Squatters Rights: What You Need to Know

Squatters’ rights can be confusing and complex, but understanding them is essential to protect your property rights. In this article, we’ll discuss the ins and outs of squatters’ rights, including how to prevent squatters from taking over your property, what to do if you have squatters on your property, and what legal recourse you have as a property owner.

Defining What a Squatter Is

First, it’s important to determine if the person on your property is a squatter. A squatter is someone who has occupied your property without your permission and has no legal right to be there. If the person is a tenant with a lease or a family member or friend is permitted to stay, they are not considered a squatter.

Understanding Squatters Rights

Squatters are individuals who occupy a property without the owner’s permission. In some cases, squatters may take over abandoned or unoccupied properties and attempt to take over occupied properties through adverse possession. Adverse possession is a legal principle that allows someone to take over a property if they have been using it for a certain period and meet specific criteria.

What is a Squatter vs. a Trespasser?

Confusion between a squatter and a trespasser is common, although these concepts refer to distinct property intrusions. A squatter is a person who asserts legal ownership of property despite not holding a valid title or lease; they have willfully occupied the property without the owner’s permission. On the other hand, a trespasser is someone who has entered another’s land intentionally or unintentionally without any legal right. The critical difference is that while squatters unlawfully claim de facto ownership of land through their presence, trespassers live in another’s space without permission or an interest in the right of it. Yet, one thing remains common between them: both forms of intrusion can spell out serious trouble for those who enter!

How to Prevent Squatters from Taking Over Your Property

Having a strange person residing in your home or property without permission can be unbearable. To prevent this, ensure the premises are well-maintained, secured, and well-monitored. Ensure all entrances and exits have secure locks that have been changed recently; consider adding other security measures, such as an alarm system, for added safety.

Ask trusted friends or family members to look after it when you’re not around, or use external security services to check in occasionally to ensure nothing is amiss. If a settler does set up shop, contact law enforcement officials right away. With vigilance and proper precautions, your space will remain yours – giving you peace of mind knowing it’s always kept safe.

What to Do If You Have Squatters on Your Property

Acting quickly to protect your property rights is essential if you have squatters. The first step is to contact a lawyer who specializes in property law to advise you on the legal process for removing squatters. In some cases, you may be able to remove squatters through a court order, while in others, you may need to take more drastic action, such as physically removing them from the property.

Legal Recourse for Property Owners

As a property owner, you have legal recourse to protect your property rights. This includes taking legal action against squatters and pursuing compensation for any damages they may have caused. Working with a lawyer with experience in property law is essential to ensure that you take the proper legal steps to protect your property.

The Legal Process for Removing Squatters

The legal process for removing squatters can vary depending on the state in which the property is located. However, the general process is as follows:

• Determine if They Are Squatters or Trespassing
• Serve an Eviction Notice with Legal Advice
• Sue the Squatter in Court
• Legally Remove the Squatter
• Take Back and Secure Your Property

Squatter Rights by State

Please research your state first, but here is a general breakdown of squatters’ rights per state.

Alabama

In Alabama, squatters can only claim adverse possession if they have openly occupied the property for at least ten years without the owner’s objection. The property must also meet specific criteria, such as being accessible, exclusive, continuous, and notorious.

Alaska

In Alaska, squatters can claim adverse possession after occupying the property for ten years continuously. The occupation must also be exclusive, open, and notorious, and the squatter must have paid property taxes on the land for at least seven years.

Arizona

In Arizona, squatters can claim adverse possession after occupying the property for at least two years continuously. The occupation must also be open, notorious, exclusive, and hostile.

Arkansas

In Arkansas, squatters can claim adverse possession after occupying the property for at least seven years continuously. The occupation must also be open, notorious, and hostile.

California

In California, squatters can claim adverse possession after occupying the property for at least five years continuously. The occupation must also be open, notorious, exclusive, and hostile.

Colorado

In Colorado, squatters can claim adverse possession after occupying the property for at least 18 years continuously. The occupation must also be open, notorious, exclusive, and hostile.

Connecticut

In Connecticut, squatters can claim adverse possession after occupying the property for at least 15 years continuously. The occupation must also be open, notorious, exclusive, and hostile.

Delaware

In Delaware, squatters can claim adverse possession after occupying the property for at least 20 years continuously. The occupation must also be open, notorious, exclusive, and hostile.

Florida

In Florida, squatters can claim adverse possession after occupying the property for at least seven years continuously. The occupation must also be open, notorious, exclusive, and hostile.

Georgia

In Georgia, squatters can claim adverse possession after occupying the property for at least 20 years continuously. The occupation must also be open, notorious, exclusive, and hostile.

Hawaii

In Hawaii, squatters can claim adverse possession after occupying the property for at least 20 years continuously. The occupation must also be open, notorious, exclusive, and hostile.

Idaho

In Idaho, squatters can claim adverse possession after occupying the property for at least 20 years continuously. The occupation must also be open, notorious, exclusive, and hostile.

Illinois

In Illinois, squatters can claim adverse possession after occupying the property for at least 20 years continuously. The occupation must also be open, notorious, exclusive, and hostile.

Indiana

Indiana, squatters can claim adverse possession after occupying the property for at least ten years continuously. The occupation must also be open, notorious, exclusive, and hostile.

Iowa

In Iowa, squatters can claim adverse possession after occupying the property for at least ten years continuously. The occupation must also be open, notorious, exclusive, and hostile.

Kansas

In Kansas, squatters can claim adverse possession after occupying the property for at least 15 years continuously. The occupation must also be open, notorious, exclusive, and hostile.

