Squatters Rights Law in the United States - definition, types, and examples | Lawrina (2024)

Updated May 23, 2023

8 min read

Squatters Rights Law in the United States - definition, types, and examples | Lawrina (1)

Caring for and managing home or commercial real estate is always a timely and vital matter in the U.S. Every American cares about their own family, environment, and property and tries to protect them with weapons or a massive investment in all-round security.

However, these or similar preventive measures may not help if you no longer live in the residence or check up on the commercial property. An empty property can become an attractive place for squatters who do not have their own home and move into someone’s territory to live long-term.

If you wish to limit a squatter’s access and secure your property from them, you should learn more about their legal rights and your rights as a landlord. This guide will help you lawfully evict unwanted tenants and protect your home estate.

What Is a Squatter?

A squatter, or an adverse possessor, is a person who lives on your land without legal permission. They are people who entered the property and illegitimately occupied it. In some cases, squatters do this knowingly and intentionally. In many other cases, they incorrectly believe that they have the right to be on the land because of a fraudulent lease agreement, an agreement made with a previous owner, or another legal gray area.

Insight

Squatters can not only occupy residences but also move into any commercial property, for example, abandoned office buildings, schools, hotels, hospitals, etc.

Despite the property violation fact, squatters are not that easy to evict. A crucial eviction procedure and a state’s specific laws regulate whether a squatter can claim the rights for your property after a particular period of time.

What Are Squatters’ Rights?

Squatters’ rights, or adverse possession, are a set of legalities designed when homesteading was popular. The government wrote theHomestead Act of 1862, specifying rights to provide legal support for pioneers who moved onto land they perceived as vacant, built a home, and started raising livestock or growing crops. This was a way for pioneers to expand the amount of land under the U.S. government at the time.

Even though there might have been a time and place for these specific laws, this legislation remains on the books. The idea of moving onto vacant land or an empty home and making it your own still exists, meaning the laws still protect squatters.

The critical point that you should remember about squatters’ rights is that they are eligible to stay on your property unless you have not reported them within a specific period. As a lawful owner, you may not know about squatters at your vacant home for years, but they have the legal right to stay on your property if they pay back taxes, if any, and other necessary fees for the property.

The relations between a squatter and property owners are not the same as between a landlord/owner and a renter. Renting a house or apartment always requires documentation, for example, a basic lease agreement that helps solve anylandlord-tenant dispute. Squatters act independently and may pretend to have legal documents that “confirm” their legal occupation of a specific place or land, but these documents certainly do not ensurelaw enforcementis on their side.

Nevertheless, you cannot remove squatters without an official eviction notice. You cannot use violence against adverse possessors, either. Otherwise, they can file a lawsuit against you. A court may not consider your statements that you were protecting your property as valid.

Why Do Squatters Have Rights?

Since living in the U.S. sometimes costs a fortune, seeking abandoned homes is much more affordable. Squatters are not necessarily homeless people; they can be law-abiding citizens with a decent annual income that enables them to pay taxes and other essential fees for the property.

Plus, if squatters do not damage anything in your home or do not steal your assets, they still cannot be arrested for living on your property. If you do not intervene by sending a letter of eviction to the unwanted guests, their right to claim to own your property will remain.

Remember that landlord-tenancy regulations do not apply to solving issues with squatters. To learn more about landlord-tenancy relations, read about landlord-tenant disputeresolution.

Squatting vs. Trespassing

Trespassing is a criminal offense, and the law can arrest someone who trespasses on land. Squatting, however, is regarded as a civil matter. The law can still arrest people who are squatting if they never paid utility bills, ignored the landlord’s eviction notices, or constituted a nuisance.

The most significant difference in legal terms is that a trespasser violates your property to gain access so they break in. But a squatter uses an unlocked door, an open, sliding glass window, or an already broken window to get in.

Which States Have Squatters’ Rights?

All states have squatters’ rights, but they vary regarding how long someone has to live on the property and what qualifies. The average period of occupying land or home uninterruptedly ranges from seven to 30 years.

For example, in Alabama, squatters can take possession if they pay taxes for 10 years, according to Title 6, Chapter 5, Section 200 of the Code of Alabama. But in Alaska, a squatter can get the property with a deed if they live on the property for seven years and paid taxes for 10 years.

In Arizona, a squatter must have a deed and pay property taxes for three or more years. If the land is part of a city lot, they need to have a deed and pay for it for five years. If a neighbor accidentally or intentionally builds on nearby property, if no owner objects, the neighbor gets the land after two years.

California requires tax payment on land for only five years to gain adverse possession. But in Colorado, squatters can take possession of land if they have a deed, have paid property taxes for seven years, or have lived there for 18 years.

When Do Squatters’ Rights Apply?

Adverse possession is a legal phrase that allows someone to gain ownership over property without actually paying for that property if:

  • The property is personal, not commercial;

  • They live on that property exclusively;

  • They live on the property for the specific length of time dictated by each state;

  • The rightful owner of the property does not try to evict or remove them within that particular time.

Assuming all squatters’ rights can apply. They do not differentiate between intentional and accidental possession, and generaltenancy standardsin the U.S. do not regulate them.

For example, your neighbor inadvertently builds a fence around a portion of your land but you do not object to that because you are unsure of the actual boundaries. Later, after a state-specific period, your neighbor can become a law-abiding tenant and gain legal possession of what could have been part of your land.

Steps to Protect Your Property From Squatters

Squatting laws by state all allow property owners to evict squatters. You can call the police if you see that someone is squatting on your property. If adverse possessors refuse to leave and start claiming squatters’ rights upfront, you can evict them. There is, however, a time during which you, as the property owner, must start the eviction process by sending an eviction notice. This timeframe is called the statutory period.

Given the complexity of removing squatters and the number of organizations to help adverse possessors, you should take steps ahead of time to protect your property in the first place. It can be complicated because there are often cases where squatters claim tenant rights because they signed a fraudulent lease agreement, though they did not know it was fraudulent. They could also pay rent to a con man or make an oral agreement with the owner to make improvements on the property instead of paying rent, even if the owner was a fraud.

Consider these steps of how you can prevent squatters’ invasion.

No trespassing

Property owners can post “no trespassing” signs to avoid adverse possession. They will indicate the owners did not abandon the property but frequently visit it.

Secure perimeter

As the rightful owner of any land owned, mainly a vacant home, you should safeguard the perimeter of your real estate. You don’t want to deal with a false lease agreement where a squatter allegedly had rent payments or a hostile claim where they believe they have legal possession. Equip your perimeter with lights, alarms that make noise and individual alarms on each of your windows. If you have fences, reinforce all your fences and all the locks.

Alarms

Consider installing alarms, especially those with cameras that can send real-time information to your smartphone. You can view what is happening on your property, take immediate action, or call the police and provide them with surveillance evidence.

Secure windows and doors

Be sure to secure all windows and doors. The difference between squatting and trespassing is that Be sure to secure all windows and doors with steel enforcement. The difference between squatting and trespassing is that squatters can enter in case of a broken window or unlocked door and be entitled to basic rights. If you don’t want your property to be a shelter for strangers, take care of its security, and no one will come in without your permission as an owner.

Visits

Visit your property regularly. The more often you or someone else visits your home, the sooner you can catch broken windows or doors squatters can enter.

How to Evict a Squatter?

If you found out that squatters are living on your property for some time, here are the main steps you should take.

  1. Call the police.
    Instead of acting on your own and using violence, you should ask the police to intervene. If squatters have broken your property or its parts, it is solid evidence for the police to file an official report. Also, if you tried to negotiate with adverse possessors and failed, provide this information to the police.

  2. Provide a formal eviction notice.
    Create an eviction notice and send it to the squatters. You can find an attorney onLawrinaand ask them to help you prepare this document and ensure its legality wherever you need to submit it.

Do Squatters Pay Property Taxes?

Depending on the state, squatters should pay property taxes apart from other required property fees. Suppose adverse possessors offer financing for the home they are occupying and pay all the amounts on time. In that case, they can count on obtaining the property ownership after a specific period of time that varies across the U.S.

Final Remarks

Squatters can be annoying, especially when you realize they have lived at your place for years. However, if you do not use your place anymore and have not sold it yet, you could provide it for those who seek shelter and legal protection. To make it happen, you should definitely try to negotiate with adverse possessors and decide for yourself – let other people in your property or keep it for your needs.

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Squatters Rights Law in the United States - definition, types, and examples | Lawrina (2024)

FAQs

What is an example of squatter? ›

One of the most common examples of a squatter is someone that breaks into a vacant property and begins to live there without authorization. However, a squatter also includes a tenant or renter that stops paying rent or whose lease has ended but refuses to vacate the property.

What are squatter rights in America? ›

Squatters rights refer to laws that allow a squatter to use or inhabit another person's property in the event that the lawful owner does not evict or take action against the squatter. Typically, squatters rights laws only apply if an individual has been illegitimately occupying a space for a specific period of time.

What is another name for squatters rights? ›

Adverse possession—otherwise informally known as squatters rights—is a legal term applied to a scenario where a person who does not have legal ownership of a property acquires it via continuous occupation of the property without permission from the owner.

How long is squatters rights in America? ›

Each state has its own laws regarding squatters' rights and the length of time, between 5-20 years, they must reside on the property to claim it. Furthermore, squatters must abide by the common laws of the doctrine. They are as follows: Squatters must have continuous possession of the land/property.

What is an example of a squatter settlement? ›

Kibera. Kibera, located in Nairobi, Kenya, is Africa's largest squatter settlement. Some estimates of the neighborhood's population are over one million inhabitants. While you won't find fresh running water from the tap here, recent water infrastructure projects have increased residents' access to clean drinking water.

What are professional squatters? ›

Professional squatters are people who move from one property to the next, taking advantage of innocent landlords with vacant property. While you may feel sorry for a squatter who has no place to live, it is also important to protect yourself and your investment from harm caused by unlawful occupants.

Why does America protect squatters? ›

Why Do Squatters Have Rights? The main goal of squatters' rights is to discourage the use of vigilante justice. If landowners were allowed to use violence or the threat of violence to evict a squatter, the situation could quickly escalate and become dangerous.

What is a serial squatter? ›

Serial squatters are squatters who move from rental to rental without ever being a legal tenant. Typically, they target small, independent landlords or roommates who don't run background checks or require leases.

What do you mean by squatting? ›

: to crouch close to the ground as if to escape observation. a hare squatting in the grass. : to assume or maintain a position in which the body is supported on the feet and the knees are bent so that the buttocks rest on or near the heels.

What state has the best squatter rights? ›

That's because Florida is one of the states with one of the highest prevalence of squatters. Squatters rights exist in Florida and indeed in the rest of the country. As a matter of fact, they can legally claim ownership of your property through an adverse possession claim.

Why are homeless people called squatters? ›

One such problem is that of squatters, which are people who unlawfully occupy uninhabited property or land. These people do not have the right to live on that property because it belongs to someone else, and yet they live their regardless of the fact.

What is the difference between squatting and adverse possession? ›

Adverse possession, sometimes referred to as squatting, is the occupation of land by a person who is not legally entitled to or authorised to be there.

What is the shortest time for adverse possession? ›

The statutory period for adverse possession may be as short as three years or as long as twenty years. Many jurisdictions allow an adverse possessor to "tack on" his or her period of adverse possession to a previous possessor's period, so long as there is no lapse in time between the two occupations.

What are squatters rights in NY? ›

New York's squatters' law allows homeless people and anyone else who attempts to establish residence on someone else's property, limited rights that will help them avoid a trespassing charge. In addition, squatters help their case to remain on the property properly maintain it while they are living there.

Is squatting illegal in Georgia? ›

Squatters' rights falls under a state statute called "adverse possession." The statute allows someone to gain ownership of another person's property by living there uninterrupted for 20 years. Until that happens, squatters can take up residence in an unoccupied house and claim they have rights to be there.

What are three characteristics of squatter settlements? ›

The squatter settlement is unplanned and has the following characteristics:
  • overcrowded and noisy.
  • houses are made from cardboard, wood, corrugated iron, plastic sheeting and metal from oil drums.
  • lack of sanitation, clean drinking water and open sewers.
  • pollution and disease are common.

What are the characteristics of squatter settlements? ›

They are characterized by a lack of most or all of the basic urban services like infrastructural, welfare, and community services. They lack the basic municipal services, such as water supply, sanitation, waste collection, or infrastructure, and are exposed to diseases, crimes, and natural disasters.

What is a slum settlement? ›

The word “slum” is often used to describe informal settlements within cities that have inadequate housing and squalid, miserable living conditions. They are often overcrowded, with many people crammed into very small living spaces.

