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Every state has laws regarding squatters. Squatters are people who stay in another’s house or property with no permission. The property’s owner will obviously want to remove squatters, but each state has its own rules and laws for how and when this can be done. Some notable examples of state laws regarding squatters are below.
After 7 years, squatters can claim a home that isn’t theirs. However, they must not sneak in and around the place. Unless an owner tries to evict them, they eventually take over that property. Financial rules also apply, such as having to pay property taxes. One person per property only typically applies to squatters attempting to claim land. An adverse possession cannot be divided among more than one person.
Squatters can claim property after having lived on it continuously for 5 years. During this time, the trespassing person must have paid property taxes. They also need to make improvements on the property, and the owner has to know they are there without trying to conceal their presence. The owner must not have tried to evict them either.
Florida sees anyone that occupies a property without an owner’s consent as a squatter. Unlike trespassing, which usually might only last a few days or weeks, squatters intend on permanently taking over the property. They must have lived on the premises for 7 years without owner eviction. Moreover, they must not hide the fact that they stay on site, and they also must prove they have paid property taxes. Other rules apply too, and owners typically need to take legal action against squatters if they want.
A squatter must have lived on a piece of Montana property without an owner's permission for 5 years. In addition, they need to have claimed a title to the real estate. That one squatter must be the only one living there for that period. They must not hide and the owner must know they are occupying that space. Once these and related criteria are met, the squatter takes adverse possession of that land. Situations like this are complicated and often require legal representation.
A case published in a Nashville newspaper illustrated how a squatter lived in a home that foreclosed in 2012. This person paid property taxes, and he moved in to keep the county from taking the house. In Tennessee, a person has to occupy a property for 7 continuous years. If the owner doesn’t kick out the squatter, they can claim the property. It’s not necessarily this simple, however. Situations like this might involve time in court, such as if the owner tries to evict squatting inhabitants.
If persons in Utah have continuously occupied property for 7 years, they could take adverse possession of it. However, several stipulations apply. They must claim title to that land and have paid related taxes. The original owner also must not have forced them to leave. To claim possession of land not inhabited with the owner’s permission, it usually only applies to one person living on the property. The adverse title claim cannot usually be divided among multiple people.
Property ownership laws and Required Time of Ownership (RTOO) can change at any time. Interested parties are encouraged to confirm local laws before filing any legal claims.
State | Squatters Rights RTOO Minimum Yrs | Squatters Rights RTOO Maximum Yrs | Notes |
---|---|---|---|
Alabama | 10 | 20 | RTOO drops from 20 years to 10 with paid property taxes |
Alaska | 7 | 10 | RTOO is 10 year in good faith, 7 years for color of title |
Arizona | 3 | 10 | RTOO is 10 years with occupation, dropping to 3 years with paid property taxes |
Arkansas | 7 | 15 | RTOO is 7 years with paid property taxes, color of title for wild land is 15 years |
California | 5 | 5 | Squatter must have paid property taxes during the five years |
Colorado | 7 | 18 | 18 years with possession of property, shortened to 7 years with color of title and paid property tax... |
Connecticut | 15 | 15 | |
Delaware | 20 | 20 | Claimant must live on property |
Florida | 7 | 7 | Must occupy for 7 years and either pay taxes or hold color of title |
Georgia | 7 | 20 | RTOO drops from 20 years to 7 with color of title |
Hawaii | 20 | 20 | |
Idaho | 10 | 10 | Requires payment of taxes and possession for 20 years |
Illinois | 7 | 20 | 20 years with color of title and possession, 7 years for possession and continuous payment of taxes. |
Indiana | 10 | 10 | Requires payment of taxes |
Iowa | 10 | 10 | Requires continuous possession |
Kansas | 15 | 15 | |
Kentucky | 7 | 15 | 15 years with residency alone, 7 years with residency and color of title |
Louisiana | 10 | 30 | 30 years with residency alone, 10 years with residency and color of title |
Maine | 20 | 20 | |
Maryland | 20 | 20 | |
Massachusetts | 20 | 20 | |
Michigan | 15 | 15 | |
Minnesota | 15 | 15 | Requires payment of taxes |
Mississippi | 10 | 10 | |
Missouri | 10 | 10 | |
Montana | 5 | 5 | Requires payment of taxes |
Nebraska | 10 | 10 | |
Nevada | 15 | 5 | 15 years with residency alone, 5 years with residency and color of title while paying taxes |
New Hampshire | 20 | 20 | |
New Jersey | 30 | 30 | |
New Mexico | 10 | 10 | Requires color of title |
New York | 10 | 10 | |
North Carolina | 20 | 7 | 20 years with residency alone, 7 years with residency and color of title |
North Dakota | 10 | 20 | 20 years with residency alone, 10 years with residency and paid taxes |
Ohio | 21 | 21 | |
Oklahoma | 15 | 15 | |
Oregon | 10 | 10 | |
Pennsylvania | 21 | 21 | |
Rhode Island | 10 | 10 | |
South Carolina | 10 | 10 | |
South Dakota | 10 | 20 | 20 years with possession alone, 10 years with possession and color of title while paying taxes |
Tennessee | 7 | 20 | 20 years with residency alone, 7 years with residency and color of title |
Texas | 5 | 10 | 10 years with residency alone, 5 years with possession and color of title |
Utah | 7 | 7 | |
Vermont | 15 | 15 | |
Virginia | 15 | 15 | |
Washington | 10 | 7 | 10 years with residency alone, 7 years with residency and color of title or while paying taxes |
West Virginia | 10 | 10 | |
Wisconsin | 7 | 20 | 20 years with residency alone, 10 years with residency and color of title, 7 years with residency wh... |
Wyoming | 10 | 10 |