Free Guide to Understanding Squatter Removal Laws

What Squatting Actually Is (And Why It Matters)

Squatting happens when someone occupies a property without the owner's permission and without paying rent or having any legal claim to live there. This isn't someone who overstays their welcome after being invited—it's complete unauthorized occupation. Understanding the difference between squatting and other housing situations matters because the legal pathway to removal depends entirely on how the situation started and how long it's been going on.

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The person living in the property (the squatter) may claim they have rights to stay based on how long they've occupied the space. In many U.S. states, if someone lives on a property openly and continuously for a certain number of years—typically between 5 and 20 years, depending on the state—they may be able to claim "adverse possession," which is a legal doctrine that can transfer property ownership. This is why property owners cannot simply ignore squatters; the longer the occupation continues, the more complicated the removal becomes.

Different situations create different legal categories. A tenant whose lease has ended but who refuses to leave is not technically a squatter—they're an "unlawful detainer" and the removal process is different. Someone who moved into an abandoned-looking property they found open is a squatter. Someone living in a building with the owner's verbal permission but no written lease occupies a gray area that varies by state. These distinctions shape which laws apply and which courts handle the case.

Practical takeaway: Before pursuing any removal action, property owners need to establish exactly how the person came to occupy the property, how long they've been there, and whether any permission (verbal, written, or implied) was ever given. This foundation determines which legal process will actually work.

How State Laws Create Wildly Different Removal Processes

Squatter removal laws are not uniform across the United States. What works in California looks completely different from procedures in Texas or New York. Some states make removal relatively straightforward; others have created such strong protections for occupants that removal becomes a lengthy, expensive process. Understanding your state's specific approach is the first real step for any property owner dealing with this situation.

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Several states have adopted "squatter-friendly" laws that recognize adverse possession rights more readily. In states like California, Oregon, and some Northeast regions, adverse possession can occur with as little as 5 years of continuous, open occupation. The squatter must be paying property taxes during this period in some states, which actually works against the squatter in cases where they cannot or have not done so. Other states require 10, 15, or even 20 years of occupation before adverse possession rights can be claimed, making removal more feasible for property owners within that window.

The actual removal process varies significantly too. Some states require property owners to go through the eviction courts (used for tenants), which involve filing papers, serving the occupant with notice, waiting for court hearings, and obtaining a judgment before law enforcement can physically remove the person. Other states allow property owners to file for "ejectment," a separate legal action specifically designed for removing people who have no legal right to be on the property. Ejectment can sometimes move faster than eviction because there's no question about a tenancy relationship.

Notice periods also differ dramatically. Some states require 3 days' notice before filing in court. Others require 30, 60, or even 90 days of written notice. A few states require the property owner to attempt to serve notice in person; others allow notice by certified mail or posting on the property. Getting the notice requirement wrong can delay or derail an entire removal case, forcing owners to start over.

Practical takeaway: Before taking any action, research your specific state's laws on adverse possession timelines, whether ejectment or eviction applies, and what notice requirements exist. Many state bar associations publish summaries of these laws, and county courthouses can provide guidance on local procedures.

The Adverse Possession Doctrine and Time Thresholds

Adverse possession is a legal principle that can terrify property owners because it essentially allows a squatter to become the legal owner of the property under certain conditions. This doctrine exists because English common law (which American property law is based on) recognized that long-term, peaceful occupation of land should be recognized, even if the person never formally purchased it. The idea was that if someone improved the land and occupied it openly for decades, fairness suggested they had some claim to it.

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For adverse possession to succeed, the squatter's occupation must meet five specific criteria, though states vary slightly on how strictly they apply these rules: (1) The occupation must be actual—the person must genuinely live there and use the property, not just occasionally visit. (2) The occupation must be open and notorious—it cannot be hidden or secret; neighbors and community members should be able to see someone is living there. (3) The occupation must be exclusive—the squatter cannot be sharing occupancy with the true owner or other people claiming similar rights. (4) The occupation must be hostile or adverse—meaning without the owner's permission. (5) The occupation must be continuous for the statutory period—in most states this means uninterrupted for the required number of years without the owner taking action to remove the occupant.

The statutory period is the key number. In Colorado, Georgia, and some other states, it's just 3 years. In California, Oregon, and Washington, it's typically 5 years. In New York, New Jersey, and many Midwestern states, it's 10 years. In some Southern states like Mississippi and Louisiana, it can be 10 years or more. This period can sometimes be shortened if the squatter claims to have paid property taxes during their occupation, which shows financial investment in the property. Some states allow the "tacking" rule, where successive squatters' time periods can be combined—if one squatter occupies for 7 years and hands the property to another who occupies for 3 years, that's 10 years total in a 10-year state.

What stops adverse possession? The owner must take action. Serving notice to vacate, filing court documents to remove the squatter, or even posting "no trespassing" signs can interrupt the adverse possession clock in some states. In other states, posting signs alone is not enough—the owner must actually pursue removal in court. If the owner takes no action whatsoever, the clock keeps running. This is why property owners cannot simply ignore vacant properties or squatter situations.

Practical takeaway: Know your state's adverse possession timeline immediately. If your timeline window is still open (e.g., the squatter has only been there 3 years in a 10-year state), removal through court is still viable and you haven't lost the property. If you're approaching or past the threshold, consult a property attorney because the situation has moved into a different legal category entirely.

The Eviction vs. Ejectment Question

Many property owners assume that removing a squatter works exactly like removing a tenant—through eviction court. This is often wrong, and using the wrong legal process can cost months in delays and additional legal fees. Understanding when to use eviction versus ejectment is crucial because using the wrong one means starting completely over.

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Eviction (or "unlawful detainer" in legal terminology) is the process for removing a tenant—someone who had permission to live on the property at one point. Eviction is designed to handle situations where a lease has ended, rent isn't being paid, or lease terms are being violated. The court process involves filing in the justice court or district court, serving the tenant with a notice to vacate (typically 3-30 days depending on the state), allowing time for the tenant to respond, holding a hearing, and if the owner wins, getting a judgment. Only after the judgment does a sheriff or constable physically remove the person. Eviction processes are standardized and courts handle hundreds of them, so they often move relatively quickly—sometimes 3-6 weeks in streamlined cases, but can stretch to several months if the defendant contests the case.

Ejectment is a different civil action used when someone has no legal right to occupy the property and never had permission. It's designed specifically for trespassers and squatters. Ejectment cases are filed in district or circuit court (higher-level courts than eviction courts), and they're treated as property disputes rather than tenancy disputes. These cases may move more slowly because they're less standardized and judges spend more time on them, but they're the legally correct mechanism for removing someone who never had any right to be there. Some states allow ejectment to move faster than eviction; others take longer. It depends on the state and the specific court's c