Why Do Squatters Have Rights? – Everything to Know

If you’ve ever thrown a party, you’re probably familiar with the guest who lingers too long, becoming an unwanted annoyance.

Imagine that frustration but on a larger scale: someone enters your property without an invitation and decides to make it their home.

This frustrating scenario is known as “squatting,” and it happens more often than you might think.

This article will teach you what you need to know about squatters and their rights; yes, they have some.

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What is a Squatter?

A squatter is someone who occupies property or land without any legal rights to do so. They are neither tenants under a lease agreement nor have they been granted permission to use the property by the owner.

While removing an unauthorized occupant from a residential or vacant commercial property might seem straightforward, the process isn’t always so simple. These individuals are entitled to due process, including an eviction procedure.

The legitimate property owner must initiate action within a specific statutory period, as varies by state before the law of adverse possession potentially grants the squatter legal ownership of the property. Crazy, right?

Real estate is NOT always passive income

This scenario might sound like a property owner’s worst nightmare, but it serves as a crucial reminder: real estate should never be regarded as entirely passive income.

Property owners must regularly monitor their real estate, particularly vacant properties, to ensure their legal and valid claims remain unchallenged.

Which States Have Squatters’ Rights?

Most states in the U.S. have specific laws regarding squatters’ rights, also known as adverse possession laws. These laws dictate that a squatter can gain legal ownership of a property after occupying it for a certain period, provided they meet specific conditions.

Below is a table that outlines how long it takes for squatters’ rights to be established in each state. This gives you a clear idea of the legal timeframe required for a squatter to potentially claim ownership.

Years Required	States
20+ Years	Delaware, Georgia, Hawaii, Idaho, Illinois, Louisiana, Maine, Maryland, Massachusetts, New Jersey, North Carolina, North Dakota, Ohio, Pennsylvania, South Dakota, Wisconsin
15-20 Years	Colorado, Connecticut, Kansas, Kentucky, Michigan, Minnesota, Nevada, Oklahoma, Vermont, Virginia
10 Years	Alabama, Alaska, Arizona, Indiana, Iowa, Mississippi, Missouri, Nebraska, New Mexico, New York, Oregon, Rhode Island, South Carolina, Texas, Washington, West Virginia, Wyoming
7 Years or Less	Arkansas, California, Florida, Montana, Tennessee, Utah

The History of Squatters’ Rights

Squatters’ rights have been a part of property law since the early days of human civilization. In medieval Europe, squatters became common when large tracts of land were left vacant after the plague.

The occupying squatters often aided the community by using abandoned farmland. As a result, societies began to acknowledge and protect squatters’ rights in certain circumstances.

In the United States, the Homestead Acts of the 19th century allowed settlers to claim vacant land provided they improved and developed it over a specific period.

The concept of squatters’ rights eventually further evolved and became intertwined with adverse possession laws, which now protect squatters under certain conditions.

What Are Squatter’s Rights?

Squatters’ rights, or adverse possession, is a legal doctrine allowing individuals to occupy a property without the owner’s consent to eventually gain ownership or tenancy rights. These rights vary widely depending on jurisdiction and specific state laws.

Typically, squatters must occupy the property continuously for a set period, meet certain conditions, and claim the land openly without the owner’s approval. It’s important to note that squatters’ rights are not guaranteed but contingent upon several factors.

For instance, if a property owner acknowledges the squatter’s presence, they may be able to prevent the squatter from acquiring any legal rights.

Adverse Possession Laws Across Different States

Adverse possession laws vary significantly across different states in the U.S. Some states, like New York, recognize squatters’ rights if they continuously occupy a property for 30 days. In contrast, other states require longer periods for squatters to assert their rights.

For instance, Texas requires a squatter to continuously live on the property for 10 years before claiming ownership.

Also, the specific requirements for asserting squatters’ rights differ by state. These requirements may include improvements made to the property, payment of property taxes, or demonstrating a clear and continuous occupancy.

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Legal Foundations of Squatters’ Rights

Color of Title

Color of title refers to a claim to a legal right to a property that is based on some evidence of ownership, such as a deed, but may not be legally valid.

This means that a squatter may have a color of title if they can demonstrate that they believe they have a legitimate claim to the property, even if this claim is later proven to be invalid.

Actual Possession

On the other hand, actual possession refers to physical control over the property. In the context of squatters’ rights, actual possession means that the squatters live on the property or use it as if they were the property owner.

Both color of title and actual possession are key factors in establishing squatters’ rights. They demonstrate that the squatter is treating the property as their own and has a claim to it.

The Role of Property Taxes 

Adverse possession is the legal doctrine that allows squatters to gain legal title to a property if they meet certain requirements. One of these requirements is the payment of property taxes.

In many jurisdictions, a squatter must pay property taxes on the land they are occupying to establish their claim to it through adverse possession. This serves two purposes:

#1. Revenue generation

By requiring squatters to pay property taxes, governments can generate revenue from otherwise unused or abandoned properties that might not otherwise contribute to the tax base.

#2. Legitimization of claims

Payment of property taxes can demonstrate that the squatter is taking on the responsibilities of property ownership, which can support their claim to the land through adverse possession.

Adverse Possession Claims

Understanding Hostile Possession

Hostile possession is a key element in establishing squatters’ rights through adverse possession. In this context, hostile does not imply aggression or ill-will. Instead, it refers to the adverse possessor’s occupation of the property without the owner’s permission.

The squatter’s possession of the property is considered hostile as it goes against the property owner’s interests source.

