In some cases, individuals who meet certain requirements may be able to occupy your property. This is legally known as “unlawful possession.”
As squatting cases rise in certain areas across the country, Fox News Digital investigated what’s commonly known in the legal world as “squatting” – a mechanism by which individuals can occupy private property under certain conditions.
Squatter possession is closely related to the issue of squatters and is commonly referred to as “squatters’ rights.”“
Stories of squatters are popping up all over the country and illegal occupation is coming to light.
Squatters can be intentional, for example in the case of squatters, or they can be unintentional. An example of unintentional squatters is when a homeowner puts up a fence to mark their property line, but unknowingly walks onto their neighbor’s land. The homeowner who put up the fence may later claim unintentional squatterism on their neighbor’s land.
Squatters often lead to lengthy legal battles. In some cases, squatters can occupy the rightful owner’s land. For this reason, homeowners need to know the laws in their state to protect themselves. (iStock)
A Florida landlord evicted squatters a year ago, and her story led to the passage of legislation to protect homeowners.
Each state has different requirements for a squatter to occupy land through illegal occupation. Fox News Digital looked into the states that have the fewest requirements for a squatter to claim land.
Each state’s rules regarding this law include factors such as how long the squatter has continuously resided on the property and whether they have paid taxes.
For example, Maine and Massachusetts don’t require a deed or the payment of taxes, but do require a person to have lived on the property for 20 years before an unlawful possession claim can be applied, according to MaineLegislature.gov and Mass.gov, respectively.
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According to Iowa’s unlawful possession laws (e.g., Iowa Code § 560), you must have five continuous years of possession in order to acquire title.
In California, if you pay taxes on a property you don’t own and have lived in the property for five years, you may be able to claim unlawful possession, according to FindLaw.com.
Each state has its own conditions that must be met in order to claim unlawful possession. Some are very simple while others contain more provisions. (iStock)
Additionally, some states have squatter laws that allow squatters to live on the property for 10 years and not pay taxes, and do not require a deed or similar documentation. All homeowners should keep an eye on their property to protect themselves from lengthy legal battles with squatters, especially homeowners in states that only require 10 years (or less) of continuous occupation.
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Mississippi is one example of such a state, but in Mississippi, you must pay the tax for two years out of every 10 years, according to FindLaw.com.
Missouri, Nebraska, New York, Rhode Island, South Carolina, West Virginia and Wyoming are all states that only require 10 years of possession before an unlawful possession claim can be made, according to legal information websites FindLaw and Nolo.
Each state has its own specific rules regarding unlawful possession. For example, in Washington state, you must live in a property for 10 years to maintain legal ownership, but if you hold the deed or pay the taxes, it’s only 7 years, according to WA.gov.
Marking boundaries with fences and “no trespassing” signs can help protect your land from claims of illegal occupation. (Michael Blackshear/The Washington Post via Getty Images)
Each state has its own specific regulations, so it’s important to research your state’s codes or consult with a legal professional to ensure your safety as a homeowner.
Other ways you can protect yourself as a landowner include clearly marking your boundaries. This can be done with fences or large plants and trees. “No Trespassing” signs can also help, if necessary.
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Keep an eye on your property at all times. If you’re going to be away for an extended period of time, ask a neighbor or family member to check on you. If you rent property, make sure you take measures to monitor it frequently.
