Imagine having someone live on your land without your knowledge or permission and refuse to leave, or even worse, claim ownership of it. This situation sounds like the ultimate landowner’s nightmare but is actually a very common reality. It is also legal in some cases, as you will see in this review of Squatter’s Rights: by State.
What Is a Squatter?
A squatter, also called an unauthorized tenant or adverse possessor, is a person who inhabits a premises without the permission or knowledge of the premises owner. Simply put, it is anyone who takes up residence on land they don’t pay rent for or own. Despite the lack of a legal right to be on the premises, it is not easy to remove an adverse possessor.
Like a tenant, squatters have the right to be evicted through the legal process, which must be done within a statutory period. If a landlord fails to evict a squatter past this time limit, the squatter can claim adverse possession, which could grant them ownership of the premises if successful.
What Are Squatters’ Rights?
Squatters’ rights are also referred to as adverse possession laws. They are legal provisions that allow an unauthorized tenant to maintain their residency on a property legally if the premises owner fails to evict them within the statutory period.
Why Do Squatters Have Rights?
Squatters, like tenants, have rights so as to maintain a peaceful society and eliminate any grounds for vigilante justice. It prevents landowners from taking matters into their own hands and using violence to remove them from a premises. If this was legal to do, situations could easily get out of hand and become dangerous.
Commonly Used Terms
Adverse Possession: This is a claim pursued by a squatter to obtain ownership of a premises by establishing that they have resided on the premises for a statutory period.
Unknown Persons: When a landowner discovers an unwanted person on their land, they can make them a tenant at will who must be given a 30-day notice to quit.
Holdover Tenants: This is a tenant who remains on a premises after their lease has ended. A landlord can issue a holdover tenant a notice to quit then institute legal action against them if they don’t.
Squatters’ Rights in the United States
The following list outlines squatters’ rights in the United States by state. The sections in each line represent the STATE NAME, followed by the ADVERSE POSSESSION requirements, and the type of notice required for HOLDOVER TENANTS, and UNKNOWN PERSONS.
- ALABAMA| Reside on and pay taxes for 10 years (§ 6-5-200) or a 20-year general possession (Bradley v. Demos, 599 So. 2d 1148 (Ala. 1992)) | 7-day notice to quit (§ 35-9A-421(b)) | 30-Day Notice (§ 35-9A-441(b))
- ALASKA | Color of title and continuous possession for 7 years (AS 09.45.052 or tax payment for 10 years (AS 09.10.030) | 7-Day Notice(AS 34.03.220(b)) | 30-Day Notice (AS 34.03.290).
- ARIZONA | 3-years possession and tax payment (ARS § 12-523) or 10-year uninterrupted possession (ARS § 12-526). | 5-Day Pay or Quit Notice (ARS § 33-1368(2b) | 30-Day Notice (ARS § 33-1375).
- ARKANSAS | 7-year color of title and tax payment (AR § 18-11-106) | 3-Day Notice to Quit (A.C.A 18-60-304(3)) | 30-Day Notice (AR § 18-17-704).
- CALIFORNIA | Reside on and pay taxes for premises for 5 years (Cal. Civ. Proc. Code § 325) | 3-Day Notice to Quit (CA Civ Pro Code § 1161(2)) | 30-Day Notice (CA Code 1946.1).
- COLORADO | 18-year possession or 7-year color of title and tax payment (Colo. Rev. Stat. § § 38-41-101, 38-41-108.)| 10-Day Notice to Quit (C.R.S. 13-40-104(1)(d)) | Depends on occupation duration.
- CONNECTICUT | 15-year premises possession (Conn. Gen. Stat. Ann. § 52-575) | 3-Day Notice to Quit (§ 47a-23)| 3-Day Notice (§ 47a-23).
- DELAWARE | Reside on premises for 20 years (Del. Code Ann. tit. 10 § 7901) | 5-Day Notice to Quit (Title 25 § 5502)| 60-Day Notice (§ 5106).
- FLORIDA | 7-year premises occupation and color of title or tax payment (Fla. Stat. Ann. § 95.16) | 3-Day Notice to Quit (§ 83.56(3)) | 15-Day Notice (Fla. Stat. Ann. § 83.57).
- GEORGIA | 20-year exclusive possession (Ga. Code Ann. § 44-5-14) or 7 years with color of title (§ 44-4-7) | Immediate Notice to Quit (§ 44-7-50) | 60-Day Notice (§ 44-7-7).
- HAWAII | Live on premises for 20 years (Haw. Rev. Stat. § 657-31 to 31.5) | 5-Day Notice to Quit (§ 521-68) | 45 –Day Notice (§ 521-71).
- IDAHO | 20-year tax payment and possession (Idaho Code § 5-210) | 3-Day Notice to Quit (§ 6-303(2)) | 30-Day Notice (§ 55-208).
- ILLINOIS | 20-year possession and color of title (735 ILCS 5/13-101) or 7-year continuous tax payment (§ 13-109) | 5-Day Notice to Quit (735 ILCS 5/9-209) | 30-Day Notice (735 ILCS 5/9-207).
- INDIANA | Reside on premises and pay taxes for 10 years (§ 32-21-7-1, § 34-11-1-2) | 10-Day Notice to Quit (IC 32-31-1-6) | 30-Day Notice to Quit (IN Code § 32-31-1-1).
- IOWA | 10-year continuous possession (Iowa Code Ann. § 614.17A) | 3-Day Notice to Quit (Statute 562A.27) | 30-Day Notice (§ 562A.34).
- KANSAS | Reside on premises for 15 years (Kan. Stat. Ann. § 60-503) | 10-Day Notice to Quit (§ 58-2507) | 30-Day Notice (§ 58-2570).
- KENTUCKY | Reside on premises continuously for 15 years (Ky. Rev. Stat. § 413.010) or 7 years and hold color of title (§ 413.060) | 7-Day Notice to Quit (§ 383.660(2)) | 30-Day Notice (§ 383.695).
- LOUISIANA | 30-year continuous possession (CC 3486) or hold color of title for 10 years (LA Civ. Code 3475) | 5-Day Notice to Quit (CCP 4701) | 10-Day Notice (La. Civ. Code Ann. art. 2728).
- MAINE | Reside on premises for 20 years (Me. Rev. Stat. tit. 14, § 801) | 7-Day Notice to Quit (Title 14 § 6002) | 30-Day Notice (Title 14, § 6002).
- MARYLAND | 20-year possession (MD Cts & Jud Pro Code § 5-103) | Immediate Notice to Quit (§ 8-401) | 30-Day Notice (Statute 8-402(b)(1)(i)).
- MASSACHUSETTS | Reside on premises continually for 20 years (Mass. Gen. Laws Ann. ch. 260, § 21) | 14-Day Notice to Quit (Chapter 186, Section 11) | 30-Day Notice (Chapter 186, Section 12).
- MICHIGAN | 15-year exclusive and uninterrupted use and possession (§ 600.5801) | 7-Day Notice to Quit (§ 554.134(2)) | 30-Day Notice (§ 554.134).
- MINNESOTA | Reside on premises continually and pay taxes for 15 years (§ 541.02) | 14-Day Notice to Quit (§ 504B.135(b)) | 30-Day Notice (Statute 504B.135).
- MISSISSIPPI | Reside on premises uninterruptedly for 10 years (§ 15-1-13) | 3-Day Notice to Quit (§ 89-7-27) | 30-Day Notice (MS Code § 89-8-19).
- MISSOURI | Reside on premises for 10 years (§ 516.010) | Notice to Quit (§ 535.060) | 30-Day Notice (Section 441.060).
- MONTANA | Reside on premises continually and pay taxes for 5 years (Mont. Code Ann. § 70-19-411) | 3-Day Notice to Quit (§ 70-24-422) | 30-Day Notice to Quit (§ 70-24-441).
- NEBRASKA | 10-year uninterrupted possession (Neb. Rev. Stat. § 25-202) | 7-Day Notice to Quit (§ 76-1431(2)) | 30-Day Notice (§ 76-1437).
- NEVADA | Reside on premises for 15 years (NV Rev Stat § 40.090) or 5 years with color of title and tax payment (NRS 11.110, NRS 11.150) | 5-Day Notice to Quit (NRS 40.2512) | 30-Day Notice (NRS 40.251).
- NEW HAMPSHIRE | 20-year possession (N.H. Rev. Stat. Ann. § 508:2) | 7-Day Notice to Quit (§ 540:3) | 30-Day Notice (N.H. Rev. Stat. Ann. § 540:2).
- NEW JERSEY | Live on premises for 30 years (§ 2A:14-30) | Notice to Quit (§ 2A:18-61.2) | 30-Day Notice to Quit (§ 2A:18-56).
- NEW MEXICO | Hold color of title and live on premises for 10 years (NM Stat. Ann. § 37-1-22) | 3-Day Notice to Quit (§ 47-8-33) | 30-Day Notice (§ 47-8-37).
- NEW YORK | 10-year uninterrupted possession (Article 5 § 501, 511) | 14-Day Notice to Quit (§ 711(2)) | 30-Day Notice (N.Y. Real Prop. Law § 232-b).
- NORTH CAROLINA | 20-year continuous possession (§ 1-40) or hold color of title for 7 years (§ 1-38) | 10-Day Notice (§ 42-3) | 7-Day Notice (§ 42-14).
- NORTH DAKOTA | Live on premises uninterrupted for 20 years (§ 28-01-04) or hold color of title for 7 years (§ 47-06-03) | 3-Day Notice to Quit (§ 47-32) | 30-Day Notice (§ 47-16-15).
- OHIO | 21-year possession (Ohio Rev. Code Ann. § 2305.04) | 3-Day Notice to Quit (§ 1923.02 & § 1923.04) | 30-Day Notice (§ 5321.17).
- OKLAHOMA | 15-year continuous possession (12 OK Stat § 12-93) | 5-Day Notice to Quit (Title 41 §131) | 30-Day Notice (§ 41-111).
- OREGON | 10-year continuous possession (ORS § 105.620) | 6-Day Notice to Quit (ORS § 90.394) | 30-Day Notice (§ 90.427(3)).
- PENNSYLVANIA | Reside on premises continuously for 21 years (42 PA Cons Stat § 5530) | 10-Day Notice to Quit (§ 250.501(b)) | 15-Day Notice (68 P.S. §§ 250.501(b)).
- RHODE ISLAND | Reside on premises continuously for 10 years (RI Gen L § 34-7-1) | 5-Day Notice to Quit (G.L. 1956 § 34-18-35) | 30-Day Notice (§ 34-18-37(b)).
- SOUTH CAROLINA | Reside on premises uninterruptedly for 10 years (SC Code § 15-67-210) | 5-Day Notice to Quit (§ 27-40-710(B) | 30-Day Notice (§ 27-40-770(b)).
- SOUTH DAKOTA | 20-year possession (§ 15-3-1) or 10-year tax payment with color of title (§ 15-3-15) | 3-Day Notice to Quit (§ 27-40-710(B)) | 30-Day Notice (§ 27-40-770(b)).
- TENNESSEE | Reside on premises continuously with color of title for 7 years (§ 28-2-101) | 14-Day Notice to Quit (§ 66-28-505(a)(2)) | 30-Day Notice (§ 66-28-512).
- TEXAS | Reside on premises for 10 years (Sec. 16.026) or 5-year continuous possession with color of title and tax payment (Sec. 16.025, 16.030) | 3-Day Notice to Quit (§ 24.005) | 30-Day Notice (Sec. 91.001).
- UTAH | 7-year continuous possession and tax payment (§ 78B-2-208) | 3-Day Notice to Quit (§ 78B-6-802) | 15-Day Notice (§ 78B-6-802(1)(b)(i)).
- VERMONT | 15-year possession (Vt. Stat. Ann. tit. 12, § 501) | 14-Day Notice to Quit (§ 4467) | 60-Day Notice (§ 4467(c)(1)(A)).
- VIRGINIA | 15-year continuous possession (Va. Code Ann. § 8.01-236) | 5-Day Notice to Quit (§ 55.1-1245(F)) | 30-Day Notice (§ 55.1-1253(A)).
- WASHINGTON | Reside on premises for 10 years (RCW 4.16.020) or 7 years with color of title and tax payment (RCW 7.28.050) | 14-Day Notice to Quit (§ 59.12.030(3)) | 20-Day Notice (§ 59.18.200).
- WEST VIRGINIA | 10-year continuous possession (W. Va. Code § 55-2-1) | Immediate Notice to Quit (§ 55-3A-1) | 30-Day Notice (§ 37-6-5).
- WISCONSIN | Live on premises for 20 years or 10 years with color of title (Wis. Stat. Ann. § § 893.25 to 893.27) | 5-Day Notice Quit (§ 704.17(2)) | 28-Day Notice (§ 704.19(3)).
- WYOMING | Live on premises continuously for 10 years (§ 55-2-1) | 3-Day Notice to Quit (§1-21-1003) | No notice requirement.
Conclusion
Squatting sounds like an impossible and illegal situation, but it actually happens more than you think. If you own land or premises, you should familiarize yourself with these Squatter’s Rights: by State and all processes relating to squatters, so you can protect yourself.
