What are Squatters' Rights? (2024)

Updated February 3, 2022

If you’ve ever hosted a social gathering, you might be familiar with the phenomena of the guest who wouldn’t leave. Such a guest overstays their welcome and becomes a great source of annoyance.

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Now imagine how frustrating it would be to have someone come onto your propertyuninvited, and then they decide to live there. Unfortunately, it’s something that happens from time to time. It’s called “squatting.”

Key Takeaways: for Squatter’s Rights

  • Squatters’ rights, or Adverse Possession, refer to the rights a squatter may gain if they occupy a property for a certain period without the owner taking legal action against them.
  • The time frame for establishing squatters’ rights varies by state, ranging from 7 years to over 20 years.
  • Squatting is a form of trespassing but involves the intention of claiming ownership or permanent residency.
  • Property owners must follow a legal eviction process to remove squatters, typically beginning with a call to local law enforcement and filing an Unlawful Detainer Action.
  • In some cases, squatters may pay property taxes to strengthen their adverse possession claim, but owners should continue paying their taxes as well.
  • Property owners and landlords should familiarize themselves with squatters’ rights and consult an attorney when necessary to ensure proper handling of such situations.

Which States Have Squatters’ Rights?

Most states have laws regarding squatters’ rights. It just depends on how long the squatter has been occupying the property. Here is a table showing how long it takes for squatters’ rights to be established in each state:

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 | Oregan | Rhode Island | South Carolina | Texas | Washington | West Virginia | Wyoming

7 Years or Less
Arkansas | California | Florida | Montana | Tennessee | Utah

History of Squatting

In the days of the Wild West, ranch owners could deal with errant squatters by riding out in a posse and chasing the squatters off their land. Obviously, a lot has changed since the days of stage coaches and gold rushes, because nearly every state has laws stating a landlordcannotuse force or the threat of force to disburse squatters from their property. Instead, they must file the proper paperwork and work through legal channels.

The idea of squatting goes back to medieval England and its common law. The king’s courts would routinely rule in favor of individuals who occupied a property without permission, providing the owner did not take action against them within a certain statute of limitations.

Back in those days, squatter conflict routinely come into play when peasants seeking escape from the tax burden of their current location would move into the country and build a house on the land, acquiring the property by assumption (a common practice at the time).

Ancient Welsh folk tradition states that if a person can build a home on common land in one night, it would belong to them free and clear. This is known as a “the one-night house.” Other variants of the belief specify that a squatter would need to have a fire burning in the hearth by morning, whereupon they could extend the boundaries of their newly acquired property by throwing an axe as far as possible from all four corners of the home.

Thankfully in the United States, such practices are no longer applicable. State legislatures have created a more concrete set of rules regarding squatting.

However, if an individual unlawfully takes possession of a property and occupies it consistently for a certain period of time, they may actually establish a stronger claim to the property than the actual owner. Though it sounds bizarre, squatting is quite common, and a popular tool used by ill-intentioned individuals to take possession of abandoned properties.

What is a Squatter?

A squatter is anyone who begins to inhabit a piece of property or land without the legal right to do so. In other words, they are not renting the property from the owner (wherelandlord-tenant lawcomes into play) and they do not have permission to use it.

You might think an unauthorized occupant would be easy to eject from a residential property or vacant retail property (especially when there is no lease agreement to content with), but an unauthorized tenant (or adverse possessor, as they are called in the legal world) has the right to go through an eviction process. The rightful owner of the property must act within a certain statutory period (outlined above state by state) before the adverse possession law in their state gives legal title to the squatter who has taken possession of the real property.

It seems like a nightmare come true, but it’s a perfect example of why real estate should never be considered a completely passive income. It’s important to check up on real property, especially vacant property, and make sure that nothing will impede on your valid and legal claims to it.

What Are Squatters’ Rights?

Squatter’s rights (also known as adverse possession) allow a squatter to continue their use/occupation of a property in the event that the true owner or landlord does not take action within a certain time frame.

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. Moreover, it would create a climate of vigilante justice that could spill into other areas of life, reducing the safety of society that people have generally come to expect from the places they live.

Squatters have rights so that, in the bigger picture, justicecanbe facilitated. It’s very similar to tenants’ rights that protect a renter from an unscrupulous landlord. The laws spell out the rights of each party involved to keep the real estate markets stable and negotiations (mostly) peaceful.

What’s the Difference Between Squatting and Trespassing?

Trespassing involves entering a property unlawfully, either for a moment or with the intention of lingering.

Squatting is technically a type of trespassing, but squatters take it one step further: they have the intention of taking an ownership claim and/or making the property their permanent residence.

Oftentimes squatters will take possession of unattended real estate, such as a vacant building. Not only are these buildings more loosely monitored, but they are also easier to take legal possession of by squatting.

In most cases, a property occupied by the owner does not fall into squatter’s rights law because the owner does not need to go through eviction motions to remove a trespasser. In some states, the use of force to remove trespassers from an owner-occupied property is a protected right—though, if possible, it’s best to call the police and allow them to use that force, if necessary.

How Do You Get a Squatter Out?

Peacefully and legally—not with violence or the threat of violence.

Your best bet is to call local law enforcement first. Keep in mind they will not be able to evict the squatter right away, but they will be able to accompany you to the property to ask the squatter to leave and file a police report that can later be used in court to demonstrate that you took action against the squatter.

Your next step is to file an Unlawful Detainer Action. The process varies from state to state, so it’s best to solicit the services of an attorney. This action will trigger the process of serving the squatter with a formal eviction notice, which is most often furnished by a local sheriff.

If the squatter does not follow the eviction notice by the date they are ordered to vacate the premises, you can file a suit in court. In most states, this is referred to an unlawful detainer lawsuit. Both parties are required to attend the unlawful detainer lawsuit, but if the squatter does not show, the judge will most likely rule in your favor. If that happens, the police will be ordered to forcibly evict the squatter from the premises.

Once the squatter is removed, you may think that you can go in and remove any belongings they left behind, but you’d be surprised to learn that may not be legal in your state.

Bring written notice of what you intend to do with any property left behind to the court hearing. Speak with your lawyer to make sure you are following the requisite procedures. In some states, you are not allowed to handle the squatter’s property for a certain period of time. If this is the case, be careful to avoid moving anything (even if it seems like trash) unless you consult with your lawyer first. You never know—the squatter could claim you removed a valued possession, which could bring further legal complications.

Do Squatters Pay Property Taxes?

In some instances, they very well may pay property taxes in an attempt to solidify their adverse possession claim against the property. However, in some states, they are not required to pay property taxes as part of their claim to the property.

If a squatter is occupying your property and paying taxes, do not assume that you can skip out on paying yours. You don’t want to give their claim validity in any way.

A Property Owner Needs to Be Familiar with Squatters’ Rights

The idea of someone unlawfully entering your property and taking possession of it may seem impossible, but property owners beware: it can happen.

While you might think of a squatter as a homeless individual with limited legal resources, don’t make any assumptions. There are many reasons squatters rights can come into play—estate disputes and a holdover tenant from previous rental property agreements are both prime examples.

This is why anyone learninghow to become a landlordmust familiarize themselves with the legal rights and processes associated with tenants, squatters, and trespassers. It’s also a good idea toconsult with an attorneyshould any questions regarding these laws arise. You hope that you never have to deal with a squatter, but should you need to, you’ll be glad to have an expert in your corner.

Bonus Video

What are Squatters' Rights? (2024)

FAQs

What are squatters rights in the US? ›

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 an example of a 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 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.

What rights might be quoted to remove squatters? ›

What "right" might be quoted to remove "squatters" (people who are not authorized to occupy a property) from a piece of land or a home? The answer is the right of exclusion. Under exclusion, the owner controls who may enter and occupy a property.

Why does America allow 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.

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

Squatters may claim adverse possession after living on a property continuously for a minimum of 30 years (§ 2A:14-30). A squatter has the legal right to ownership if they have possessed a property for more than 10 years without interruption (Article 5 § 501, 511).

What are 3 consequences of squatter settlements? ›

The effects of squatter settlements include high mortality rates, high crime rates, unsafe living conditions, and pollution. Improvements in infrastructure and government services are necessary to address deficient development in squatter settlements.

What are 5 characteristics of squatter settlements? ›

  • houses built from dried mud as the walls and corrugated iron for the roof.
  • no toilets.
  • no electricity between phone lines.
  • no running water, sewage or electricity in homes.
  • no paved roads or sewers.
  • little space between houses.
  • no infrastructure.
  • extremely high density's.
Feb 3, 2014

What state is the easiest to squat in? ›

Arizona makes it fairly easy for squatters to take possession of property. Unlike some states that require two decades of occupation, Arizona permits a squatter to take possession after two years (under certain circ*mstances).

