ABSTRACT
This article sheds light on the deeply ingrained injustices within property laws that deny many individuals their fundamental right to occupy space. It begins with the historical theft of land from Indigenous peoples, a traumatic legacy that set the precedent for the systemic erosion of property rights throughout American history. The article critiques the modern legal landscape, where tenants struggling with eviction face insurmountable hurdles due to flawed notice requirements, while squatters – who unlawfully occupy property – can eventually gain legal rights after a period of occupation. Meanwhile, the most vulnerable – unhoused individuals simply trying to find shelter – are criminalized for meeting a basic human need.
The glaring contradiction between how squatters are treated and how the homeless are punished exposes a legal system that prioritizes property over people. Squatters, despite their unlawful occupation, can eventually claim rights to land, while unhoused individuals, forced by circumstance to rest in public spaces, are penalized with fines, citations, or even jail time. This article passionately argues that these legal inconsistencies are not just legal flaws but a moral failing, only deepening the cycle of poverty and displacement.
By exposing these disparities, the article calls for urgent legal reforms to ensure that the right to occupy property is not a privilege reserved for the fortunate few, but a basic human right for all. It demands changes to eviction processes, squatter laws, and policies surrounding homelessness, urging society to reframe its approach to property law through the lens of fairness, compassion, and equity. Ultimately, the fight for the right to occupy property is a fight for justice, dignity, and the survival of every person, regardless of their circumstances.
James, Olecia, Claiming What’s Ours: Rights and Realities in Property Disputes (January 7, 2025).
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