Did you know under certain circumstances, a trespasser can come onto land, occupy it, and gain legal ownership of it through adverse possession? As crazy as it sounds, adverse possession, sometimes referred to as squatter’s rights, are just that. Adverse possession is a legal principle under which a person who does not have legal title to a property acquires legal ownership based on the continuous occupation of the property.
This article is the ultimate guide for adverse possession. Within it, we will discuss adverse possession, examples of adverse possession, and the five elements of adverse possession. Keep reading to find out what your state’s adverse possession law is.
What Is Adverse Possession?
Definition: Adverse possession is a legal principle under which a person who does not have legal title to a property acquires legal ownership based on the continuous occupation of the property.
If successful in proving adverse possession, the person or parties are usually not required to pay the owner for the land.
Who Are Squatters, and What Is Squatting?
The people or parties occupying property while having no title are called squatters. Squatting is the act of continuous occupation, while adverse possession is the principle in which squatters obtain ownership. Squatting tends to occur when people who are poor and homeless find empty buildings and occupy them; however, this is not always the case.
Generally speaking, there are different types of squatting; while most people think squatters are all homeless, that is definitely not the case. Some people may technically be squatting and not even realize it.
What is an Example of Adverse Possession?
The most well-known examples of adverse possession are someone homeless, finding an empty building, and living in it for years. Eventually, trying to earn ownership, however, rarely that actually happens. More common examples of adverse possession occur through little things like continuous use of a private road or driveway, or agricultural development of an unused parcel of land.
Often homeowners believe they have title to use a portion of property connected to theirs and might even pay taxes on it. However, maybe after a set of new neighbors move in, they realize they never actually owned. Through adverse possession, they can claim that portion of the property if they can meet the requirements.
What are the Five Elements of Adverse Possession?
In the US, there are five federal requirements that must be met before a legal claim for possession can be made. The five elements of adverse possession are as they follow:
Occupation of the property must be:
- Hostile: The person seeking adverse possession is doing so without permission of the owner. Obviously if the owner gave permission adverse possession would not be necessary.
- Actual: The person seeking adverse possession must have physical possession.
- Open & Notorious: The person seeking adverse possession must occupy the property in a manner that is open and obvious.
- Exclusive: The property must be occupied exclusively by the person seeking adverse possession.
- Continuous: All elements must be met at all times through the statutory period (this period is defined state by state).
If the squatter does not meet these five requirements, they cannot make an adverse possession claim. Additional requirements of adverse possession vary from state to state.
What States Allow Adverse Possession?
Adverse possession law varies from state to state, so it’s essential to read and understand your state’s laws. Some states do not explicitly define their stance on adverse possession, while others do, so keep that in mind when you read down below.
State laws are constantly changing, and while we strive to make sure all of our material is up to date as possible, please contact an attorney or conduct your own legal research to verify the state laws you are researching.
Here are all 50 states and their adverse possession laws:
Adverse Possession Alabama
Statutory Period for Possession in Alabama
In Alabama, squatters can make an adverse possession claim if they have occupied the land or building for twenty continuous years or if they’ve paid property taxes for the land for at least ten years.
Do Squatters Have to Pay Property Taxes in Alabama?
In Alabama, squatters are not required to show proof that they have paid their property taxes to gain ownership of the property. However, squatters have a much easier time gaining property ownership with proof of property taxes.
Alabama Adverse Possession Statute: Alabama Code 6-5-200
Adverse Possession Alaska
Statutory Period for Possession in Alaska
In Alaska, anyone openly possessing a parcel of property under color of title for at least seven years, or at least ten years under good faith (meaning they thought that the land was already part of their property), may claim that property.
Color of title refers to a claim to title that appears valid but may be legally defective.
Do Squatters Have to Pay Property Taxes in Alaska?
In Alaska, squatters are not required to show proof that they have paid their property taxes to gain ownership of the property. However, squatters have a much easier time gaining property ownership with proof of property taxes.
Alaska Adverse Possession Statute: Alaska Statute 09.10.030, 09.45.052
Adverse Possession Arizona
Statutory Period for Possession in Arizona
In Arizona, anyone openly possessing a parcel of property under color of title for at least three years, may claim that property.
Color of title refers to a claim to title that appears valid but may be legally defective.
Do Squatters Have to Pay Property Taxes in Arizona?
In Arizona, squatters are not required to show proof that they have paid their property taxes to gain ownership of the property. However, squatters have a much easier time gaining property ownership with proof of property taxes (five year minimum).
Arizona Adverse Possession Statute: Arizona Revised Statute 12-522
Adverse Possession Arkansas
Statutory Period for Possession in Arkansas
In Arkansas, squatters can make an adverse possession claim if they have occupied the land or building for seven continuous years.