Why are squatter settlements illegal? ›

A squatter settlement, due to its inherent "non-legal" status, has services and infrastructure below the "adequate" or minimum levels. Such services are both network and social infrastructure, like water supply, sanitation, electricity, roads and drainage; schools, health centres, market places etc.

Why is it called squatting? ›

From Middle English squatten, from Old French esquatir, escatir (“compress, press down, lay flat, crush”), from es- (“ex-”) + quatir (“press down, flatten”), from Vulgar Latin *coactire (“press together, force”), from Latin coactus, perfect passive participle of cōgō (“force together, compress”).

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 do you mean by squatting? ›

: 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. squatted by the campfire.

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

Florida has three types of eviction notices to get rid of squatters: 3-day Notice to Quit or Pay: The person has three days to pay rent. Failure to pay means they have to leave the property.

Is squatting a crime in the US? ›

In the United States, squatting is illegal and squatters can be evicted for trespassing. Real estate managers recommend that vacant properties be protected by erecting "no trespassing" signs, regular checks, tenant screening, and quickly finding new tenants.

Are squatters rights OK? ›

While some may find this surprising, squatters in California do have rights. When one occupies your property, they may be able to make a legal claim to it through adverse possession rights. In California, a squatter may be able to file an adverse possession claim after occupying a property for just 5 years.

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 states is squatting trucks illegal? ›

Currently, North Carolina and Virginia are the only states with laws prohibiting squatted trucks. Other states, like South Carolina, want to move toward passing legislation that would ban these vehicles. Violators would face an increasingly expensive fine, and repeat offenders could have their licenses suspended.

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

Is squatting illegal in Georgia? ›

Squatters may claim legal ownership of the property they are occupying after a certain amount of time has passed through a process called adverse possession. In Georgia, squatters may claim adverse possession after 20 years of continuous occupation or just seven years with a color of title.

What is the biggest 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.

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.

Where are most squatter settlements located? ›

Squatter settlements, widespread in urban Africa, Latin America, and South and Southeast Asia, are a characteristic feature of contemporary urbanization.

What is another name for squatters? ›

On this page you'll find 12 synonyms, antonyms, and words related to squatter, such as: settler, homesteader, pioneer, and illegal tenant.

What are the main challenges facing people living in squatter settlements? ›

Poor housing and living conditions, poor health-care options, low standard of living, lack of adequate water supply and sanitation, and poor urban basic services are the challenges.

What type of people live in squatter settlements? ›

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.

Should you have a spotter when squatting? ›

The back squat is often performed at high loads, and that comes with the risk of injury or danger if there is a mishap such as failing the repetition. For this reason, it is important to have spotters that support you during the execution. Spotters also provide the squatter with confidence and reassurance for safety.

Do I need a spot for squats? ›

ICYDK, it's valuable to have someone spot you during any exercise that's performed over the head (e.g. barbell shoulder press), over the face (e.g. barbell bench press), or with the bar resting on the back or on the front of the shoulders (such as a back squat or front squat, respectively), according to the National ...

What is considered a legal squat? ›

How deep is deep enough? Remember, the rule is that the top surface of the leg must go lower than the top of the knee. Every lifter, coach, and referee will have a different opinion on what that means. Ultimately, though, it's the referees in powerlifting who will determine if you're deep enough.

How far down can you squat? ›

You should squat no lower than the point where your hip begins to tuck under and you lose the natural arch in your lower spine. When your spine flattens out with a heavy barbell across your shoulders, a large amount of hydraulic pressure is imposed on the discs in your spine.

What makes a squat legal? ›

To get squatter's rights in California, you must ensure that the property you plan to occupy or are already occupying is completely vacant. If another person (or people) reside on the property, you might be trespassing rather than squatting.

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.

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.

What is the purpose of squatter settlement? ›

Squatter housing arises out of a variety of circ*mstances, including an inadequate supply of old depleted formal housing near the central business district. Squatter housing is attractive to migrants and others in low-income and insecure employment.

Who invented squatters rights? ›

In 1841 Henry Clay devised a compromise by providing squatters the right to buy 160 acres of surveyed public land at a minimum price of $1.25 per acre before the land was sold at auction. Revenues from the preemption sales were to be distributed among the states to finance internal improvements.

What does squatting mean for homeless? ›

Homeless people who squat occupy empty, usually disused or abandoned property, not other people's homes.

