]

[edit] Squatting in the United States

In the United States, squatting laws vary from state to state and city to city. For the most part it is rarely tolerated to any degree for long, particularly in cities. Laws based on a contract ownership interpretation of property make it easy for deed holders to evict squatters under loitering or trespassing laws. The situation is more complicated for legal residents who fail to make rent or mortgage payments, but the result is largely the same. Most squatting in the U.S. is dependent on law enforcement and the person legally considered to be owner of the property being unaware of the occupants. Often the most important factors in the longevity of squats in the US are apathy of the owner and the likeliness of neighbors to call police. The most common tactic to accomplish this is not to be seen going in and out, which doesn't always make American squats as sustainable as those in many other countries. This was not always the case, particularly in the era of Westward expansion, wherein the Federal government specifically recognized the rights of squatters. For example, see the Preemption Act of 1841.

Squats used for living in can be divided into two types (although they are not absolutes): So-called "back window squats" (the most common type, in which occupants sneak in and out of the building with the intent of hiding that they live there), and "front door squats" (where the occupants make little or no effort to conceal their comings and goings). Many squats may start out as one or the other and then change over time. Frequently squatters will move in and then later assess how open they can be about their activities before they approach the neighbors; others will not move into a place until they have first met and discussed the idea with the neighbors. The difference between the two types can be signs of vast differences in philosophies of squatting and its purpose, how long the occupants plan to be around, and on the atmosphere of the neighborhood, among many other factors.

[edit] Squatted social centres

Although acting as a home is their primary use, there have been nearly as many different things happening in squats as there has been in rented/owned property. Cafés, bars, libraries, free shop[s], swaps shops and gyms have all been created, with many squats also holding parties and concerts. Squatted social centres are often a combination of many things that happen in one space with the aim of creating a space for people to meet in a non-commercial setting, whether it be for a party, political workshop, to see a film, have a drink or have breakfast. There are many squatted social centres around the world but they exist mainly in countries where squatting is legal.

[edit] Notable and well known squats

Austria

Belgium

Brazil

Canada

  • Chang Sang-Min Haus, Kingston
  • False Creek, Vancouver
  • Woodwards Squat
  • Frances St. Squats

Czech Republic

  • Ladronka (evicted)
  • Milada
  • Stare Stresovice (evicted)

Denmark

Finland

France

Germany

Greece

Italy

Lithuania

Mozambique

The Netherlands

Norway

Poland

Slovenia

Spain

A squat in Viladecans (Spain)
Enlarge
A squat in Viladecans (Spain)

Sweden

  • Ladonia
  • Mullvaden (evicted 1978)
  • Taråberg (evicted 1980)
  • Borgen (evicted)

Switzerland

The Chien Rouge in Lausanne, a squat held in the old hospital.
Enlarge
The Chien Rouge in Lausanne, a squat held in the old hospital.

United Kingdom

  • Principality of Sealand (on HM Fort Roughs, a wartime sea-fort)
  • The ARC, London (now evicted) (art house 1990)
  • A-Spire, Leeds
  • ASBO Community Centre [20], Nottingham (Squatted council housing turned into community centre)
  • RampART Social Centre, London
  • The Circle Community Centre [21] (a community center opened in November 2004 in London, now evicted)
  • The Nursery Occupied Social Centre [22], Birmingham (a squatted council day nursery transformed into a social centre. The collective left the building on their own terms in 2005, on the condition that the council return the building to social use)
  • The Cottage Occupied Social Centre [23], Birmingham (a squatted community youth centre shut by the city council. The collective along with local people are seeking to compel the council to re-instate the community/youth centre)
  • Medina House, Hove, Sussex
  • St Agnes Place, London (evicted 2005)

United States

[edit] Notable Squatters

[edit] See also

 Wikimedia Commons has media related to:

[edit] External links

[edit] References

  1. ^ http://www.nu.nl/news/750453/11/Kraken_wordt_strafbaar.html
  2. ^ http://www.nu.nl/news.jsp?n=742490&c=11
  3. ^ http://www.indymedia.nl/nl/2006/06/36908.shtml
  4. ^ http://news.bbc.co.uk/2/hi/uk_news/england/london/4481284.stm
  5. ^ [1]
  6. ^ [2]
  7. ^ http://scotland.shelter.org.uk/advice/advice-2624.cfm
  • Waterhouse, Richard (2005). The Vision Splendid: A Social and Cultural History of Rural Australia, Fremantle, Curtin University Books
  • Survival Without Rent a NYC how to guide originally published in 1986 and reprinted in 1989 published by The Shadow Press.
  • War In The Neighborhood – a Graphic Novel about squatting on New York City's Lower East Side in the 1980's by World War 3 Illustrated artist and editor Seth Tobocman published by Autonomedia.
  • No Trespassing! An international study of squatting and land takeovers by Anders Corr published by South End Press
  • 949 Market - a 2002 zine by a group of people who squatted an abandoned pool hall in a very public way and created a community center in San Francisco. $2-3 cash to: Lara, 3288 21st St. PMB #79, San Francisco, CA 94110
  • Cracking the Movement a history of Amsterdam squatters published by Autonomedia.
  • Conley, Brooke. Claiming Place: Squatter Movements in Berlin and Philadelphia Thesis abstract, Bryn Mawr, 2001. Also online.

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