20 States Where Squatters Could Legally Claim Your Property
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Homeowners and property investors in the United States may be surprised to discover that squatters have a right to claim their property in some circumstances. A squatter is a person who takes possession of an abandoned or unoccupied place or building and lives there without lawful permission. An American Community Survey by LendingTree Inc. found that the nation’s 50 largest metros have about 5.5 million vacant housing units that are easy pickings for squatters.
Squatting laws, often referred to as adverse possession laws, provide that if certain people perform real property over time in a certain way, then they obtain a legal interest in that property. These laws work differently in each state, creating a patchwork of regulations that can be difficult to navigate. Read on for how squatting laws play out in 20 states nationwide.
California
California is one of those states that have well defined adverse possession laws that have a structured process of property claim. To claim a property, squatters must occupy it continuously for at least five years. Therefore, the squatter must live and be present in it, without interruption, as their home.
They also have to pay property taxes during the five years, which doubles down on obligation and helps make California’s adverse possession laws more rigorous than in other states. Squatting cases are relatively rare and can become prolonged and complicated cases that can take up a property for a long time, according to Good Life Property Management.
Texas
In Texas, the laws of adverse possession allow people to obtain title to another person’s property if they have occupied the property openly and notoriously for a period of at least 10 years. So, if the squatter uses it in such a way that it is clear to others, he establishes a claim of ownership.
Additionally, in the Lone Star State, the claimant must intend to hold the property as their own during this time, with the ability to make improvements or pay taxes. The Texas Public Policy Foundation points out that it’s not widespread, but squatting is a serious threat to vacant property owners, highlighting the need for vigilance in maintaining and monitoring such properties.
New York
New York’s adverse possession laws are particularly strict, in that a squatter needs to be on the property for a decade to make a legal claim. To claim squatters’ rights, the squatter must prove that he makes exclusive and continuous use, and that the property is kept in good condition. They may even prove their coverage claim by doing something like mowing the lawn or fixing a problem.
The New York State Bar Association counsels homeowners to be extremely vigilant if they have unoccupied properties. Squatter claims can make future sales more difficult and lead to protracted legal battles.
Florida
In Florida, squatters can claim the property in seven years with continuous possession. Like the laws of California, this state also requires the payment of property taxes during this period.
It’s important for the property owner to proactively monitor their vacant property to avoid unexpected legal challenges, as noted by the Florida Bar. By being vigilant, squatters can have no claim that could offset the owner’s investment in their real estate.
Illinois
Adverse possession laws in Illinois are tricky because they require a squatter to occupy property for a minimum of 20 years. But if the squatter has the color of title, meaning they have a legal paper that allows them to claim a stake in the property and have paid taxes, then that period is whittled down to a mere seven years.
The Illinois State Bar Association recommends that homeowners stay proactive in checking their properties for any signs of adverse possession and keep good documentation of their properties’ condition.
Ohio
Adverse possession claims in Ohio have a relatively long 21-year occupancy period. However, this extended timeframe extends a little protection to property owners as they have enough time to recognize any unauthorized occupancy and act.
But the Ohio State Bar Association suggests preserving detailed records and conducting frequent property inspections to minimize risk of claims in the first place, before any can become legally binding.
Georgia
In Georgia, adverse possession requires the squatter to have physical possession of land for a period of 20 years before filing a claim. If, on the other hand, they hold the color of title, this period is reduced to merely seven years.
Property owners need to be vigilant about unoccupied lands, or else they might face legal hassles, suggests Perigon Legal Services. Regular checks and maintenance not only prevent squatters from taking over your property but also enforce the owner’s legal claim to carry out proper ownership.
Nevada
Under Nevada’s laws, squatters must stay on the property for a minimum of five years as long as property taxes are paid throughout this time. The Nevada Real Estate Division emphasizes the importance of property ownership awareness, urging owners to familiarize themselves with these laws.
Those who understand this knowledge will be at an advantage when securing investments, as squatters are quick to exploit negligence in property monitoring.
