If you own land or property, it might surprise you to learn that, under the right circumstances, squatters can actually gain legal ownership. This practice, known as adverse possession, allows someone who has occupied your land for a specific period of time to claim it as their own. It’s a situation no property owner wants to face, but it’s a reality in many states across the U.S.
Whether you’re a homesteader with acres of land or simply someone who wants to safeguard your property, it’s important to know where you’re at risk and how to protect yourself. Every state has some kind of adverse possession laws, but the time and legal requirements vary from just 5 years and property taxes paid to 30 years and other requirements.
It’s crucial you know the law around this in your state. If, for example, you have a bug out location but you don’t check on it regularly, someone can legally steal it from you in as little as five years in some states.
What Is Adverse Possession?
Adverse possession is a legal doctrine that allows a person to claim ownership of land if they’ve occupied it without permission for a set number of years. While it may seem like a relic from centuries past, it still exists in the modern legal system.
For squatters to gain possession, they must meet certain requirements, including continuous use, open occupation (meaning they’re not hiding it), and sometimes even paying taxes on the property. In some states, adverse possession also requires the squatter to make visible improvements to the land, such as maintaining or building on it. The laws vary state by state, but knowing the basics can help you avoid a nightmare scenario.
Imagine sinking money into a piece of land or property and losing it to some random stranger and the law is on their side, not yours!
1. California
California may seem like an unlikely place for squatters to thrive, but the state’s laws make it surprisingly easy for them to claim property. Squatters can take over after just five years of continuous occupation, provided they’ve paid property taxes during that time. It’s a short timeframe compared to other states, and the requirement to pay taxes shows just how easily someone can appear legitimate. Property owners in urban areas where homes and buildings remain vacant for long periods are particularly vulnerable.
2. Montana
Montana’s adverse possession law gives squatters a 5-year window to claim property if they’ve been openly using it and paying taxes during that time. With the state’s vast stretches of rural land, it’s easy for someone to settle on a property unnoticed for years, making it crucial to stay vigilant. The law applies even in remote wilderness areas, which can be attractive for long-term squatters who value isolation.
3. Nevada
Nevada’s adverse possession law requires five years of continuous use and payment of property taxes. The state’s mix of urban and rural properties makes it a prime target for squatters looking to claim abandoned or unused land, so keeping track of any properties, especially in remote areas, is key. With Nevada’s increasing urban sprawl, even suburban properties can be at risk if left vacant for too long.
4. Florida
Florida allows squatters to claim property after seven years of continuous occupation. What’s important to know is that Florida’s weather and large number of seasonal homes make it prime territory for squatters. If you leave a second home or vacation property unattended, someone could potentially occupy it and meet the state’s requirements to take over. Squatters in Florida can use loopholes in property records, making it harder for absentee owners to assert their rights.
5. Arkansas
Squatters in Arkansas can take your property after seven years of continuous use. If they’ve been paying taxes on the land, their case becomes even stronger. With many remote and agricultural areas, property owners need to keep a close watch on unused land. This state has seen cases where farmland and forested areas have been claimed by squatters after years of neglect.
6. Utah
Utah’s adverse possession period is seven years if the squatter has been paying taxes, otherwise it’s 15 years. The state’s mix of suburban and rural properties means that any unused land could be at risk. Squatters can also claim land if they can prove they’ve been maintaining it, including making improvements or using the land productively, like farming or grazing.
7. Texas
In Texas, squatters can claim your property if they’ve lived on it for as little as ten years. Even more concerning is that Texas doesn’t always require the squatter to have paid taxes during that time, though it can strengthen their claim. If you own rural land in Texas, you should be especially vigilant—unused stretches of property could be targeted by someone looking to take advantage of these laws. Many rural and unmonitored properties across the state have been quietly occupied without the owner’s knowledge.
8. New York
In New York, squatters can claim adverse possession after ten years. The state’s real estate market is highly competitive, which means that any piece of unused or abandoned property could be a target. Urban properties are especially at risk, where squatters can move in unnoticed for extended periods of time. In some cases, properties in gentrifying neighborhoods have been occupied long enough for squatters to gain legal ownership before being noticed by authorities.
9. Oregon
Oregon’s adverse possession law requires squatters to occupy property for ten years, but one of the conditions is that they must have had “honest belief” that they were entitled to the land. Despite this, the law still leaves property owners vulnerable if their land is left unattended for too long, especially in more rural areas. Oregon’s law can be complex, with “color of title” claims often giving squatters an advantage in disputes over vacant land.
10. Arizona
In Arizona, squatters must occupy land continuously for ten years to make a claim. However, like in other states, if they pay property taxes, that time can be reduced. The state’s vast desert lands, often unmonitored, are attractive to squatters, and property owners need to be especially mindful. Abandoned homes and properties near the Mexico border have been frequent targets for squatter claims.
11. Washington
Squatters in Washington can claim property after 10 years of occupation. Washington’s combination of rural and densely populated areas makes it a target for those looking to take over land that appears abandoned. Recent legal cases show that even properties in densely populated Seattle have been successfully claimed by squatters after prolonged periods of vacancy.
12. Alabama
Alabama requires 10 years of continuous occupation for a squatter to claim ownership. While a decade may sound like a long time, in remote or rural areas it’s easy for someone to go unnoticed, especially if they’re diligent about keeping up appearances. Alabama’s large agricultural lands and hunting properties are particularly vulnerable to long-term squatting claims.
13. Missouri
Missouri allows squatters to claim land after 10 years. However, the requirement to pay taxes on the land makes it more difficult for squatters to gain ownership here, though not impossible. Missouri’s sprawling rural landscapes, especially in the Ozarks, make it easy for squatters to establish long-term occupation without being noticed.
14. West Virginia
In West Virginia, squatters must occupy the property continuously for 10 years before they can make a claim. They don’t have to pay property taxes, but doing so can strengthen their claim. West Virginia’s mountainous terrain and secluded areas make it easier for squatters to remain on land without the owner’s knowledge, especially if the property is in a hard-to-access location.
15. Rhode Island
Rhode Island also allows squatters to claim property after 10 years of continuous occupation. Unlike some states, there’s no requirement to pay property taxes, though doing so certainly helps the squatter’s case. Rhode Island’s adverse possession law is particularly concerning for owners of coastal properties, where absentee owners might not notice that someone has been using their land for years.
16. Wyoming
Wyoming is often overlooked, but its adverse possession law gives squatters the opportunity to claim land after 10 years of continuous occupancy. In addition to staying on the land, the squatter needs to pay property taxes during that time. With Wyoming’s vast open spaces and sparsely populated areas, landowners must remain vigilant to prevent squatters from making a claim unnoticed, especially in rural or remote parts of the state.
17. Nebraska
Nebraska requires a squatter to occupy the property continuously for 10 years to make an adverse possession claim. Squatters don’t have to pay property taxes, but doing so could help their case. This state’s wide-open spaces make rural properties a common target for squatters who might go unnoticed for extended periods, particularly in agricultural areas where owners don’t regularly check on their land.
18. Alaska
Alaska requires a squatter to occupy a property for 10 years to claim ownership under adverse possession laws. They do not need to pay property taxes, though doing so can help solidify their claim. Due to Alaska’s remote and sparsely populated areas, squatters may go unnoticed for long periods, particularly on undeveloped land.
19. Indiana
In Indiana, squatters can claim adverse possession after 10 years of continuous occupation. A critical requirement is that they must pay all property taxes during this period, ensuring that they have a vested interest in maintaining the property. This aligns with Indiana’s emphasis on ensuring land productivity and tax compliance.
20. Iowa
Iowa’s adverse possession law allows squatters to claim property after 10 years of continuous and open occupation. There are no specific tax-related requirements, but paying taxes on the land could strengthen the squatter’s claim. Rural properties are especially vulnerable, where monitoring can be sporadic.
21. New Mexico
In New Mexico, squatters must occupy the property for 10 years and pay taxes during that time to claim adverse possession. This ensures that the squatter has maintained the land in good faith. The requirement to pay taxes encourages squatters to invest in the upkeep of the land.
22. Illinois
In Illinois, the time limit for squatters to claim your property is 20 years. However, if they’ve been paying property taxes, that time is cut in half to just ten years. Keeping up with property maintenance and monitoring who is using the land is essential in Illinois, as a decade can pass quickly without you noticing someone squatting. This issue is particularly common in agricultural regions where large tracts of land go unmonitored.
23. Colorado
In Colorado, squatters need 18 years of occupation to make a claim, unless they’ve been paying taxes, which reduces it to seven years. Colorado’s growing urban sprawl and remote wilderness areas both make it a state where property owners need to be cautious. Landowners in rural parts of the state should also watch out for squatters who use abandoned mining claims or isolated cabins as a way to meet the continuous occupancy requirement.
24. Connecticut
Connecticut’s adverse possession law gives squatters 15 years to claim a property if they continuously occupy it without the owner’s permission. However, a landowner can stop an adverse possession claim by issuing a written notice to the squatter within the 15-year window. This lengthy timeframe makes it critical for landowners to regularly monitor their property.
25. Kansas
Kansas requires squatters to occupy a property for 15 years to make a successful adverse possession claim. The law is strict on the necessity for continuous, open, and notorious occupation, meaning the squatter must make their presence obvious. This protects absentee landowners from unnoticed claims.
26. Kentucky
In Kentucky, the adverse possession period is 15 years, but this can be reduced to 7 years if the squatter holds the property under a legal document, even if it’s flawed. Kentucky’s use of color of title provisions makes it easier for squatters with some form of claim to take control of land faster.
27. Michigan
Michigan’s adverse possession law requires 15 years of continuous occupation before a squatter can make a claim. The state does not require the squatter to pay property taxes, but it would be beneficial for their case. Large tracts of undeveloped land in Michigan are particularly vulnerable.
28. Minnesota
In Minnesota, squatters must occupy a property for 15 years before they can claim ownership under adverse possession. However, like many states, if taxes are paid, it helps strengthen the squatter’s claim. Minnesota’s growing urban areas have seen an increase in disputes over adverse possession.
29. Oklahoma
In Oklahoma, squatters must occupy land for 15 years to claim ownership through adverse possession. They are not required to pay property taxes, but open and continuous occupation is essential. Oklahoma’s rural areas make absentee landowners particularly vulnerable.
30. Virginia
Virginia law allows squatters to claim property after 15 years of continuous and open occupation. There is no need to pay property taxes to strengthen the claim, but occupying the land openly and without opposition is key. The shorter timeframe in comparison to other states makes consistent property checks essential.
31. Vermont
In Vermont, adverse possession requires 15 years of continuous occupation, and paying property taxes is not required but can bolster the claim. Many older, unmonitored properties in rural Vermont, especially those used seasonally, are vulnerable to squatter claims if left unchecked.
32. Georgia
Georgia gives squatters 20 years to claim property, but there’s a catch—if the squatter has a deed or legal document (even if it’s flawed), they can claim it after just seven years. This makes it especially important to keep an eye on any abandoned or inherited land in the state. Squatters can also claim land that has been neglected or where the rightful owner failed to keep up with the property tax payments.
33. Tennessee
In Tennessee, squatters need to occupy land for seven years if they’ve been paying taxes; otherwise, it’s 20 years. The state’s abundant rural areas can make it difficult to keep track of properties that are rarely visited. In regions like the Appalachians, where small tracts of inherited land are common, adverse possession claims can easily fly under the radar.
34. South Carolina
South Carolina has a long adverse possession period—20 years of continuous occupation are required. However, the state’s mix of rural properties and coastal areas are attractive to squatters who may be willing to wait out the time to claim ownership. Many vacation homes along South Carolina’s popular beaches are vulnerable if left unattended for long periods.
35. Mississippi
Mississippi’s adverse possession law is unique because it also requires 10 years of occupation. In addition, squatters must show that they’ve maintained and improved the property, so keeping track of unused land is critical. Squatters must prove that they have treated the land as their own by making improvements like fencing or building, which can make it harder for the rightful owner to dispute their claim once time has passed.
