01-26-2010, 10:48 PM
You guys collectively have a lot of good information on situations like this ...
Request in advance, no solutions that involve threats, violence, brandishing firearms.
An old friend of both my sons, from Northern California, has been working on a small cabin in HOVE over the last decade. He comes here for three months of the winter every year and stays in it. In recent years he's been working on upgrading it to a real livable space rather than one step up from camping.
However, last year he got ripped off in a big way; all sorts of valuable materials and tools were stolen, which isn't that surprising. We have a mutual friend who goes way back as a friend and lives in HOVE year round. He tries to help but doesn't always make the best judgment calls. He found some guy who needed a place and encouraged him to stay at the cabin so it wouldn't get ripped off.
When our friend in California sent the word to make sure he was gone because he, the owner, was coming for his winter stay, the guy only moved to a different area of the property and is trying to assert some kind of squatter's rights or right to be there by permission. Not sure of his exact legal theory as I haven't talked to our friend since he got down to the property and the guy flat out refused to vacate.
Our friend never made a rental or caretaker's agreement with the squatter. No money has changed hands. No papers were signed. He never met or spoke to the guy before this week. It was all done through the mutual friend, who is now on major sh*tlist with his friend for creating this situation.
Apparently he (friend who lives here) thought the guy was an OK person to watch over things, but there is a girlfriend (the squatter's) who is schizophrenic and generally a wild card in the picture, which makes it all extra undesirable and difficult.
Anyhow, cops were called and refused to help remove the guy.
One of my sons suggested calling sheriff instead of regular police, but isn't that to enforce a court order like an ejectment? I've never been involved with anything like this.
Any advice on how to get rid of the guy would be welcome.
PS. I have read some Hawai'i cases on adverse possession in the past, and the statute is 20 years, plus "under color of right" to title is one of the required elements. So no way has this guy acquired any kind of permanent legal rights over the land by squatting.
Request in advance, no solutions that involve threats, violence, brandishing firearms.
An old friend of both my sons, from Northern California, has been working on a small cabin in HOVE over the last decade. He comes here for three months of the winter every year and stays in it. In recent years he's been working on upgrading it to a real livable space rather than one step up from camping.
However, last year he got ripped off in a big way; all sorts of valuable materials and tools were stolen, which isn't that surprising. We have a mutual friend who goes way back as a friend and lives in HOVE year round. He tries to help but doesn't always make the best judgment calls. He found some guy who needed a place and encouraged him to stay at the cabin so it wouldn't get ripped off.
When our friend in California sent the word to make sure he was gone because he, the owner, was coming for his winter stay, the guy only moved to a different area of the property and is trying to assert some kind of squatter's rights or right to be there by permission. Not sure of his exact legal theory as I haven't talked to our friend since he got down to the property and the guy flat out refused to vacate.
Our friend never made a rental or caretaker's agreement with the squatter. No money has changed hands. No papers were signed. He never met or spoke to the guy before this week. It was all done through the mutual friend, who is now on major sh*tlist with his friend for creating this situation.
Apparently he (friend who lives here) thought the guy was an OK person to watch over things, but there is a girlfriend (the squatter's) who is schizophrenic and generally a wild card in the picture, which makes it all extra undesirable and difficult.
Anyhow, cops were called and refused to help remove the guy.
One of my sons suggested calling sheriff instead of regular police, but isn't that to enforce a court order like an ejectment? I've never been involved with anything like this.
Any advice on how to get rid of the guy would be welcome.
PS. I have read some Hawai'i cases on adverse possession in the past, and the statute is 20 years, plus "under color of right" to title is one of the required elements. So no way has this guy acquired any kind of permanent legal rights over the land by squatting.