Why squatting is better? ›

Squatting equals more muscle activity, reduced health risks

The researchers suggested that, because the Hadza squat and kneel and have high levels of movement when not at rest, they may have more consistent muscle activity throughout the day. This could reduce the health risks associated with sedentary behavior.

What is it called when someone takes over someone else's property? ›

As mentioned above, adverse possession is a legal situation that occurs when one party is granted title to another person's property by taking possession of it. This can happen intentionally or unintentionally with or without the property owner's knowledge.

What is it called when someone takes your property? ›

Theft is a crime that sometimes goes by the title "larceny." In general, the crime occurs when someone takes and carries away someone else's property without permission and with the intent to permanently deprive the owner of it.

What state has the best adverse possession? ›

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 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 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 a face squatter? ›

From Longman Dictionary of Contemporary Englishface‧squat‧ter /ˈfeɪsˌskwɒtə $ -ˌskwɑːtər/ noun [countable] someone who officially takes a username for the social networking website Facebook which someone else wanted to use —facesquatting noun [uncountable]

Can I kick someone out of my house without notice in Florida? ›

Unlike an Eviction, a Homeowner does not have to give notice to the Family member or individual that they are trying to remove. This is because there is no Landlord/Tenant Relationship. Once you file the Unlawful Detainer, they have 5 days to respond.

Can you squat in an abandoned house in Florida? ›

Squatters can lay claim to a property (usually abandoned, foreclosed, or otherwise unoccupied building) after living in it for a continuous period of time. In the state of Florida, for an adverse possession claim to be valid, a squatter must have lived in the property for at least 7 years.

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

In other words, a squatter cannot leave the vacant property for a consecutive series of weeks, months, or years without losing their ability to claim it as their home. The length of time a squatter must continuously occupy a property in Florida to claim squatter's rights is seven years.

Can you kick someone out of your house? ›

You are usually not required to give a guest a 30-day notice, no matter how long that person has lived in your home. Most of the time, you can sue to evict a guest as soon as you have asked the person to leave and they have refused to move out.

Can police remove squatters in Florida? ›

Under Chapter 82, Section 35 of the Florida code, police can remove unwanted squatters if a property owner gives them a sworn affidavit claiming the transient occupants are unlawfully residing on the property.

How did squatters get their land? ›

Squatters pressured Congress to allow them to acquire permanent title to their land without bidding at auction. Congress responded by passing a series of temporary preemption laws in the 1830s.

How do you get rid of someone who won't leave your house? ›

You may call local law enforcement to remove them from your home if they refuse to leave. In areas with strong renters protections, or if rent was ever paid, either in cash or via services or other household contributions, it may be more complicated.

Can someone force you to leave their house? ›

Houseguests who have been asked to leave and overstayed their welcome are technically committing a crime—trespassing. Despite this fact, getting rid of a trespassing houseguest can be challenging.

What to do if someone keeps coming to your house? ›

What To Do When an Intruder Is in Your Home
  1. Verify their presence.
  2. Stay calm.
  3. Determine if you can escape.
  4. Stay put.
  5. Call the police.
  6. Keep quiet.
  7. Take notes afterward.

Why are squats banned? ›

Law enforcement agencies have been in favor of banning the squat because it makes it difficult for drivers to see what's ahead of them.

Is it illegal to ride in the bed of a truck in the US? ›

The easy answer to your question is that it depends. While 31 states place some regulation on passengers riding in the bed of a truck, there are still 20 states that have no legal regulation.

Can you change the locks on a squatter in Florida? ›

Squatting is not legal in Florida. However, squatters still have certain rights. As an initial matter, you can't simply change the locks or get the sheriff to throw them out of the house. You will have to go through the legal system to get them off of your property.

Can you go to jail for squatting in Florida? ›

Usually, squatters access a property through unlocked entrances, such as a broken window. Being a crime, a trespasser can be arrested and charged in court. However, the same cannot be said of squatters. To remove a squatter in Florida, you must go through the formal eviction process.

How common is squatting? ›

The United Nations estimated in 2003 that there were one billion slum residents and squatters globally. Squatting occurs worldwide and tends to occur when people who are poor and homeless find empty buildings or land to occupy for housing. It has a long history, broken down by country below.

Why do people have to live in squatter settlements? ›

The primary causes of squatter settlements are population growth in urban cities and lack of affordable housing. City populations have been growing largely due to rural-to-urban migration. Rural farmers, workers, and their families move to cities searching for better employment and educational opportunities.

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