36. Delaware
Delaware’s adverse possession law is one of the more stringent, requiring squatters to occupy a property continuously for 20 years before they can claim ownership. Unlike some states, Delaware doesn’t have a shortened period for adverse possession claims, even if taxes are paid. This longer duration helps protect landowners from squatters but requires consistent oversight.
37. Hawaii
In Hawaii, squatters can claim adverse possession after 20 years, but the property must be 5 acres or less. If a squatter has asserted a similar claim in the past 20 years, they are barred from making another claim. This limitation is crucial, particularly for owners of small, unmonitored rural properties.
38. Idaho
Idaho requires a squatter to occupy property for 20 years to make a claim under adverse possession. The claimant must also pay all state and local taxes on the property during this period, ensuring that they are treating the land as their own. The combination of tax payments and long-term occupancy makes Idaho’s law protective of property owners.
39. Maine
Maine’s adverse possession law allows squatters to claim land after 20 years of continuous and open occupation. The state does not require the squatter to pay property taxes, but doing so would strengthen their case. Maine’s vast unmonitored forests and rural areas can be attractive to squatters.
40. Maryland
In Maryland, squatters must occupy a property for 20 years to claim it under adverse possession. Unlike some states, Maryland does not require payment of property taxes, although it would help solidify the claim. The state’s high percentage of historic and inherited properties increases the chances of unnoticed squatting.
41. Massachusetts
Massachusetts requires a squatter to occupy land continuously for 20 years to claim it through adverse possession. There is no need to pay property taxes, but the occupation must be open, notorious, and exclusive. Absentee property owners, especially in rural areas, are at higher risk.
42. New Hampshire
New Hampshire requires 20 years of continuous occupation for a squatter to claim adverse possession. The state does not require the squatter to pay taxes during this time, but it may reinforce their case if they do. New Hampshire’s heavily wooded and rural landscapes increase the likelihood of unnoticed claims.
43. North Dakota
North Dakota requires squatters to occupy property for 20 years to claim it through adverse possession. This period can be shortened if the squatter holds color of title or pays property taxes. North Dakota’s vast stretches of rural land are highly susceptible to squatting.
44. South Dakota
South Dakota requires 20 years of continuous occupation for squatters to make a successful adverse possession claim. While paying property taxes is not mandatory, doing so strengthens the claim. Remote and underdeveloped areas in the state are more likely to see long-term squatters who go unnoticed.
45. Wisconsin
Wisconsin requires 20 years of continuous occupation for a squatter to claim adverse possession. While tax payments are not necessary, maintaining and improving the property—such as building or farming—can help strengthen a squatter’s case. Wisconsin’s rural and farming communities are often at risk due to the state’s vast open lands.
46. Ohio
Ohio law requires squatters to occupy property for 21 years before making an adverse possession claim. There are no specific tax requirements, though maintaining the land strengthens the squatter’s position. This lengthy period provides strong protections for property owners but requires consistent monitoring.
47. Pennsylvania
In Pennsylvania, adverse possession claims require 21 years of continuous occupation. As in many states, tax payments are not required but can help solidify a squatter’s claim. The length of this period makes Pennsylvania one of the states with a relatively strong protection for landowners, although rural properties can still be vulnerable to unnoticed occupation.
48. North Carolina
In North Carolina, squatters need 20 years to claim property, but this drops to just seven years if they’ve been paying taxes or have some claim of title. The state’s mix of mountain land, coastal properties, and rural stretches are all potential targets for squatters. This is especially true in vacation areas along the coast, where absentee owners may not regularly check on their properties.
49. New Jersey
New Jersey’s adverse possession period is 30 years for rural land, but only 20 years for improved land or city properties. Paying property taxes can help a squatter make a stronger case. The split between rural and urban periods reflects New Jersey’s high density in metropolitan areas.
50. Louisiana
Louisiana’s adverse possession law requires 30 years of occupation for a squatter to claim property. However, if they possess a “just title” and act in “good faith,” the period drops to 10 years, making Louisiana’s rules more lenient in certain situations. This differentiation emphasizes protecting those with good intentions who mistakenly occupy land.