Kentucky

In Kentucky, squatters can claim adverse possession after occupying the property for at least 15 years continuously. The occupation must also be open, notorious, exclusive, and hostile.

Louisiana

In Louisiana, squatters can claim adverse possession after occupying the property for at least 30 years continuously. The occupation must also be open, notorious, exclusive, and hostile.

Maine

In Maine, squatters can claim adverse possession after occupying the property for at least 20 years continuously. The occupation must also be open, notorious, exclusive, and hostile.

Maryland

In Maryland, squatters can claim adverse possession after occupying the property for at least 20 years continuously. The occupation must also be open, notorious, exclusive, and hostile.

Massachusetts

In Massachusetts, squatters can claim adverse possession after occupying the property for at least 20 years continuously. The occupation must also be open, notorious, exclusive, and hostile.

Michigan

In Michigan, squatters can claim adverse possession after occupying the property for at least 15 years continuously. The occupation must also be open, notorious, exclusive, and hostile.

Minnesota

In Minnesota, squatters can claim adverse possession after occupying the property for at least 15 years continuously. The occupation must also be open, notorious, exclusive, and hostile.

Mississippi

In Mississippi, squatters can claim adverse possession after occupying the property for at least ten years continuously. The occupation must also be open, notorious, exclusive, and hostile.

Missouri

In Missouri, squatters can claim adverse possession after occupying the property for at least ten years continuously. The occupation must also be open, notorious, exclusive, and hostile.

Montana

In Montana, squatters can claim adverse possession after occupying the property for at least five years continuously. The occupation must also be open, notorious, exclusive, and hostile.

Nebraska

In Nebraska, squatters can claim adverse possession after occupying the property for at least ten years continuously. The occupation must also be open, notorious, exclusive, and hostile.

Nevada

In Nevada, squatters can claim adverse possession after occupying the property for at least five years continuously. The occupation must also be open, notorious, exclusive, and hostile.

New Hampshire

In New Hampshire, squatters can claim adverse possession after occupying the property for at least 20 years continuously. The occupation must also be open, notorious, exclusive, and hostile.

New Jersey

In New Jersey, squatters can claim adverse possession after occupying the property for at least 30 years continuously. The occupation must also be open, notorious, exclusive, and hostile.

New Mexico

In New Mexico, squatters can claim adverse possession after occupying the property for at least ten years continuously. The occupation must also be open, notorious, exclusive, and hostile.

New York

In New York, squatters can claim adverse possession after occupying the property for at least ten years continuously. The occupation must also be open, notorious, exclusive, and hostile.

North Carolina

In North Carolina, squatters can claim adverse possession after occupying the property for at least 20 years continuously. The occupation must also be open, notorious, exclusive, and hostile.

North Dakota

In North Dakota, squatters can claim adverse possession after occupying the property for at least 20 years continuously. The occupation must also be open, notorious, exclusive, and hostile.

Ohio

In Ohio, squatters can claim adverse possession after occupying the property for at least 21 years continuously. The occupation must also be open, notorious, exclusive, and hostile.

Oklahoma

In Oklahoma, squatters can claim adverse possession after occupying the property for at least 15 years continuously. The occupation must also be open, notorious, exclusive, and hostile.

Oregon

In Oregon, squatters can claim adverse possession after occupying the property for at least ten years continuously. The occupation must also be open, notorious, exclusive, and hostile.

Pennsylvania

In Pennsylvania, squatters can claim adverse possession after occupying the property for at least ten years continuously. The occupation must also be open, notorious, exclusive, and hostile.

Rhode Island

In Rhode Island, squatters can claim adverse possession after occupying the property for at least ten years continuously. The occupation must also be open, notorious, exclusive, and hostile.

South Carolina

In South Carolina, squatters can claim adverse possession after occupying the property for at least ten years continuously. The occupation must also be open, notorious, exclusive, and hostile.

South Dakota

In South Dakota, squatters can claim adverse possession after occupying the property for at least ten years continuously. The occupation must also be open, notorious, exclusive, and hostile.

Tennessee

In Tennessee, squatters can claim adverse possession after occupying the property for at least seven years continuously. The occupation must also be open, notorious, exclusive, and hostile.

Texas

In Texas, squatters can claim adverse possession after occupying the property for at least ten years continuously. The occupation must also be open, notorious, exclusive, and hostile.

Utah

In Utah, squatters can claim adverse possession after occupying the property for at least seven years continuously. The occupation must also be open, notorious, exclusive, and hostile.

Vermont

In Vermont, squatters can claim adverse possession after occupying the property for at least 15 years continuously. The occupation must also be open, notorious, exclusive, and hostile.

Virginia

In Virginia, squatters can claim adverse possession after occupying the property for at least 15 years continuously. The occupation must also be open, notorious, exclusive, and hostile.

Washington

In Washington, squatters can claim adverse possession after occupying the property for at least ten years continuously. The occupation must also be open, notorious, exclusive, and hostile.

West Virginia

In West Virginia, squatters can claim adverse possession after occupying the property for at least ten years continuously. The occupation must also be open, notorious, exclusive, and hostile.

Wisconsin

In Wisconsin, squatters can claim adverse possession after occupying the property for at least 20 years continuously. The occupation must also be open, notorious, exclusive, and hostile.

Wyoming

In Wyoming, squatters can claim adverse possession after occupying the property for at least ten years continuously. The occupation must also be open, notorious, exclusive, and hostile.

Conclusion

In conclusion, squatters’ rights can vary significantly from state to state. Understanding the laws in your state to protect your property rights is crucial. At WeWrite, we hope this article has provided you with an overview of squatters’ rights in each state in the United States. If you have any further questions or concerns, we recommend consulting with a property lawyer who can provide expert advice.