For most homeowners, the idea that someone could move into your property without permission and eventually own it seems absurd. Yet, in several U.S. states, that’s not only possible. It’s legal. This process, known as adverse possession, allows a squatter to gain legal ownership of a property if they meet certain criteria over a specified period of time.
Adverse possession laws were originally intended to resolve boundary disputes and encourage landowners to maintain their property. But in recent decades, they’ve opened up controversial legal territory, especially as housing shortages and homelessness increase. In some cases, squatters have claimed abandoned or neglected homes and walked away with a title after a few years.
Understanding where and how these laws are enforced is crucial if you’re a property owner, investor, or even someone who inherited land they don’t regularly visit. Here are eight U.S. states where squatters may legally be able to take over a property, and what that really means for homeowners.
1. California
California has long been one of the most squatter-friendly states due to its generous adverse possession laws. If someone occupies a property openly, continuously, and exclusively for five years, they can make a legal claim to it—provided they also pay property taxes during that time.
The tax payment requirement acts as a barrier, but not an insurmountable one. In practice, this law has been used both by individuals trying to take over neglected homes and by corporations exploiting legal gray areas to flip distressed properties.
2. Florida
In Florida, squatters can claim a property after seven years of continuous, visible occupation. Like California, they must also show that they’ve been treating the property as their own. This might include making repairs, changing locks, or even renovating.
Florida’s climate and high number of vacant seasonal properties make it especially vulnerable. Homes left empty for months can quickly attract uninvited occupants, and if the owners don’t take legal action quickly, squatters can start building a legal case for ownership.
3. Texas
Texas requires 10 years of continuous use before a squatter can make a legal claim. However, under certain circumstances, such as when someone has a deed that they genuinely believe is valid, the period can drop to just three or five years, depending on the situation.
This state’s large rural areas and ranch land make it easier for squatters to remain unnoticed for extended periods. Additionally, Texas law emphasizes the idea of “hostile possession,” which doesn’t mean violence. It simply means without the owner’s permission.
4. New York
New York’s adverse possession laws have evolved in recent years, especially after a landmark 2008 ruling that clarified what counts as an “open and notorious” occupation. Squatters in New York must occupy a property for 10 years without the owner’s consent.
Interestingly, New York City has seen a rise in squatting cases, especially in abandoned buildings and multi-family dwellings. Some of these disputes have ended up in court, with squatters successfully defending their right to stay due to prolonged occupancy.
5. Washington
In Washington State, the legal window for adverse possession is also 10 years. However, there are added complexities when the squatter is in “good faith” possession, aka believing they have the right to the property due to a mistaken belief or deed.
Washington’s liberal housing policies and high number of rental properties make it a state to watch for potential legal conflicts between landlords, owners, and long-term squatters.
6. Illinois
Illinois allows squatters to file for ownership after seven years if they can prove they’ve been maintaining the property and paying taxes. Without tax payments, the required time jumps to 20 years.
The key detail in Illinois is the importance of acting fast. Property owners who delay responding to unauthorized occupants may find themselves facing a legal uphill battle, especially in Cook County and surrounding urban areas.
7. Colorado
Colorado follows the typical 18-year rule for adverse possession, but under specific conditions, such as when a squatter possesses the property with a color of title (a document that appears to give ownership), the time frame can shrink to 7 years.
A controversial 2008 case in Boulder, where a couple won ownership of a neighbor’s portion of land due to a long-standing fence line, ignited public outrage and led to legal reforms. However, adverse possession remains possible under the right conditions.
8. Oregon
In Oregon, squatters can claim legal rights to a property after 10 years of continuous use. As in other states, the occupation must be obvious to the public and without permission from the rightful owner.
Oregon’s combination of housing crises and rural, unmonitored land makes it fertile ground for squatter claims, particularly in more remote counties. Urban areas like Portland have also seen disputes as housing remains unaffordable for many.
What Can Property Owners Do?
The most important takeaway from these state laws is that inaction has consequences. If you leave a property unattended or fail to respond to trespassers, you could inadvertently help build their legal case.
Owners should conduct regular inspections, post “No Trespassing” signs, and ensure property taxes are current. In many states, the clock on adverse possession starts ticking the moment a squatter moves in and is not forcibly removed.
If you’re unsure of your rights or suspect someone has taken over your property, consult with a real estate attorney immediately. The earlier you take action, the better your chances of retaining control.
Have you or someone you know dealt with squatters before? Do you think these laws protect property or enable abuse?
Read More:
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Riley is an Arizona native with over nine years of writing experience. From personal finance to travel to digital marketing to pop culture, she’s written about everything under the sun. When she’s not writing, she’s spending her time outside, reading, or cuddling with her two corgis.
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