Which States Have Squatters' Rights?

Imagine finishing up renovations on your investment property, planning to list it for rent, when you find squatters have already made themselves at home without your consent. And to top it off, local authorities can't do anything until you go through a formal eviction process. As unbelievable as it sounds, brazen squatting scams such as these are on the rise.

While states like Florida and Georgia recently passed laws to crack down on this deception, the issue remains a concerning problem. Such actions violate laws and raise questions about protecting property rights and potential consequences.

As a property owner, you understandably have questions. How can you protect your real estate investment from potential squatters? And what are the laws regarding squatters' rights in your state?

This article provides clarity on squatting, highlighting the key differences between squatting scams and legitimate adverse possession. We'll also cover a state-by-state guide to help you understand the laws where you own property. Finally, you'll learn strategies to deter squatters in the first place and keep your properties secured.

Adverse possession vs. squatting scams

People often confuse adverse possession claims with squatting scams, but they are fundamentally different.

Adverse possession

Adverse possession is a legal process in which an individual can gain ownership of a property if they occupy it continuously and openly for a certain period without the owner's permission. This might occur if your neighbor’s fence has been encroaching on your property line for 20+ years or if a family has been using an old, abandoned cabin for decades without the real owners taking any action.

Squatting scam

Squatting scams, on the other hand, involve people illegally occupying property with the intent to deceive and take advantage of slow eviction processes. Individuals taking part in a squatting scam might break in, change locks, or fabricate lease agreements to exploit the legal system and delay eviction.

Understanding squatters rights and adverse possession

Scammers don't have rights to the property, but they can still cause major issues for property owners. If you call local law enforcement to remove a scammer and that person presents a fake lease agreement, it's tough for the police to determine the document's legitimacy. That usually means that you'll have to go through the formal eviction process to remove a squatter, which can take time.

For someone to claim adverse possession, they must meet the following criteria:

• Continuous possession: The squatter must reside on the property continuously for the full statutory period with no gaps.
• Exclusive possession: The squatter must treat the property as their own, to the exclusion of all others, including the legal owner.
• Open and notorious: The squatter's occupation of the vacant property cannot be done in secret. It must be open and known.
• Hostile claim: The occupancy is considered "hostile" in a legal sense, meaning without the owner's permission, even if not antagonistic.
• Statutory period: Varies by state, but continuous occupation must span the full required number of years.

If all these criteria are satisfied after the full statutory period elapses, the squatter can seek to gain legal possession of the property. However, this is not an easy path to property ownership.

Color of title and quiet title

Before diving into the specifics of color of title and quiet title, it's important to understand why these concepts matter in adverse possession cases. They can greatly impact a squatter's ability to claim ownership of a property.

Color of title

This refers to a situation where a person has a document that appears to give them ownership of the property but is legally defective. This could be due to issues like improperly executed deeds, fraudulent transfers, or invalid wills. While color of title does not guarantee legal ownership, it strengthens an adverse possession claim by demonstrating the person has an apparent right to the property.

Quiet title

This is a legal action taken to resolve disputes over property ownership. It "quiets" any challenges or claims to the title, providing clear and undisputed ownership. This is often necessary for someone claiming adverse possession to establish their legal right to the property.

In some states, having color of title can shorten the required period for adverse possession, while a quiet title action can eliminate any remaining disputes over property ownership.

Squatters' laws by state

For all state squatters' rights, note that adverse possession cases can be very difficult to prove. In all circumstances, squatters must display all five forms of possession: continuous, hostile, open, actual, and exclusive.

Keep in mind that the required number of years, as well as whether color of title and property taxes are required, vary by state.

Alabama

20 years of continuous occupation or 10 years of occupation with payment of property taxes.

Alaska

Requires 7-10 years of continuous, open, and exclusive occupation without the owner's permission.

Arizona

10 years of continuous, open, and notorious occupation without the owner's permission. If the squatter has color of title and pays taxes, they can make an adverse possession claim after 5 years.

Arkansas

7 years of continuous possession without the owner's permission. The squatter must also pay taxes on the property.

California

California squatters can claim adverse possession after 5 years of continuous, open, and notorious possession of the property. The squatter must also pay taxes on the property.

Colorado

18 years of continuous possession without permission from the rightful owner. However, if the squatter has a color of title and pays property taxes, the required period can be as little as 7 years.

Connecticut

The squatter must live on the property for 15 years without the owner's permission. The squatter claiming adverse possession does not have to pay taxes.

