Across the United States, squatters can claim rights to property through a legal concept known as adverse possession.
This principle allows people to acquire ownership of land after meeting certain conditions, including continuous and open use of the property for a number of years, which varies by state. However, it often leads to confusion for those not familiar with the details of the law.
Let’s look at these laws in detail so you can better protect your assets and prevent property loss.
Rights Overview
Squatter’s rights, or adverse possession, allow a person to claim ownership of a property after occupying it for a certain period without the owner’s permission. This legal concept has roots in ancient times, intended to encourage the productive use of land. Each state has different laws, but typically, the squatter must openly inhabit and improve the property for five to thirty years.
New York
In New York, squatters must continuously occupy a property for at least ten years. The law stipulates that the occupation must be notorious, exclusive, and against the rightful owner’s interests. These strict requirements aim to prevent frivolous claims yet often lead to complicated legal battles.
California
California requires a squatter to possess a property openly and notoriously for five years, along with paying taxes on the property. This additional tax payment requirement is unique to California and a few other states. The state’s approach balances property rights with the reality of housing shortages and unused spaces.
Texas
Texas law emphasizes the visible, continuous, and exclusive occupation of a property for a period of ten years. Squatters must also cultivate, use, or improve the property. These stipulations are designed to ensure that only those truly invested in the property’s upkeep gain possession rights.
Florida
Florida mandates a seven-year period of continuous occupation for squatters to claim adverse possession. During this period, the squatter must also pay property taxes. Plus, they must have a color of title, which is a document appearing to convey ownership but is legally ineffective. This combination of requirements reflects Florida’s effort to protect property owners.
Illinois
Illinois sets a high bar for squatters by requiring 20 years of continuous possession and payment of property taxes. This lengthy period is one of the longest in the U.S. Illinois’ approach aims to discourage squatting while ensuring the legal owner has ample time to reclaim their property.
Pennsylvania
In Pennsylvania, the requirement is 21 years of continuous, notorious, and exclusive possession. The state also insists that the possession is hostile, meaning without the owner’s permission. This long period and the necessity of hostility create a challenging environment for squatters to successfully claim adverse possession.
Ohio
Ohio requires squatters to occupy a property for 21 years to claim adverse possession. The law insists on continuous, exclusive, and open use of the property without permission from the owner. This extensive period is designed to protect property owners.
Michigan
In Michigan, squatters can claim adverse possession after 15 years of continuous occupation. The law requires that the possession be visible to the public, ensuring that the property owner has the opportunity to dispute the claim if desired. Michigan’s approach reflects a balance between protecting ownership rights and recognizing the potential benefits of reclaiming unused land.
Georgia
Georgia mandates a 20-year period for adverse possession claims, one of the longer time frames in the country. This duration ensures that squatters significantly invest in the property. The state’s laws are particularly strict regarding the need for clear and hostile possession.
Nevada
In Nevada, a squatter must possess the property for 15 years. They must also pay property taxes during that time to qualify for adverse possession. This combination of requirements makes Nevada one of the tougher states for squatters.
Washington State
Washington requires a continuous occupation period of 10 years for adverse possession claims. The occupation must be open and notorious. This timeframe is intended to prevent misuse of the law while allowing for the rehabilitation of neglected spaces.
Colorado
Colorado demands an 18-year period of adverse possession. Squatters must also make improvements to the property, signifying a genuine commitment to the upkeep and enhancement of the land.
Arizona
Arizona allows squatters to claim adverse possession after a period of 10 years. The state requires that the possession be hostile, actual, and exclusive. Arizona’s laws are designed to resolve situations where land might otherwise remain vacant and unattended.
Minnesota
Minnesota requires a 15-year period of adverse possession. The state also requires the payment of property taxes throughout that time. These stringent requirements are aimed at ensuring that squatters contribute to the state’s economy and take responsibility for the land they occupy.
Maryland
In Maryland, squatters must occupy the property continuously for 20 years to claim adverse possession. This long period, coupled with the requirement that the occupation be open and notorious, ensures that property claims are well substantiated. Maryland’s approach is designed to prevent misunderstandings and protect rightful property owners.
Virginia
In Virginia, squatters must occupy a property for 15 years to claim adverse possession. The state requires that the possession be open, continuous, and exclusive, with a clear intent to take ownership as evidenced by the squatter’s actions. Virginia’s laws aim to balance the interests of property owners with those who might put abandoned property to good use.
Rhode Island
In Rhode Island, a squatter must occupy a property continuously for 10 years to assert adverse possession. This standard requires that the occupation be open and notorious to the public, making it evident that the squatter has taken possession. Rhode Island’s relatively shorter period reflects its intention to resolve property disputes swiftly and efficiently.
Connecticut
Connecticut mandates a continuous, exclusive, and open occupation of a property by a squatter for 15 years. This extended period ensures that only those genuinely committed to the property can claim ownership, thereby reducing frivolous claims. The state’s laws aim to protect both the property owner’s interests and the potential benefits of productive land use.
Oregon
Oregon requires a squatter to possess a property for 10 years, and the possession must be continuous, exclusive, and hostile. Oregon’s laws reflect a balanced approach, recognizing both the rights of the original owners and the potential benefits of new ownership.
Kentucky
Kentucky distinguishes itself by requiring only 7 years of adverse possession if the squatter has color of title and pays property taxes during this period. This requirement not only encourages the productive use of property but also ensures that squatters contribute financially to the local economy.
