Squatters
A squatter is an individual who occupies a property for which they have no right, legal claim, or lease agreement. In the United States, squatting is illegal, and someone engaging in this act can be evicted for trespassing.
One of the most common examples of a squatter is someone who breaks into a vacant property and begins to live there without authorization. However, a squatter also includes a tenant or renter that stops paying rent or whose lease has ended but refuses to vacate the property.
It’s important to note that if a property is not occupied or inspected for a long period of time, a squatter may obtain adverse possession of the real estate through involuntary transfer. Therefore, it’s important to be informed on squatter rights and the steps that are necessary to remove a squatter from your property.
Read more: How to evict a tenant in 7 steps
Adverse Possession vs. Squatting
The term adverse possession is the preferred term for the legal process of taking over ownership of a property, while a squatter typically is someone who is intentionally occupying an abandoned home or building.
Both squatting and adverse possession are considered illegal.
However, under adverse possession, a non-owner may be granted owner's rights after meeting specific requirements. State laws vary on adverse possession, and some states apply these laws to intellectual and digital property in addition to real estate.
For example, in Illinois (735 ILCS § 13-101), the occupier must:
- Occupy the property for 20 uninterrupted years
- Occupy the property for 7 uninterrupted years, pay property taxes, and color of title
Adverse possession is also sometimes referred to as homesteading. The term homesteading would apply when someone is occupying and using government-owned land without a lease.
What are Squatter’s Rights?
Squatter rights refer to the legal allowance to use and occupy the property of another if the rightful owner does not attempt to force eviction.
In certain states, these rights may convert to an official title if the squatter has occupied the land for a continuous period of time and meets other conditions.
Specific regulations on squatter’s rights differ from state to state, and they exist primarily to discourage the disuse of property. For a squatter to obtain a legal title to the property, the following requirements must usually be met:
- The squatter has been occupying the land in an open and visible manner (§424 A.2d 1144).
- The land has been occupied exclusively by the squatter and not the public or the property owner.
- The occupation has been against the interests of the rightful owner of the property, even if they were not aware of the occupation.
- Possession of the land has continued for the necessary period of time, as defined by the state’s legislature (typically between 2 and 30 years).
How To Remove a Squatter?
If you don’t want to risk losing the rights to your property, it’s important to act quickly and remove any squatters that are occupying it.
Adverse possession statutes can differ substantially from state to state.
For example, in Florida, property owners can file an unlawful detainer action (§82.01–82.045), while in California, a 3-day written notice to vacate must be served (§1161).
This means that it is necessary to consult the laws of the state in which the property is located when dealing with squatters.
However, the usual steps when removing a squatter from your property are as follows:
- Call the local police department so that they can identify whether the individual is a trespasser or a squatter, if they are a trespasser, the police will remove them immediately.
- If they are a squatter, you will need to serve the squatter with an eviction notice according to state and local requirements.
- If the squatter refuses to leave, you will have to file a civil lawsuit over illegal property use.
If you must file a civil suit and win and the squatter still does not vacate the property, you may have to contact the police to have the squatter legally removed and pay any associated fees.
Helpful Resources:
A squatter is an individual who occupies a property for which they have no right, legal claim, or lease agreement. In the United States, squatting is illegal, and someone engaging in this act can be evicted for trespassing.
One of the most common examples of a squatter is someone who breaks into a vacant property and begins to live there without authorization. However, a squatter also includes a tenant or renter that stops paying rent or whose lease has ended but refuses to vacate the property.
It’s important to note that if a property is not occupied or inspected for a long period of time, a squatter may obtain adverse possession of the real estate through involuntary transfer. Therefore, it’s important to be informed on squatter rights and the steps that are necessary to remove a squatter from your property.
Read more: How to evict a tenant in 7 steps
Adverse Possession vs. Squatting
The term adverse possession is the preferred term for the legal process of taking over ownership of a property, while a squatter typically is someone who is intentionally occupying an abandoned home or building.
Both squatting and adverse possession are considered illegal.
However, under adverse possession, a non-owner may be granted owner's rights after meeting specific requirements. State laws vary on adverse possession, and some states apply these laws to intellectual and digital property in addition to real estate.
For example, in Illinois (735 ILCS § 13-101), the occupier must:
- Occupy the property for 20 uninterrupted years
- Occupy the property for 7 uninterrupted years, pay property taxes, and color of title
Adverse possession is also sometimes referred to as homesteading. The term homesteading would apply when someone is occupying and using government-owned land without a lease.
What are Squatter’s Rights?
Squatter rights refer to the legal allowance to use and occupy the property of another if the rightful owner does not attempt to force eviction.
In certain states, these rights may convert to an official title if the squatter has occupied the land for a continuous period of time and meets other conditions.
Specific regulations on squatter’s rights differ from state to state, and they exist primarily to discourage the disuse of property. For a squatter to obtain a legal title to the property, the following requirements must usually be met:
- The squatter has been occupying the land in an open and visible manner (§424 A.2d 1144).
- The land has been occupied exclusively by the squatter and not the public or the property owner.
- The occupation has been against the interests of the rightful owner of the property, even if they were not aware of the occupation.
- Possession of the land has continued for the necessary period of time, as defined by the state’s legislature (typically between 2 and 30 years).
How To Remove a Squatter?
If you don’t want to risk losing the rights to your property, it’s important to act quickly and remove any squatters that are occupying it.
Adverse possession statutes can differ substantially from state to state.
For example, in Florida, property owners can file an unlawful detainer action (§82.01–82.045), while in California, a 3-day written notice to vacate must be served (§1161).
This means that it is necessary to consult the laws of the state in which the property is located when dealing with squatters.
However, the usual steps when removing a squatter from your property are as follows:
- Call the local police department so that they can identify whether the individual is a trespasser or a squatter, if they are a trespasser, the police will remove them immediately.
- If they are a squatter, you will need to serve the squatter with an eviction notice according to state and local requirements.
- If the squatter refuses to leave, you will have to file a civil lawsuit over illegal property use.
If you must file a civil suit and win and the squatter still does not vacate the property, you may have to contact the police to have the squatter legally removed and pay any associated fees.
Helpful Resources: