America: A Land Built on Squatting and History of Squatters Rights

From the arrival of the early Pilgrims to the present day, the story of America is, in many ways, the story of squatters. The concept of occupying land without formal permission and claiming it as one's own is as deeply American as apple pie. The nation’s founders, settlers, and pioneers all shared a common thread—staking a claim to land simply by occupying it. This article explores how squatting has shaped the foundation and expansion of the United States, both literally and figuratively, and how this practice has been integral to the nation's identity.

The Early Pilgrims: The First Squatters

When the Pilgrims arrived in 1620 on the Mayflower, they landed at Plymouth, a territory inhabited by Native American tribes. These early settlers, lacking formal land grants from the native peoples, set up their communities on land they did not own. While they saw themselves as pioneers seeking religious freedom, from a modern perspective, they were squatters, establishing a foothold in a "new world" by occupying land that was already inhabited.

This pattern of claiming and settling land without permission would set the precedent for future waves of settlers who followed. The Pilgrims’ success in carving out a place for themselves in America would inspire many others to do the same in the decades and centuries that followed.

Manifest Destiny: Squatting as Expansion

The expansion of the United States across the continent was largely driven by the principle of squatting. As settlers moved westward in search of new opportunities, they often claimed land by simply occupying it. The idea that anyone could claim land just by settling and working it was central to the doctrine of Manifest Destiny, which declared that the United States was destined to expand from the Atlantic to the Pacific.

In the Midwest, settlers known as "squatters" arrived on lands without legal titles, setting up farms and building homes. These pioneers often moved ahead of formal land surveys or government regulations, occupying lands that Native Americans had lived on for centuries. They believed that their right to the land was established by their presence and labor.

This practice was not only tolerated by the U.S. government but often encouraged. In 1841, Congress passed the Preemption Act, which allowed settlers to purchase the land they had been squatting on at a low price. This helped to formalize the concept of "squatter's rights" and further cemented squatting as a legitimate path to land ownership.

Squatting and the Homestead Act

In 1862, President Abraham Lincoln signed the Homestead Act, which legally recognized the right of settlers to claim land by working and improving it. The act allowed U.S. citizens, including immigrants, to claim 160 acres of "unsettled" land by living on it and farming it for five years. The Homestead Act was a codification of the squatter’s ethos—land was not owned by those with money, but by those who were willing to work it and make it productive.

While the Homestead Act was meant to provide a legal framework for land claims, it also reflected the long-standing practice of squatting. It formalized a process that had been taking place for centuries: people arriving, settling, and claiming land simply by virtue of their occupation and labor.

Preemption Act of 1841

The Preemption Act of 1841 allowed settlers to claim up to 160 acres of federal land for themselves, preventing the land from being sold to others, including large landowners or corporations. Settlers paid a fixed price of just $1.25 per acre ($3.09 per hectare). To qualify for the act, individuals had to be at least 21 years old or be a "head of household" (such as a parent or sibling supporting a family). They also needed to be either U.S. citizens or immigrants who had declared their intent to become citizens and must have lived on the land for a minimum of 14 months. To gain permanent title, settlers were required to reside on and improve the land for at least five years, and they could not leave or abandon the land for more than six months at a time.

Donation Land Claim Act of 1850

The Donation Land Claim Act, passed in 1850, allowed settlers to claim land in the Oregon Territory, which at the time included what are now the states of Washington, Oregon, Idaho, and parts of Wyoming. Under the act, white settlers could claim 320 acres, or 640 acres if married, between 1850 and 1855, when the law was repealed. Before its repeal, the land was sold for $1.25 per acre.

The act had many adverse effects on Indigenous and Black people in the Pacific Northwest. Not only did it distribute land taken from Indigenous populations, but it also excluded Black citizens from owning land or real estate. The act guaranteed land for white settlers and "half-breed" Indian men. Additionally, the Donation Land Claim Act followed the 1848 Organic Act, which allowed white settlers to claim up to 640 acres. However, it differed by also recognizing women’s property rights, as it allowed heads of households, including women, to claim 400 acres. Black citizens were ineligible to apply, making the Donation Land Claim Act significantly different from the later Homestead Act of 1866.

The Great Depression: Squatting for Survival

The 20th century brought a new wave of squatting, especially during periods of economic hardship. During the Great Depression, many Americans found themselves homeless or unable to afford rent. Shantytowns known as "Hoovervilles" sprang up across the country as people squatted on vacant land to build makeshift homes. These squatter settlements, named after President Herbert Hoover, symbolized the desperation and resilience of the American people during this difficult time.

Even in the face of economic collapse, the American instinct to claim and occupy land without formal permission persisted. For many, squatting was a necessity—a way to survive in a system that had failed to provide adequate housing and support.

Squatting in Modern America

While squatting may seem like a relic of the past, it continues to play a role in modern America. During the Great Recession of 2007-2009, foreclosed homes were often occupied by squatters, and many community activists used squatting as a tactic to draw attention to the housing crisis. In cities like New York and Seattle, squatters have taken over vacant buildings and even worked with organizations to eventually legalize their claims.

The modern squatter, much like the pioneers of old, sees land or property as something to be claimed through occupation and use. While the legal system may not always support this view, the practice of squatting remains a part of the American landscape.

Squatting as a Core American Value

Throughout American history, the practice of claiming land by occupying it has gone by many names—pioneering, settling, homesteading—but at its core, it is all squatting. The nation was built by people who saw an opportunity, took it, and made it their own, often without the formal permission of those in power. Whether driven by necessity, ambition, or the belief in a better future, squatters have played an undeniable role in shaping the United States.

Today, as debates over land, housing, and property continue, it is important to recognize that squatting is not just a legal or economic issue—it is a reflection of a deeply ingrained American belief. The idea that land is for those who are willing to occupy it, work it, and make it their own is as American as anything else, and it continues to influence the country’s development, even in the modern era.

America, in many ways, was founded on squatting. It is a nation that has long valued the idea of claiming one’s space and making it a home, and that idea persists in many forms today.