People sometimes occupy property without permission. Owners should not use self-help to remove them, and squatters rarely gain ownership, though adverse possession exists in every state.
Squatters vs. trespassers vs. tenants
A trespasser enters without permission. A squatter stays on property without legal right. A tenant has a lease or permission. Some people claim tenancy after paying rent to an unauthorized person. Legal status affects how removal works.
Adverse possession
- Possession must be actual, open and notorious, exclusive, hostile (without the owner's permission) and continuous for a statutory period.
- The period varies, often ranging from about 5 to 20 years.
- Some states require the possessor to pay property taxes.
- It is hard to win.
How owners should respond
- Document the situation with photos and dates.
- Call police if there is a crime such as trespass or burglary, but be aware they may treat longer-term occupants as a civil matter.
- Serve proper notice if required.
- File an eviction or ejectment action in court.
- Do not change locks or remove belongings without legal process.
Prevent problems
Inspect vacant property regularly, post signs, secure doors and consider written permission agreements. See our guide on trespassing laws.
Frequently asked questions
Can I get a house by living there long enough?
Rarely, and only if all legal elements are met.
Is a squatter protected from eviction?
They are usually entitled to a legal process in many places.