Delaware

20 years of continuous possession of the property. The squatter does not need to pay taxes during this time.

Florida

Squatters' rights apply if the person claiming adverse possession has lived on the property for 7 years and paid property taxes.

Georgia

20 years living on the property continuously. If the squatter has color of title, the required period for when they can claim adverse possession is 7 years.

Hawaii

The squatter must live on the property for 20 years.

Idaho

A person can claim ownership if they've lived on the property for 20 years.

Illinois

Squatters' rights apply after 20 years of continuous possession of the property. If the squatter has a color of title and pays property taxes, the required period is 7 years.

Indiana

Squatters' rights apply if someone lives on a property for 10 years and pays property taxes.

Iowa

A squatter can seek adverse possession after 5 years of occupation without the owner's permission.

Kansas

If the squatter lives on the property for 15 years, they can seek an adverse possession claim.

Kentucky

Squatters' rights apply after 15 years of continuous, open, and notorious occupation.

Louisiana

Someone can claim adverse possession after 30 years of continuous occupation. If the squatter has a color of title and pays property taxes, they can claim ownership after 10 years.

Maine

Squatters' rights apply after 20 years of uninterrupted possession. During this period, the squatter does not need to pay property taxes.

Maryland

If the squatter proves 20 years of continuous and uninterrupted possession, they can claim adverse possession.

Massachusetts

Squatters who have lived on the property for 20 years can make an adverse possession claim.

Michigan

Some can claim squatter's rights after 15 years of continuous occupation of the property. They can claim adverse possession earlier if they have lived on the property for 10 years, pay property taxes, and have the color of title.

Minnesota

Squatter's rights apply after 15 years of continuous possession without the owner's permission. They don't have to pay taxes the entire time, but they must pay taxes for at least 5 consecutive years to claim ownership.

Mississippi

Squatter's rights apply after 10 years of continuous possession of the property. The squatter must also pay property taxes for at least 2 consecutive years.

Missouri

10 years of continuous and open occupation without the owner's permission. The squatter does not have to pay property taxes or have a claim of rights during this period.

Montana

Squatters can apply for actual possession after 5 years of living on the private property and paying taxes.

Nebraska

A squatter can gain legal possession after 10 years of living on the property or vacant land.

Nevada

If the person lives on the property for 5 continuous years and pays taxes, they can seek to claim ownership.

New Hampshire

Squatters' rights apply after 20 years of continuous and open occupation.

New Jersey

For a non-woodland property, someone has to live on it for 30 years, pay taxes for at least 5 consecutive years, and have color of title to seek adverse possession.

New Mexico

Squatters' rights apply if someone occupies the property for 10 years, pays taxes, and has color of title.

New York

If someone has been in possession of the property for 10 years, they can work to claim ownership.

North Carolina

North Carolina squatters who have demonstrated continuous and open occupation for 20 years can seek adverse possession.

North Dakota

Someone can make an ownership claim if they have 20 years of continuous and open occupation of someone else's property. Having a color of title and paying taxes can reduce the time period to 10 years.

Ohio

If a squatter occupies a property continuously for 21 years, they can file an ownership claim.

Oklahoma

Someone can claim ownership if they have lived on the property for 15 years, have the color of title, and have paid taxes for 5 years.

Oregon

Squatters' rights in Oregon apply if a person lives on a property for 10 years.

Pennsylvania

Squatters can apply for adverse possession after 21 years of continuous and open occupation.

Rhode Island

Rhode Island's squatters rights apply after 10 years of continuous occupation.

South Carolina

A person can obtain ownership after 10 years of residency on the property and possessing color of title.

South Dakota

A squatter has to reside on a person's property for 20 continuous years to apply for adverse possession.

Tennessee

If someone occupies a property for 7 years of continuous years and has color of title, they may file a claim for ownership.

Texas

Squatters who have possession of a property for 10 years may apply for adverse possession. If the squatter has a deed or color of title and pays property taxes, there are 3 and 5-year options available.

Utah

Utah squatters who have continuous and open occupation of the property, pay taxes, and have color of title may apply for adverse possession.

Vermont

If someone occupies the property for 15 continuous years, they can seek to claim ownership.

Virginia

Squatters who have controlled property for 15 years and have the color of title may file a claim of ownership.

Washington

Squatters who move into vacant properties and occupy them for 10 years of continuous occupation may seek adverse possession. If they have color of title and pay taxes, the timeframe can be 7 years.

