Squatter possession allows a person, such as a squatter, to acquire ownership of land owned by another person, provided certain requirements are met.
The requirements for an individual to claim unlawful possession vary from state to state. One of the biggest state differences regarding this law is how long an individual must occupy the land before they can bring a claim. Typically, this period is between 10 and 15 years, but in some states it can be as short as three years, according to Investopedia.
Read on to find out more about squatters and how you can protect yourself as a landowner.
Adverse possession gives one person ownership of another’s land if certain requirements are met. (Jim Watson/AFP via Getty Images)
Texas woman describes nightmarish experience trying to evict squatters who destroyed her home and sold her belongings
- What is unlawful possession?
- What does squatters have to do with illegal occupation?
- As a landowner, how can you protect yourself against squatters?
1. What is unlawful possession?
Squatter possession is a legal principle that allows an individual who has occupied another person’s land for a long period of time to claim that land as their own.
While each state has different requirements for claiming unlawful possession, here are the general criteria you must meet, according to Bankrate:
Continued Use
For someone to claim unlawful possession of your land, they must have occupied and used the land for a period of time defined by the state.
Build a fence around the perimeter of your property to clearly mark your boundaries. (Hristo Rusev/NurPhoto via Getty Images)
Hostile Use
In cases of unlawful possession, hostile use means that the interdictor must prove that the owner has not rented or leased the land or given the owner permission to use the land.
Texas real estate agent details ‘House of Horrors’: squatter-occupied property that’s ‘not even livable’
exclusive
Exclusive use refers to the fact that the person claiming ownership of land must be the sole occupant of that land.
Notoriously open
A person who wishes to claim squatter status must be open about their use of the land. They cannot hide their use of the land. It must be obvious to neighbors and other people around them that they are using the land.
Actual ownership
Individuals who live on land that is claimed as being in illegal occupation must act as property owners, including maintaining the property in good condition. In some states, this includes paying property taxes.
2. What is the relationship between squatters and squatters?
Squatters have sometimes become synonymous with what is known as “squatter’s rights.” Some states, such as Florida, have passed laws to protect homeowners from squatters, but in many states homeowners still have little power over squatters and must go through lengthy court proceedings to remove them from their property.
Post “No Trespassing” signs on your premises to protect against unwanted visitors. (Michael Blackshear/The Washington Post via Getty Images)
How Homeowners Can Combat Squatter Madness
Squatters can be intentional or unintentional. For example, a squatter who knowingly occupies an abandoned house may be able to claim unlawful possession if they’ve lived in the property for a period of time, according to Bankrate. This may be considered “squatter’s rights” in some states.
A common example of unintentional unlawful possession is when a homeowner builds a fence to separate their yard from their neighbor’s yard, but unknowingly steps onto the neighbor’s property. The homeowner who built the fence may be able to claim unintentional unlawful possession of the property.
3. As a landowner, how can I protect myself against squatters?
As a property owner, one of the most important things you can do to protect yourself from squatters is to keep a close eye on your property and the land surrounding it.
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Use fences and/or plant/tree walls to clearly mark property boundaries. Install “No Trespassing” signs where necessary.
If you have a large plot of land, inspect the property frequently to see if there are any irregularities.