Washington
In Washington, a mandatory ten year successive possession period applies to adverse possession claims. If one’s property is left unoccupied for prolonged periods, the Washington State Bar does recommend that one stay informed of the status of the property.
Regular inspections and maintenance can ward off squatters and protect the owner’s long-term investment.
Arizona
In Arizona, a squatter can legally claim property after solid ‘continuous possession’ for ten years. Arizona Department of Real Estate reminds owners to be on the lookout, and to conduct regular inspections and document the presence of squatters or unauthorized occupancy.
Preventing adverse possession claims from getting started and becoming binding in law is something you can be proactive about.
Tennessee
As Hemlane points out, under Tennessee law, if a squatter has color of title (ie, some kind of claim to the property, whether it be through a deed, even an invalid or superseded one) they have to stay there for seven years before claiming the property.
However, if they have no such claim, the requirement is for 20 years. Regular checks and legal oversight can help prevent squatter problems and protect ownership rights.
Michigan
The adverse possession laws in Michigan require a 15 year period of continuous possession. Legal professionals from NOLO recommend property owners keep meticulous records of their ownership and regularly inspect their properties.
By doing so, they can mitigate risks associated with squatting and ensure that any unauthorized use is promptly addressed.
Missouri
As reported by TDD Attorneys at Law, squatters must actually occupy property in Missouri for ten years prior to being able to establish adverse possession. However, despite the length of time provided, the determined squatter can do so effectively.
This encourages owners to take preventative actions by regularly inspecting the property (and perhaps having neighbors watch out for any signs of unauthorized occupancy).
Indiana
Hemlane says squatters in Indiana may declare themselves owners if they occupy a property for ten years straight. They further advise that property owners should routinely check the properties for hazards and hold talks with neighbors.
These actions will help protect your assets from adverse possession claims and deter squatters.
Kentucky
In Kentucky, squatters must live on the land for fifteen years before they can file to prove an adverse possession claim. Hemlane advises property owners in this state should conduct routine inspections and seek legal advice.
Knowing these laws helps owners do what they should to protect their property rights.
Pennsylvania
According to the Pile Law Firm, In Pennsylvania, a squatter can claim property after 21 years of continuous occupation. Property owners should consider the significance of property oversight to prevent adverse possession claims.
They are encouraged to maintain a thorough record of their ownership and regularly check on their properties to safeguard against potential squatter claims.
Virginia
According to Innago, Virginia’s adverse possession laws include 15 15-year continuous possession period. Property owners are encouraged to engage with legal professionals to ensure their properties are protected from squatters.
Regular monitoring and legal guidance can be critical in navigating the complexities of adverse possession and safeguarding one’s property rights.
North Carolina
Under North Carolina’s adverse possession laws, a squatter must occupy a property for 20 years in a continuing manner to bring a successful claim. This means the result is a possession that is both exclusive and uninterrupted, so the squatter cannot share the property with an owner or with others.
If property owners have reason to believe people may be claiming their property through adverse possession, understanding these laws can help protect their rights. The North Carolina Bar Association advises them strongly to consult with legal experts to help protect their rights.
Colorado
In Colorado, the timeline is slightly shorter, requiring only 18 years of continuous possession for squatters to establish a claim. If, however, the squatter has been paying property taxes for all these years, the period required drops to a mere seven years. This area of the law shows how tax payments work in legal claims.
Hemlane emphasizes that squatters are common, and for property owners to claim their rights, they need to be proactive about it, regularly checking on their properties or asking someone else to do it for them and have any unauthorized occupancy documented.
Oregon
In Oregon, squatters can, in fact, take over property after ten continuous years of living there. This law requires vigilance from property owners.
Legal experts from Chenoweth Law Group recommend that owners regularly visit their properties, maintain open lines of communication with neighbors, and keep detailed records of their ownership to prevent any potential claims of adverse possession, which can be a complex legal battle.
Disclaimer – This list is solely the author’s opinion based on research and publicly available information.
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