Do Squatters Have to Pay Property Taxes in Arkansas?
In Arkansas, squatters are required to show proof that they have paid their property taxes to gain ownership of the property (seven year minimum).
Arkansas Adverse Possession Statute: Arkansas Code 18-11-106
Adverse Possession California
Statutory Period for Possession in California
In California, squatters can make an adverse possession claim if they have occupied the land or building for five continuous years.
Do Squatters Have to Pay Property Taxes in California?
In California, squatters are required to show proof that they have paid their property taxes to gain ownership of the property (five year minimum).
California Adverse Possession Statute: California Code of Civil Procedure 325 18-11-106
Adverse Possession Colorado
Statutory Period for Possession in Colorado
In Colorado, squatters can make an adverse possession claim if they have occupied the land or building for eighteen continuous years or if they’ve paid property taxes for the land for at least seven years with color of title.
Color of title refers to a claim to title that appears valid but may be legally defective.
Do Squatters Have to Pay Property Taxes in Colorado?
In Colorado, squatters are not required to show proof that they have paid their property taxes to gain ownership of the property. However, squatters have a much easier time gaining property ownership with proof of property taxes.
California Adverse Possession Statute: Colorado Revised Statute 38-41-101, 38-41-108
Adverse Possession Connecticut
Statutory Period for Possession in Connecticut
In Connecticut, squatters can make an adverse possession claim if they have occupied the land or building for fifteen continuous years.
Do Squatters Have to Pay Property Taxes in Connecticut?
In Connecticut, squatters are not required to show proof that they have paid their property taxes to gain ownership of the property.
Connecticut Adverse Possession Statute: Connecticut Statute 52-575
Adverse Possession Delaware
Statutory Period for Possession in Delaware
In Delaware, squatters can make an adverse possession claim if they have occupied the land or building for twenty continuous years.
Do Squatters Have to Pay Property Taxes in Delaware?
In Delaware, squatters are not required to show proof that they have paid their property taxes to gain ownership of the property.
Delaware Adverse Possession Statute: Delaware Code Title 10 – 7901
Adverse Possession Florida
Statutory Period for Possession in Florida
In Florida, squatters can make an adverse possession claim if they have occupied the land or building for seven continuous years.
Do Squatters Have to Pay Property Taxes in Florida?
In Florida, squatters are required to show proof that they have paid their property taxes to gain ownership of the property (seven year minimum).
Florida Adverse Possession Statute: Florida Statute 95.12
Adverse Possession Georgia
Statutory Period for Possession in Georgia
In Georgia, squatters can make an adverse possession claim if they have occupied the land or building for twenty continuous years.
Do Squatters Have to Pay Property Taxes in Georgia?
In Georgia, squatters are not required to show proof that they have paid their property taxes to gain ownership of the property.
Georgia Adverse Possession Statute: Georgia Code 44-5-161
Adverse Possession Hawaii
Statutory Period for Possession in Hawaii
In Hawaii, squatters can make an adverse possession claim if they have occupied the land or building for twenty continuous years.
Do Squatters Have to Pay Property Taxes in Hawaii?
In Hawaii, squatters are not required to show proof that they have paid their property taxes to gain ownership of the property.
Hawaii Adverse Possession Statute: Hawaii Revised Statute 657-31.5
Adverse Possession Idaho
Statutory Period for Possession in Idaho
In Idaho, squatters can make an adverse possession claim if they have occupied the land or building for twenty continuous years.
Do Squatters Have to Pay Property Taxes in Idaho?
In Idaho, squatters are required to show proof that they have paid their property taxes to gain ownership of the property.
Idaho Adverse Possession Statute: Idaho Code 5-210
Adverse Possession Illinois
Statutory Period for Possession in Illinois
In Illinois, squatters can make an adverse possession claim if they have occupied the land or building for twenty continuous years or if they’ve paid property taxes for the land for at least seven years.
Do Squatters Have to Pay Property Taxes in Illinois?
In Illinois, squatters are not required to show proof that they have paid their property taxes to gain ownership of the property. However, squatters have a much easier time gaining property ownership with proof of property taxes.
Illinois Adverse Possession Statute: Illinois Statute 13-101
Adverse Possession Indiana
Statutory Period for Possession in Indiana
In Indiana, squatters can make an adverse possession claim if they have occupied the land or building for ten continuous years.
Do Squatters Have to Pay Property Taxes in Indiana?
In Indiana, squatters are required to show proof that they have paid their property taxes to gain ownership of the property.
Indiana Adverse Possession Statute: Indiana Code 32-23-1-1
Adverse Possession Iowa
Statutory Period for Possession in Iowa
In Iowa, squatters can make an adverse possession claim if they have occupied the land or building for ten continuous years.
Do Squatters Have to Pay Property Taxes in Iowa?
