13 States Where Squatters Can Lawfully Claim Your Property

A stranger moves into your property, stays there for years without you even knowing, and then proceeds to become the legal owner. That sounds super surprising, right? Adverse possession laws, however, can actually make this possible. These laws permit anyone to assert legal property across the United States as long as they fulfill particular set conditions.

The squatter may, however, be required to occupy the land uninterruptedly in public view for a fixed number of years. Squatters’ rights may sound a little crazy to think about, but on the plus side, they have a history of encouraging land use and discouraging waste. Below is a view of 13 states, that may be the way to squatters’ ownership, the laws pertaining to squatters are slightly different in each state.

Texas

In Texas, squatters who have publicly occupied property for a decade can claim it, even without paying a single thing to the owners. The adverse possession law finds a balance between the absentee owners of the land and the living who are using the land. Texas Real Estate Center has found that adverse possession is more common in rural or abandoned properties.

California

California’s laws on adverse possession are some of the most convoluted in the United States. To lay claim on an abandoned property in California, the squatter must occupy the property for five years, and pay taxes. The state of California is most concerned with the tax-paying requirement, but this additional provision does not deter determined squatters.

Florida

After 7 years, one can own property in Florida if they meet certain conditions. Florida squatters law is more favorable to property owners in getting rid of squatters than most other states. Squatters are not common in populated areas but are a known occurrence in rural areas.

New York

In New York, the adverse possession can only be claimed after 10 years. The proof is that their occupation was open, exclusive, and continuous for years. Absentee landlords are more at risk because New York courts are more likely to scrutinize these claims to ensure property rights aren’t being violated.

Illinois

Illinois has one of the longest adverse possession rules in the United States: 20 years. If the squatter pays property taxes for seven years, however, the time is cut in half. The law is on the side of those who have been occupying the property for a long time, the statute bars the owner from making an entry or an action to regain possession if the land is occupied by someone other than the owner for 20 years without permission.

Colorado

In Colorado, if you live in a property for 18 years, you’re entitled to it. The period is reduced to seven years if you’ve been paying taxes. However, these are often boundary cases, and not usually for squatters on someone else’s land.

Nevada

In Nevada, you have to live on the property for five years and have color of title, which means you have the right to own the property even if it’s not very strong (piece of paper, word of mouth). The idea is to cut down on the number of claims that are not so real.

Arizona

In Arizona, squatters can stay on a property for 10 years. The requirement is reduced to three years if the applicant can show that he or she has paid taxes on the land. Hayesparsons says absentee property owners should visit their properties periodically to avoid being shocked by squatters.

Georgia

If you’re in Georgia trying to claim ownership of a property by adverse possession, you have to be there continuously for 20 years. The catch is that if you have written permission from the owner, that time drops to just 7 years. However, Georgia’s laws are heavily tilted in favor of property owners.

Oregon

In Oregon, to make a valid claim you must have used the property continuously for at least 10 years without interruption. You’ll also have to prove that your use of the property was exclusive (you were the only one using it as an owner would) and notorious (your use was so obvious that the rightful owner or others could have seen it). In other words, you have to act like you own the place and make sure everyone knows.

Montana

Montana squatters must prove they have occupied the land for at least five years and have paid property taxes to be legal in Montana. Montana’s rural landscape makes it easier for adverse possession claims to go unnoticed.

Tennessee

Some cases are as long as twenty years in Tennessee, but the filing period for an adverse possession claim is seven years. Unused land is more susceptible to squatting, and property owners should be aware of that.

Utah

The adverse possession standard occupation period in Utah is seven years, provided taxes are paid. Without the tax component, it would take 20 years. Most of the squatters in Utah were seen living in abandoned properties and agricultural lands.

Disclaimer: This list is solely the author’s opinion based on research and publicly available information.

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