The thought of someone moving into your property without permission is unsettling. Even more alarming is the possibility that they could legally claim the land as their own.
Squatter’s rights, also known as adverse possession laws, are a legal concept that many American property owners need to be aware of.
These laws allow individuals who occupy a property for a specific period to claim rights to it. While it might seem like a bizarre legal loophole, these laws are based on principles rooted in ancient Rome.
It’s important to note that every state has these laws, but the specific conditions and requirements vary significantly. This means that squatting can be easier in some states than in others.
The time it takes for a squatter to claim rights to a property varies significantly by state. Some states have lower time of occupancy requirements (RTOO), making it easier for squatters to claim rights faster. Here are some states where squatters can claim rights in less than ten years:
1. Alaska
A squatter must reside on a property for seven years if they have “color of title,” which means they possess something resembling a valid property title or deed that is defective in some way. Without the color of the title, the RTOO is ten years.
2. Arizona
The RTOO is only three years if the squatter begins paying property taxes on the land. If they don’t pay property taxes, they must reside there for ten years.
3. Arkansas
Squatters in Arkansas have an RTOO of seven years if they pay property taxes on the land, and the land must be unenclosed and unimproved before the squatter takes residence.
4. California
Squatters need to reside on a property for five years and pay property taxes during that time.
5. Colorado
Under normal circumstances, squatters need to reside on the property for 18 years, but if they have color of title, the RTOO is reduced to seven years.
6. Georgia
Squatters typically need to reside on a property for twenty years, but with the color of the title, the RTOO drops to seven years.
7. Illinois
If a squatter pays regular property taxes on the land, they may be able to claim after seven years. Otherwise, it generally takes 20 years of continuous residence.
8. Kentucky
With the color of the title, a squatter can make a property claim after seven years. Without it, the RTOO is 15 years.
9. Montana
Squatters must pay property taxes before they can claim a property, and they only need to do so for five years.
10. Tennessee
Squatters with the color of the title can claim a property after seven years. Otherwise, they must reside on the land for at least twenty years.
11. Texas
If a squatter has the color of title, they can make an adverse possession claim after only three years. If they don’t have the color of the title but make improvements to the land, they can claim after five years.
12. Utah
The RTOO for squatters is seven years. Squatters can show they’ve occupied the land by planting crops, installing a fence, or making other property improvements.
13. Wisconsin
Squatters who have lived on a property for seven years can make an adverse possession claim if they’ve paid property taxes. Otherwise, squatters must have lived on the property for at least twenty years.
The Squatter’s Burden: Proving Their Claim
Before making an adverse possession claim on a property, squatters must prove several things.
While requirements vary by state, they almost always have to show that they’ve continuously lived on the land, have no written agreement with the owner, and have made it obvious that they’re living there.
These requirements aim to ensure that the squatter’s presence is open, notorious, and without the owner’s permission.
Squatting vs. Trespassing: Knowing the Difference
Many people confuse squatting with trespassing, but they are not the same. Trespassing is a criminal offense where someone occupies land after the owner has made it clear they’re not allowed there.
Squatting, on the other hand, occurs when the owner hasn’t explicitly made it clear that outsiders aren’t allowed.
Sometimes, squatting isn’t a purposeful act. For example, if a neighbor builds a fence to enclose their property but accidentally goes over the property line, they could potentially claim the enclosed land as their own over time.
This highlights how crucial it is to be aware of property boundaries and actively manage your land.
Protecting Your Property: Strategies to Prevent Squatters
As a property owner, there are several steps you can take to prevent adverse possession claims.
- Mark Your Property: Clearly define property boundaries with fences. Although “no trespassing” signs aren’t legally sufficient in most states, they can help discourage potential squatters.
- Regularly Inspect the Property: Regularly check your property, especially if you don’t live there full-time.
- Offer to Rent: If you find a trespasser on your land, consider offering to rent it to them. Once a rental agreement is in place, they can no longer make an adverse property claim.
- Act Fast: If you discover squatters, act quickly to remove them. Many states require you to initiate a civil eviction process, which can take time and may require hiring a lawyer.
Alicia Richards