Squatters’ Rights

What factors contribute to the development of informal settlements? Do the residents have rights? During my analysis, I have begun to ponder these questions, as I now realize that informal settlements are directly influenced by a number of factors, such as the provision of affordable housing, incomes, public assistance and even health care expenses.

Informal settlements do not only exist in developing countries, such as India, but they also exist here, in America, as well as other developed countries. These settlements come in different sizes, occur in various locations and are occupied by variety of persons. Though many governments are attempting to provide affordable housing, a major shortage still exists, creating huge waiting lists. As these populations wait for affordable housing, they are forced into shelters; however, such facilities quickly fill up, forcing others on to the streets, resulting in homeless encampments, or the development of informal settlements. This is a global phenomenon that is demonstrated in our case study sites. The lack of affordable housing and poor access to jobs, only proliferates the development of informal settlement.

Seeming that these developments have a direct correlation to a government’s willingness and ability to aid low-income persons, shouldn’t squatters have rights? Well, it turns out some do. For example, squatting has increased in the United States, in response to the recession and vast amount of foreclosed homes. Depending on the state, if squatters remain in these homes for a number of years, improve the lots and pay taxes, they gain legal ownership of the property.

This is comparable to informal settlements in other countries, which occupy vacant lots owned by the government, large institutions and wealthy land owners. Some countries, such as South Africa, have constitutional amendments in which protect children and their rights to adequate housing. Others have strict eviction regulations, requiring court orders to evict residents from constructed shelters. Unfortunately, not all governments provide such squatter rights. I now re-pose the question, if governments are not able to provide an adequate amount of affordable housing and services, shouldn’t squatters have rights, and what should those rights be?

If squatters’ rights interest you, check out the links below for more information:

http://www.nationalhomeless.org/factsheets/why.html

http://www.news24.com/SouthAfrica/News/Couple-forced-to-give-up-land-to-squatters-20101206

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