Squatter’s rights, also known as adverse possession laws, represent a unique legal concept within the American property system.
These laws allow individuals who occupy a property without permission to potentially gain legal ownership under specific conditions.
The idea of someone moving into your property and eventually claiming it as their own might seem alarming, but it’s a reality governed by state-specific regulations.
Every state has its own version of these laws, but some states have conditions that make it relatively easier for squatters to assert a claim.
1. Alaska: Seven Years with Color of Title
In Alaska, squatters can claim a property after residing there for seven years if they possess “color of title”.
This term refers to a document that appears to be a valid property title but contains a defect. Without color of title, the required occupancy extends to ten years.
This distinction significantly impacts the ease with which a squatter can pursue an adverse possession claim.
2. Arizona: Three Years with Property Tax Payments
Arizona law allows a squatter to claim rights to a property after only three years if they consistently pay property taxes on the land.
However, if the squatter does not pay property taxes, the RTOO increases to ten years. This provision incentivizes squatters to contribute to the financial upkeep of the property, potentially strengthening their claim.
3. Arkansas: Seven Years with Property Tax Payments and Specific Land Conditions
Squatters in Arkansas can claim a property after seven years if they pay property taxes and the land is unenclosed and unimproved when they take residence.
The requirement for the land to be unenclosed and unimproved adds a unique dimension to the state’s adverse possession laws. Meeting these conditions makes it easier for squatters to make a claim.
4. California: Five Years with Property Tax Payments
In California, a squatter can make a claim after residing on a property for five years, provided they also pay property taxes during that period.
The combination of a relatively short occupancy period and the requirement to pay property taxes makes California one of the more accessible states for squatters seeking adverse possession.
5. Colorado: Seven Years with Color of Title
Under normal circumstances, squatters in Colorado need to reside on the property for 18 years before they can make a claim, but there’s an exception.
If they can show color of title, Colorado squatters need only reside on the property for seven years.
6. Georgia: Seven Years with Color of Title
In most circumstances, squatters have to reside on a property for twenty years before they can make a title claim in Georgia. However, there is a notable exception. If they have color of title, the RTOO drops to seven years.
7. Illinois: Seven Years with Property Tax Payments
If a squatter pays regular property taxes on the land they want to take, they may be able to make a claim after seven years in Illinois. In many cases, though, it takes 20 years of continuous residence to make a claim.
8. Kentucky: Seven Years with Color of Title
If a squatter has color of title, they can make a property claim after a mere seven years in Kentucky. That said, in other situations, it takes 15 years.
9. Montana: Five Years of Property Tax Payments
In Montana, squatters must pay property taxes before they can make a claim on a property. However, they only need to do so for five years.
10. Tennessee: Seven Years with Color of Title
Tennessee’s adverse possession laws state that squatters with color of title can make a claim on a property after seven years. Under other circumstances, squatters must reside on the land for at least two decades.
11. Texas: Three Years with Color of Title
If a squatter has color of title in Texas, they can make an adverse possession claim after only three years. If they don’t have color of title but make improvements to the land, they can make a claim after five years.
12. Utah: Seven Years with Property Improvements
In 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: Seven Years with Property Tax Payments
Squatters who have lived on a property in Wisconsin for seven years can make an adverse possession claim as long as they’ve paid property taxes.
In other situations, though, squatters must have lived on the property for at least twenty years before making a claim.
Alicia Richards