How do I evict a squatter in Texas? ›

Texas doesn't have any specific laws regarding the removal of squatters from your property. This, therefore, leaves you with one option: the judicial eviction process. The eviction process must begin with serving the squatter an eviction notice.

How do I evict a squatter in NY? ›

How to Evict a Squatter in New York State
  1. Consult With a Real Estate Attorney.
  2. Notify the Squatter to Leave the Property.
  3. Serve the Squatter Notice.
  4. File a Formal Eviction Proceeding.
  5. Win the Eviction Case.
  6. Let the Sheriff Evict the Squatter.
May 7, 2023

How do I evict a squatter in Illinois? ›

Serve the squatters with an eviction notice clearly stating that as the owner of the property you want them to vacate the premises by a certain date or risk further legal action. If the squatters still refuse to vacate, you can approach the sheriff's office and they will assist you with the eviction process.

Why are people squatters? ›

Squatting occurs worldwide and tends to occur when people who are poor and homeless find empty buildings or land to occupy for housing.

How did Congress protect squatters? ›

How did Congress protect squatters? Congress passed the Preemption Act of 1830 that guaranteed squatters the right to claim land before it was surveyed and the right to but put to 160 acres for the government's minimum price of $1.25 per acre.

What was the Preemption Act of 1830? ›

The Preemption Act, changed the system to one where illegal settlers on the public domain (squatters) could buy land they occupied at the minimum price.

What is it called when someone lives in an empty house? ›

Squatting is when someone is occupying an empty or abandoned property which they don't own or rent, and without the owner's permission. This is often without the owner's knowledge and without any legal right to do so.

What is it called when you squat on a property? ›

Squatting – also known by the legal term of “adverse possession” – occurs when one or more people occupy your property without permission and don't pay you rent.

What is the show about squatters in your house? ›

Phrogging: Hider in My House.

What does squatting mean with police? ›

What is Squatting? Squatting, in the simplest of terms, is when a person moves into an unoccupied property that is not theirs and attempts to claim possession.

What is social squatting? ›

Social Media Squatting – aka “Username Squatting” – occurs when a third-party creates a social media username that is identical to or confusingly similar to a brand owner's trademark or service mark and subsequently uses that social media account with a bad faith intent.

What is a sentence for squat? ›

She had squatted down on her heels. He bent to a squat and gathered the puppies on his lap. Eddie was a short squat fellow in his forties with thinning hair. You can't simply wander around squatting on other people's property.

What country has the shortest squatters rights? ›

“The only place I know where squatters gain rights in a very short time is Costa Rica, where someone can gain minimal rights after as little as 30 days on the land. Other countries, including the United States, have adverse possession laws, whereby rights accrue over many years, typically 10 to 15.

How do I stop squatters on Airbnb? ›

How to Prevent Squatters
  1. Screen and verify your Airbnb guests. You should only accept bookings from verified guests on Airbnb (those with the verified badge beside their name). ...
  2. Ask your guests to sign a rental agreement. ...
  3. Encourage bookings through Airbnb.
Jun 17, 2022

How long does it take to evict a tenant in Florida? ›

On average, an eviction process takes about 15 days if there are no valid defenses to the eviction action. An eviction occurs when a tenant has breached the terms of the tenancy in some material way, or has refused to move out once the rental agreement has expired.

What is it called when someone takes your property without your permission? ›

Definition of Larceny: Elements of the Crime

The unlawful taking and carrying away. Of someone's personal property. Without the consent of the owner and. With the intent to permanently deprive the owner of the property.

What is the penal code for squatting? ›

Penal Code 647(e) deals with the act of “squatting,” or “unlawful lodging.” Someone squats on someone else's property when they live on the property without that person's permission. Squatting is considered a misdemeanor-level offense in California.

What is the position of squat? ›

Stand with your feet shoulder-width apart, toes slightly out, core braced, and chest up. Initiate a basic squat movement — hips back, knees bent, ensuring they fall out, not in. Pause when your thighs reach about parallel to the ground. Push through your entire foot to return to start.

What is adverse possession in simple terms? ›

Adverse possession is a legal doctrine that allows a trespasser to claim title and ownership rights of a piece of real estate after a period of time. Requirements of adverse possession include exclusive use, continuous use and open takeover of the land.

