Vacant homes aren’t always empty in the legal sense. When someone moves in without your permission and stays long enough, they might claim certain legal protections under squatters’ rights. 

These laws can surprise property owners who assume an unauthorized occupant can be removed right away.

In this article, you’ll learn what squatters’ rights mean for your vacant properties and how to protect your ownership before someone else tries to claim it.

What is a Squatter?

A squatter is someone who moves into a property without the owner’s permission and acts as if they belong there. You might encounter squatters if your home appears abandoned, remains empty for extended periods, or lacks regular maintenance or visits.

Squatters may enter through unlocked doors, change the locks, or create fake rental agreements. A holdover tenant who stays after a lease ends can also become a squatter in certain cases.

Ignoring unauthorized occupation allows the situation to worsen. Many potential squatters seek out private property that appears unmanaged or forgotten.

Once someone settles in and no one challenges them, that person may try to argue for legal protection. You could end up in a civil matter where the squatter believes they’ve earned rights to your space.

Squatting vs. Trespassing

Trespassing happens when someone enters your property without your permission. That act is illegal from the start and is usually handled by law enforcement. 

Squatting begins with unauthorized entry, but the situation changes if the person settles in. At that point, you’re dealing with unauthorized occupancy, which often requires court action to resolve.

Some squatters bring in furniture, turn on utilities, or tell neighbors they live there. These actions can create doubt about who owns the property. When you wait too long to respond, a squatter may try to build a claim under squatting laws.

Why are Vacant Properties Vulnerable to Squatters?

Leaving your property empty for too long invites problems. Squatters often look for easy targets, and homes without activity fall into that category fast. You can lower the risk by understanding what makes a place attractive to unwanted occupants.

Common reasons squatters pick empty properties include:

• No active occupants, which signals no one is watching
• Easy entry points like unlocked doors or broken windows
• No visible deterrents, such as signs or security cameras
• Quiet surroundings where unusual activity goes unnoticed
• A property owner who doesn’t check the place regularly
• Lack of attention from law enforcement in some areas
• High housing costs that push some to look for shelter anywhere
• No property management company overseeing the home

When these factors stack up, a potential squatter may move in.

Why Do Squatters Have Rights?

Many laws protect squatters, but that doesn’t mean you have no options. Squatters’ rights exist because the legal system prefers peaceful conflict resolution. These rules discourage owners from forcing people out without a proper process. 

Under certain squatters’ rights laws, a person living on your property might eventually gain legal status. That’s possible if you don’t respond, and the squatter meets all requirements over time. Some areas recognize adverse possession, which can result in a transfer of ownership if you wait too long.

These rights were originally meant to help people survive in cities with limited housing. Today, they still carry legal implications.

What are the Squatters’ Rights?

Squatters’ rights give a person living on your property without permission a chance to stay if certain conditions are met. You can’t remove them by force, and trying to do so might create legal trouble. To stay in control, you need to understand how these rights work and what limits the law places on both sides.

The legal implications of squatting vary by state. In some cases, the person in your home can claim a path to legal ownership. That may sound unfair, but courts aim to protect peace and prevent private disputes from turning dangerous. The law respects your position as the true owner, but it also respects the squatter’s legal rights once certain steps are followed.

To avoid losing your status as the rightful owner, handle squatting cases through the legal system. If ignored long enough, the squatter might gain a legal title through adverse possession.

What is an Adverse Possession Claim?

Adverse possession gives a squatter the chance to gain legal title to a property without paying for it, but only under strict conditions. A squatter can claim adverse possession by meeting certain legal requirements, such as:

Hostile Possession

A squatter should stay on your property without any form of approval. That situation meets the legal test for hostile possession. Courts don’t need to see anger or threats. The law only cares that the person remained on the land without the owner’s permission and acted like the property was theirs.

Letting someone stay to help out or look after a space blocks a claim. But long-term unauthorized occupancy creates legal trouble. 

Once the squatter takes over without being stopped, the law may treat them as an adverse possessor, which can happen even if you didn’t know someone was living there.

Actual Possession

Living on a property without using it doesn’t prove ownership. Courts expect a squatter to show actual possession, which means full use of the space. Moving furniture, cleaning the yard, or making small repairs all show that the person treated the land like their own.

The squatter should physically occupy the property and live there like a true owner. Signs of regular use matter. If you see lights on, personal belongings, or someone coming and going daily, the squatter might already meet this requirement.

Exclusive Possession

The squatter claiming ownership should stay on the land alone and treat it as if others have no right to enter. Shared spaces weaken exclusive possession claims.

If neighbors, the actual owner, or other people also used the property, that breaks exclusive use. Any sign that the squatter didn’t control the space alone may cause the court to deny the claim.

Open and Notorious Possession

To meet the standard for open and notorious possession, the squatter must show visible, obvious control of the land. Neighbors should be able to see signs that someone lives there.