Requirements for a Successful Claim

To successfully claim adverse possession, the squatter must meet certain legal requirements:

Principle	Description
Actual Possession	The adverse possessor must physically occupy the property and treat it as their own, demonstrating control over the property in a way that is typical of a true owner.
Continuous Possession	Occupying the property for an uninterrupted period of time, as required by jurisdiction, without abandoning the property or allowing it to revert to the true owner.
Hostile Possession	The occupation must be without the owner’s permission, excluding the true owner from possessing the property.
Open and Notorious	The occupation of the property must be visible and public, making it apparent to anyone, including the owner, that someone is asserting possession.

If all of these requirements are met, the squatter may have a successful adverse possession claim.

Court Hearings and Legal Documentation

It’s important to note that squatters’ rights are not automatically granted as they must follow proper legal procedures.

This typically involves filing a court action to prove they have satisfied the necessary requirements. If the court finds in favor of the squatter, they may then be granted a legal document that confirms their ownership of the property source.

How Do You Evict Squatters?

Evicting squatters from a rental property can be a complex process that generally involves legal advice, legal action, and potentially the assistance of a property management company.

To initiate eviction proceedings, property owners must first issue an eviction notice. If the squatter does not leave the property following the notice, an unlawful detainer action may be filed.

This is a court order filed by the property owner seeking to regain lawful possession of the property. The court would then determine the rightful owner of the property and can issue a court order to remove the squatter.

How To Keep Squatters Out

To prevent the possibility of squatters, property owners can take various preventative measures. These may include:

Best Practice	Description
Regular Property Inspections	Regularly inspect the property to ensure there are no unauthorized occupants and promptly address any signs of illegal occupation.
Securing the Property	Ensure the property is well-maintained and all entry points, such as doors and windows, are secure to deter potential squatters.
Lease Agreement	Have a clear and enforceable lease agreement that outlines terms and conditions of occupancy, including consequences for non-compliance.

What’s the Difference Between Squatting and Trespassing?

Trespassing occurs when someone unlawfully enters a property, whether briefly or with the intention to stay longer.

Squatting is essentially a form of trespassing; however, it involves the person aiming to establish an ownership claim or make the property their permanent home.

Squatters often target unoccupied real estate, such as vacant buildings, which tend to be less closely monitored and easier to claim legally through squatting.

Generally, properties actively used by the owners are not subject to squatters’ rights laws because owners are not required to follow eviction procedures to remove trespassers.

In some states, property owners are legally protected if they use force to remove trespassers from their residence. Nonetheless, it’s usually safer and more advisable to involve the police to handle such situations.

When to Seek a Real Estate Attorney

In some cases, dealing with squatters may require the expertise of a real estate attorney.

Specific instances when hiring an attorney should be considered include:

Challenge	Description	Recommended Action
Complicated Legal Disputes	Squatters may claim adverse possession or exploit tenant protection laws, complicating eviction.	Utilize legal services to handle disputes and evictions.
Unclear Property Ownership	Uncertainty in property ownership can arise, complicating legal actions against squatters.	Engage a real estate attorney to establish clear ownership.
Formal Eviction Process	If squatters gain legal tenant status, evicting them requires a formal process.	Hire a real estate attorney to navigate the eviction process.

Handling Landlord-Tenant Disputes

Landlord-tenant disputes involving squatters’ rights can be challenging to resolve. However, there are steps property owners and landlords can take to navigate these disputes:

#1. Identify the issue

Determine if the occupant is a legal tenant or a squatter.

#2. Know the law

Understand local and state laws regarding squatters’ rights, adverse possession, and tenant protections.

#3. Engage in open communication

Attempt to resolve the issue through discussions with the squatter or holdover tenant.

#4. Document everything

Keep records of all interactions, correspondence, and attempted resolutions.

#5. Follow the legal process

Follow local guidelines for eviction and/or adverse possession claims.

Frequently Asked Questions

What legal basis underpins the concept of squatter rights?

The legal basis for squatter rights, also known as adverse possession, is rooted in the idea that land should not remain idle and unclaimed.

This concept has been part of common law for centuries, and it provides a mechanism for individuals who improve and maintain a property to eventually gain legal ownership, even if they initially trespassed.

How do squatter’s rights vary from state to state within the US?

Squatter’s rights vary by state in the US due to different adverse possession laws, which dictate factors such as the required duration of occupancy and specific rules surrounding property improvement and maintenance.

Some states require a shorter period of uninterrupted occupancy, while others mandate a longer time.

What are the procedures for law enforcement to handle squatting cases?

Law enforcement typically handles squatting cases as a civil matter, and their involvement is often limited to providing support during the legal eviction process.

Squatting can become a criminal offense under certain circumstances, such as when individuals ignore eviction notices, create a nuisance, or fail to pay utility bills.

How can a property owner legally remove squatters from their property?

To legally remove squatters, property owners generally must follow the proper eviction process outlined by state law.

This can include providing written notice of eviction and securing a court order for the eviction. Property owners cannot use force or illegal means to remove squatters without the risk of facing legal repercussions.

What is the rationale behind the duration of occupancy for claiming squatter’s rights?

The duration of occupancy requirement in adverse possession laws serves to give the true property owner a reasonable opportunity to discover the squatting and assert their rights.

If the squatter continuously and openly occupies the property for the state-specified duration without the owner’s interference, the assumption is that the owner has effectively abandoned their claim to the property, allowing the squatter a chance to claim ownership.

What steps should property owners take to prevent squatters from gaining rights?

Property owners can prevent squatters from gaining rights by ensuring diligent property management. They should also regularly inspect or monitor the property.

Owners should quickly address signs of trespassing, maintain clear boundaries and signage, and promptly initiate eviction processes when unauthorized occupants are discovered. Cooperation with neighbors and local law enforcement can also help prevent squatters from gaining a foothold on the property.