Squatter legislation, or adverse possession statutes, allow people to take title of a property after residing there for a set number of years. These laws are considered lenient when they allow squatters to gain ownership within shorter time periods, have fewer conditions (like paying property taxes or just occupying the land), or make it harder for landowners to evict them.
Here are the 13 U.S. states with the most lenient squatter laws.
California
Only five years of steady occupancy is what California requires, one of the briefest intervals in the US. Squatters must pay taxes on the property during that period, but it is so brief that it is easy for them to assert ownership over the land.
Cities like Los Angeles and San Francisco frequently experience squatting, especially on foreclosed or abandoned lands.
Montana
Montana likewise has a five-year condition, whereby squatters pay property taxes and freely hold the property. The lack of other stringent conditions makes it easier for squatters to succeed.
Rural areas with big, unattended properties are most vulnerable.
Florida
In Florida, the seven-year period for a squatter to claim ownership is a part of the state’s adverse possession law. The occupation must be actual, open and notorious, hostile (without permission from the legal owner), exclusive, and continuous for the full statutory period.
Utah
Utah law allows someone to claim ownership through adverse possession if certain strict conditions are met. Under Utah Code § 78B-2-210, a person possessing a written instrument that purports to convey title (or a court judgment) and occupying the property continuously for at least seven years may qualify.
Vacant homes in suburban and countryside locations are most affected.
Arkansas
In Arkansas, to claim ownership of land through adverse possession, a person must hold “color of title,” which is a title-like document, and pay the ad valorem property taxes for a specific period.
The required tax payment duration is seven years for unimproved and unenclosed land, or fifteen years for wild and unimproved land. This rule applies as long as the person is openly and continuously occupying the land and fulfilling the requirements.
Nevada
In Nevada, a person may acquire property by adverse possession after meeting several specific conditions. According to NRS 11.150, a claimant must occupy the property for a minimum of five years and pay the property taxes assessed during that period
Urbanization in big cities such as Las Vegas has contributed to the rise in cases of squatting in vacant or underdeveloped territories.
Tennessee
In Tennessee, a squatter can claim ownership through adverse possession after 7 continuous years of occupying a property with color of title (a document showing a claim of ownership), or after 20 continuous years without it.
To gain ownership, the occupation must meet several criteria, including being continuous, hostile (without the owner’s permission), and actual (exercising control over the property).
Arizona
Arizona law requires a squatter to meet the requirements for adverse possession for 10 continuous years, not three or five. To claim ownership, a squatter must occupy the property in a way that is hostile, open, notorious, and exclusive, and they must reside there for the entire 10-year period.
The state’s leniency has led to numerous legal battles, particularly in urban areas like Phoenix.
New Mexico
New Mexico requires squatters to possess a property for ten years and pay taxes. Although the duration is longer than in some states, the conditions are minimal, making it easy for the squatters to achieve. Rural and unattended lands are vulnerable.
New York
In New York, to acquire title through adverse possession, you must occupy someone else’s property for ten continuous years under certain conditions.
LegalClarity+2Onecle+2 The possession must be actual, open and notorious, exclusive, hostile, under claim of right, and continuous for the full statutory period.
Strong property prices and high-density urban markets make New York an attractive target for squatting.
Texas
In Texas, adverse possession laws allow someone to claim ownership of property after openly and continuously occupying it for a certain period, depending on the circumstances.
The time required varies: 3 years if the person has a defective title or deed (color of title), 5 years if they’ve cultivated the land, paid taxes, and have a registered deed, and 10 years if there’s no deed at all but the property is used continuously and exclusively.
In some rare cases, a 25-year period may apply. Regardless of the timeframe, the occupation must be actual, open, notorious, exclusive, and hostile (without the owner’s permission) for the claim to succeed.
Colorado
In Colorado, someone may claim ownership of real property through adverse possession if they occupy it openly, notoriously, exclusively, continuously, and hostilely (without permission) for 18 years.
However, there’s a shorter path: if the person has a color of title (a written instrument that appears to convey title in good faith) and pays all applicable property taxes, the period needed drops to 7 years.
Also, adverse possession claims cannot be made against state, county, city, or other governmental lands.
Hawaii
In Hawaii, an adverse possession claim generally requires a squatter to occupy property continuously for 20 years in order to initiate an action to establish title. The use must be open, notorious, exclusive, and hostile, meaning possession without the owner’s permission.
Squatting is most common in vacation homes that are abandoned or underutilized.
Key Takeaways
Short Timeframes: States such as California and Nevada have the shortest requirements, which are much simpler for squatters to obtain ownership.
Minimal Conditions: Squatters only need to have possessed the property openly and continuously in the majority of states, with minimal other requirements like paying taxes or being titled.
Legal Protections for Squatters: In some states, squatters qualify as tenants after a certain period, thus subjecting property owners to lengthy eviction processes.
Urban Areas Prone: High population densities and high housing values render the urban areas prone to squatting.
Legal Complexity: The variation of legislation from state to state makes it more difficult for property owners to protect their property.
Also on MSN: 15 things people outside the U.S. think every American owns
Disclaimer – This list is solely the author’s opinion based on research and publicly available information. It is not intended to be professional advice.
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