Mowing the lawn, putting up a mailbox, or changing locks all support a notorious claim. These actions tell the public that the person believes they own the property. Quiet use or staying out of sight doesn’t count.

Continuous Possession

A squatter should have lived on your property continuously to gain legal rights. That’s called continuous possession, and each state sets its own time requirement. Some states say five years, others may require ten or more.

Taking a short break or leaving for long periods resets the clock. Some states, however, allow time to carry over if one person leaves and another takes over. That’s called tacking, and it can make claims harder to fight.

In a few states, a squatter also needs to prove that they were paying taxes during their continuous occupation. That creates a record that supports their claim. If the person meets the time limit and shows full control, the court may award legal title.

Squatters’ Rights Laws by Region

Laws about squatting change depending on where you live. Some states give more protection to owners, while others support longer occupancy rights. A person staying on your land may gain ground through local squatters’ rights laws if you don’t act fast.

In many areas, a district court handles these cases. Judges look at how long someone stayed, how the land was used, and what steps the owner took. If the court finds that the squatter met all conditions, the law may shift ownership.

Anyone involved in real estate should know how these rules work.

New York

If you’re dealing with a squatter in New York, the law now gives you more control. Under updated squatters’ rights laws, squatters no longer qualify as tenants. That change lets you file an unlawful detainer action instead of going through a full tenant eviction process.

When the squatter stays, the court schedules a hearing to review any claims. The person should show a color of title or valid legal grounds. 

New York requires continuous, open, exclusive, and notorious possession for 10 years, or 30 years for abandoned properties, along with proof of property tax payments, to support an adverse possession claim.

Without proof, the district court will likely side with the actual owner. A squatter who fails to meet all standards can’t use a quiet title claim or build a successful adverse possession claim.

Georgia

Georgia now gives you more support when facing a squatter. The state requires proof of legal access, and if the squatter can’t provide it, removal moves faster. 

Georgia law still allows an adverse possession case, but only when the person stays on the land for 20 years without the owner’s permission, or seven years with color of title and tax payments.

To succeed, the squatter should meet every legal step and support it with evidence. Ownership rights remain with you unless the squatter reaches that legal threshold. If the court approves the claim, the person may gain legal ownership of your land.

Alabama

Alabama law doesn’t treat squatters as tenants. If someone enters your property without a lease, you hold the legal advantage.

A person seeking legal ownership needs to file an adverse possession case and meet every state requirement. That includes 20 years of open use, clear control, and behavior matching that of the actual owner.

How to Evict Squatters

Evicting squatters involves several legal steps. Following the correct process helps you avoid delays and reduce legal risks:

1. Confirm that you are the lawful owner and that the person on the property has no valid lease or agreement. A professional property management company can help verify documents and determine if the occupant qualifies as a squatter.
2. Deliver a formal eviction notice. The written notice should include a deadline and clear instructions for the squatter to leave.
3. File an unlawful detainer lawsuit if the squatter remains. You’ll need to begin official legal proceedings through the local court. Never take matters into your own hands.
4. Attend the court hearing. If the judge agrees, a court order will require the squatter to leave. The process applies to all types of rental property and other real estate holdings.
5. After removal, take steps to prevent squatters from returning. Schedule regular property inspections, install security cameras, and lock all entry points.
6. If the squatter claims tenant rights, ask for proof of paying rent or past rent payments. Some may even claim to be the legal owner, so check if they pay property taxes.
7. Stay alert by keeping up-to-date with local laws and timelines.

Protect Your Property from Unwanted Claims With Buildify

Squatters look for unmonitored, quiet properties. Buildify helps you close those gaps. For landlords, property managers, and resort owners, staying in control means fewer legal headaches.

With Buildify, you can send rent reminders, inspection alerts, and updates from one place. No outside SMS tools, email threads, or surprise fees. You’ll reach tenants fast, track responses, and keep a clear record of occupancy.

Everything stays connected in one dashboard. If someone tries to claim the unit was vacant or unused, you’ll have the timeline to prove otherwise. For just $899 per month, Buildify helps you stay active, organized, and protected.

Clear communication and smart monitoring stop problems before they start. For complete property control, contact Buildify!

FAQs About Squatters’ Rights

Can you evict squatters?

Yes, you can evict squatters through proper legal steps. You’ll need to serve notice, file a case, and follow the court system to remove them lawfully.

Is squatting legal?

Squatting isn’t legal, but in some cases, long-term occupancy without permission may lead to a claim under adverse possession if the person meets state laws.

How do squatters gain legal ownership?

A squatter may gain legal ownership by meeting all conditions for adverse possession, including continuous use, open presence, and staying beyond a specified date set by local laws.

How long does the eviction process take?

The eviction process varies by state and case complexity. It can take a few weeks or several months, depending on how fast courts move and how the squatter responds.

What are the legal implications of squatting?

Squatting can trigger serious legal action and may lead to civil or criminal consequences. Property owners face financial risks and delays if the issue isn’t addressed early.

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