What is the US Code for adverse possession? ›

43 U.S. Code § 1068 - Lands held in adverse possession; issuance of patent; reservation of minerals; conflicting claims.

What state has the shortest adverse possession law? ›

California has the shortest adverse possession time of just five years. Texas requires 30 years. Other states are in between. Ask a local real estate attorney for details in your state.

What is open and notorious possession? ›

open and notorious (not comparable) (law) A requisite condition of adverse possession stipulating that the disseisor's occupation of the property must be visible and provide reasonable (if tacit) notice to the disseisee.

Can a squatter be evicted if there is no lease in NY? ›

You would need to serve them a notice of eviction as you would to a holdover tenant. These have a minimum grace period for the squatter to respond of ten days. Past that, you can have them removed from your property, but you'd need to involve the local sheriff.

What is it called when squatters take over a property in NY State? ›

Adverse possession, sometimes colloquially described as "squatter's rights", is a legal principle in the Anglo-American common law under which a person who does not have legal title to a piece of property—usually land (real property)—may acquire legal ownership based on continuous possession or occupation of the ...

What is the 14 day notice to vacate in NY? ›

14 DAY NOTICE:

The 14 day notice must state the amount of the rent due and the period of time for which the amount is due, together with a demand that the total amount be paid within 14 business days after service of the notice. The date of service, Saturdays, Sundays and holidays are excluded.

What states is squat illegal? ›

Some states even ban squatted vehicles from driving on the roads. Currently, North Carolina and Virginia are the only states with laws prohibiting squatted trucks.

Can you go to jail for squatting in Texas? ›

This is illegal. Squatters do have rights, but they must fulfill the requirements for adverse possession to take advantage of them. If they do not fulfill these requirements, they can be arrested as criminal trespassers.

How long can you squat in a house in Tennessee? ›

A squatter can make an adverse property claim in Tennessee if they've occupied the property continuously for 20 years—seven with a color of title—and have regularly paid property taxes.

What is a real squatter? ›

What Is a Squatter? A squatter is a person who settles in or occupies a piece of property with no legal claim to the property. A squatter lives on a property to which they have no title, right, or lease. A squatter may gain adverse possession of the property through involuntary transfer.

What is a squatter AP Human Geography example? ›

Explanation: By definition, a squatter settlement is a collection of buildings aimed to provide housing and shelter for poor people in a city. The people who live in squatter settlements do not have legal rights to the land upon which they are built; therefore, they are living there illegally.

What are squatter areas like? ›

A shanty town or squatter area is a settlement of improvised buildings known as shanties or shacks, typically made of materials such as mud and wood. A typical shanty town is squatted and in the beginning lacks adequate infrastructure, including proper sanitation, safe water supply, electricity and street drainage.

What does squatter mean house? ›

Squatter housing was defined as housing illegally established and roughly constructed. The initial structure was small in size, made of low-quality materials, and built with nominal labor costs on squatter land with a nominal rent. The basic housing unit may be expanded over time.

What is the rank size rule? ›

This 'rule' predicts that, if the settlements in a country are ranked by population size, the population of a settlement ranked n will be 1/nth of the size of the largest settlement.

What are the three basic characteristics of a city? ›

Louis Wirth identified a city to have defining characteristics. What might these include? [Characteristics might include a large population, size, a heterogeneous nature, and a defined boundary.]

What is lateral commuting? ›

35. Lateral. Commuting. Commuting that occurs between suburban. areas rather than towards the central city.

What is another name for informal settlers? ›

Squatter (or informal dwellers)

What is a squatter camp? ›

/ˈskwɑːtər kæmp/ (South African English) ​an urban area where people live in shacks (= small buildings made of cardboard, wood or iron sheets that residents have built themselves) The poor are forced to live in squatter camps, often with no running water or sewerage systems.

What does squatting mean in slang? ›

Synonyms: crouch down, sit on your heels, hunker down [US, informal], sit on your haunches More Synonyms of squat. adjective. If you describe someone or something as squat, you mean they are short and thick, usually in an unattractive way.

Is it legal to squat in Texas? ›

Squatting Laws in Texas - An Overview. A squatter is someone who lives on a property to which they have no title, no rights, and/or no lease. But despite this fact, squatters have protections under federal and state laws. Under the Texas squatters' rights, a squatter can legally own property through adverse means.

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