West Virginia

Someone who occupies a property for 10 years in West Virginia without the owner's permission can seek adverse possession.

Wisconsin

Squatter's rights apply after 20 years of continuous occupation or 10 years with color of title.

Wyoming

If squatters live on a property without making rent payments for 10 years and without the owner's permission, they may seek ownership.

District of Columbia

To take over a property from the actual owner in Washington D.C., the squatter must reside on the property for 15 years and file a lawsuit for their ownership claim via quiet title in D.C.'s Superior Court.

How do you prevent squatting?

Here are some tips for preventing squatters from occupying your property:

Secure the property

If you have a vacant property that you can't rent or sell, secure the windows and doors to make entry difficult. Install security cameras or alarm systems. Put up "No Trespassing" signs in several visible locations and have neighbors or a property management company regularly monitor the premises.

Maintain the property's appearance

Use Azibo's maintenance tracking and reminders to maintain the property. This includes taking care of the yard and clearing any accumulated mail. Make the property look occupied by opening some blinds/curtains and using timers for outdoor lighting. Park a vehicle in the driveway occasionally if possible.

Rent it out

Renting out the property and having it occupied by legal tenants can help to deter potential squatters. Utilize Azibo's comprehensive tenant screening services to vet applicants and make sure you find legitimate renters.

Act quickly if squatters move in

Act quickly if squatters move in. As soon as possible, make it clear that you did not give your permission. Provide evidence that the person is a squatter and not a tenant. Follow proper legal channels to have them removed promptly and consider other legally creative ways to eliminate squatters.

How to evict squatters

If you need to evict squatters, be sure to follow all the legal procedures to avoid complications. Here's a general guide:

Confirm squatting status

Make sure the occupants are indeed squatters and not tenants with a lease agreement.

Let's use the following example to demonstrate how to check for squatting status: You inherit a property from a distant relative in a different state. When you go to check on the property, you find people living there. They claim to be friends of the former owner and say they have been staying there with permission.

In this scenario, you should:

• Request documentation: Ask for any lease agreements or written permissions. Check for signatures, dates, and contact information to verify authenticity.
• Contact neighbors: Gather information on the occupants’ history and their relationship with the previous owner.
• Check utilities and mail: See if the occupants have utilities or mail addressed to them at the property.

Notify local authorities

Contact local law enforcement to report the squatters. The police may not be able to remove them immediately, but they can document the situation and deter criminal activity.

Serve an eviction notice

Provide a written notice to the squatters demanding that they vacate the property. The notice period varies by state, so check local laws for specific requirements.

File an unlawful detainer lawsuit

If a squatter refuses to leave after the notice period, file a lawsuit for unlawful detainer in the local court. This legal action formally begins the eviction process.

Attend the court hearing

Present your case in court, providing evidence of ownership and the squatters' lack of permission to occupy the property.

Obtain a writ of possession

If the court rules in your favor, you will receive a writ of possession, which authorizes law enforcement to remove the squatters. With the writ of possession, coordinate with local law enforcement to physically remove the squatters from your property.

What states have squatter rights?

The issue of squatters' rights can quickly become complex, with different laws around legally gaining ownership of an abandoned property versus illegal squatting scams. Fraudsters looking to exploit the system can be a risk to property owners.

The best defense is preventing squatters from ever taking root in the first place. Implement proper security, including cameras and quality lighting, maintain the property's appearance, and only rent it out to legitimate tenants screened through services like Azibo.

If squatters do get in, move quickly — establish that they are trespassing, gather evidence, and initiate eviction proceedings immediately. The longer they remain, the messier it becomes to remove them.

Stay proactive about understanding your state's laws and taking the right precautions. With straightforward strategies in place, you can protect your real estate investment from unlawful occupants and avoid becoming another squatting victim. A little preparation goes a long way for your peace of mind as a property owner.

Which states have squatter rights? FAQs

What state has the shortest squatters rights?

California has one of the shortest periods for adverse possession claims, requiring squatters to occupy the property and pay taxes on the property for just 5 years​.

Why are squatters protected in the US?

Adverse possession laws protect squatters in the U.S., encourage the productive use of land, resolve property disputes, and penalize neglectful property owners. These laws help ensure that land is utilized effectively and property ownership issues are settled quickly.

How long before you can claim squatters' rights in the USA?

The period required to claim squatters 'rights in the U.S. varies by state, typically ranging from 5 to 30 years. For example, in California, it's 5 years; in other states, it can be up to 30 years.