A group of Daytona Beach homeowners are frustrated over what they call squatters taking up residence in abandoned homes and refusing to leave.

  • Daytona Beach homeowners protest squatters in abandoned homes
  • So-called squatter claims adverse posession, says he's fixing property
  • City trying to find out if there is anything they can legally do

Pattie Houser says the house next door was vacant, until the so-called squatters moved in. Houser says they're bad neighbors too, throwing loud parties.

"Seem to obviously be squatters," Houser said. "We all called the police, everybody and our neighbors. And they produced some document that seemed to indicate they had a right to be there. And the police said we can't do anything."

On Thursday Houser stood on A1A in Daytona Beach, protesting with a bicycle horn in one hand, a mop in the other.

Houser and other beachside homeowners hope to convince city leaders to put teeth in their code enforcement laws to get squatters out of abandoned homes.

A spokesman with the city's code enforcement board says code enforcement deals with code violations and fines, not homeownership. He says the issue is a civil matter which the courts deal with.

"Right now, code enforcement's handcuffed, police are handcuffed, and this has just been a ping pong issue on this house where nobody can do anything," said protester Wade Caldwell.

Tim Tharbs moved into the abandoned home next to Houser 14 months ago to fix it up. 

"Everything is legal what I do. Ain't nothing illegal, I wouldn't be here if I couldn't be here,” said the 53-year-old.

Asked if he could provide evidence of homeownership, the only documents he produced were a couple of sheriff's office summons, not a title.

"I can't give you that because I don't have that right now," said Tharbs.

He says he's claiming adverse possession of this home.

In Florida, a trespasser can gain legal title over a piece of property and claim adverse possession. Florida Statutes state that a trespasser must meet a number of criteria to take hostile possession of the property, including continuous occupancy over several years. 

Also, a person cannot claim adverse possession of property if they already have permission to be on that property. 

A spokesperson with Daytona Beach police say they've spoken with Tharbs and are investigating to see if they have the legal authority to evict and arrest the people living in the abandoned home.

"I don't feel comfortable in my own home with them there. I don't have anything to lose at this point," said Houser on her way home after the protest.

We checked the Volusia Property Appraisers website and the home is owned by the Libby Investment Group out of Hallandale, Florida.

We were unable to make contact with anyone representing that company.