In Iowa, squatters are not required to show proof that they have paid their property taxes to gain ownership of the property.
Iowa Adverse Possession Statute: Iowa Code 614.17A
Adverse Possession Kansas
Statutory Period for Possession in Kansas
In Kansas, squatters can make an adverse possession claim if they have occupied the land or building for fifteen continuous years.
Do Squatters Have to Pay Property Taxes in Kansas?
In Kansas, squatters are not required to show proof that they have paid their property taxes to gain ownership of the property.
Kansas Adverse Possession Statute: Kansas Statute 60-503
Adverse Possession Kentucky
Statutory Period for Possession in Kentucky
In Kentucky, squatters can make an adverse possession claim if they have occupied the land or building for fifteen continuous years or with proof of color of title seven years.
Color of title refers to a claim to title that appears valid but may be legally defective.
Do Squatters Have to Pay Property Taxes in Kentucky?
In Kentucky, squatters are not required to show proof that they have paid their property taxes to gain ownership of the property.
Kentucky Adverse Possession Statute: Kentucky Statute 413.010
Adverse Possession Louisiana
Statutory Period for Possession in Louisiana
In Louisiana, squatters can make an adverse possession claim if they have occupied the land or building for ten continuous years.
Do Squatters Have to Pay Property Taxes in Louisiana?
In Louisiana, squatters are not required to show proof that they have paid their property taxes to gain ownership of the property.
Louisiana Adverse Possession Statute: Louisiana Laws Civil Code CC 3473
Adverse Possession Maine
Statutory Period for Possession in Maine
In Maine, squatters can make an adverse possession claim if they have occupied the land or building for twenty continuous years.
Do Squatters Have to Pay Property Taxes in Maine?
In Maine, squatters are not required to show proof that they have paid their property taxes to gain ownership of the property.
Maine Adverse Possession Statute: Maine Revised Statute 14, 801
Adverse Possession Maryland
Statutory Period for Possession in Maryland
In Maryland, squatters can make an adverse possession claim if they have occupied the land or building for twenty continuous years.
Do Squatters Have to Pay Property Taxes in Maryland?
In Maryland, squatters are not required to show proof that they have paid their property taxes to gain ownership of the property.
Maryland Adverse Possession Statute: Maryland Annotated Code 5-103
Adverse Possession Massachusetts
Statutory Period for Possession in Massachusetts
In Massachusetts, squatters can make an adverse possession claim if they have occupied the land or building for twenty continuous years.
Do Squatters Have to Pay Property Taxes in Massachusetts?
In Massachusetts, squatters are not required to show proof that they have paid their property taxes to gain ownership of the property.
Massachusetts Adverse Possession Statute: Massachusetts General Law – Part III, Title V, Chapter 260, Section 21
Adverse Possession Michigan
Statutory Period for Possession in Michigan
In Michigan, squatters can make an adverse possession claim if they have occupied the land or building for fifteen continuous years.
Do Squatters Have to Pay Property Taxes in Michigan?
In Michigan, squatters are not required to show proof that they have paid their property taxes to gain ownership of the property.
Michigan Adverse Possession Statute: Michigan Compiled Laws 600.5801
Adverse Possession Minnesota
Statutory Period for Possession in Minnesota
In Minnesota, squatters can make an adverse possession claim if they have occupied the land or building for fifteen continuous years.
Do Squatters Have to Pay Property Taxes in Minnesota?
In Minnesota, squatters are required to show proof that they have paid their property taxes to gain ownership of the property (five year minimum).
Minnesota Adverse Possession Statute: Minnesota Statute 541.02
Adverse Possession Mississippi
Statutory Period for Possession in Mississippi
In Mississippi, squatters can make an adverse possession claim if they have occupied the land or building for ten continuous years.
Do Squatters Have to Pay Property Taxes in Mississippi?
In Mississippi, squatters are not required to show proof that they have paid their property taxes to gain ownership of the property.
Mississippi Adverse Possession Statute: Mississippi Annotated Code 15-1-13
Adverse Possession Missouri
Statutory Period for Possession in Missouri
In Missouri, squatters can make an adverse possession claim if they have occupied the land or building for ten continuous years.
Do Squatters Have to Pay Property Taxes in Missouri?
In Missouri, squatters are not required to show proof that they have paid their property taxes to gain ownership of the property.
Missouri Adverse Possession Statute: Missouri Annotated Statute 516.010
Adverse Possession Montana
Statutory Period for Possession in Montana
In Montana, squatters can make an adverse possession claim if they have occupied the land or building for five continuous years.
Do Squatters Have to Pay Property Taxes in Montana?
In Montana, squatters are required to show proof that they have paid their property taxes to gain ownership of the property (five year minimum).
Montana Adverse Possession Statute: Montana Code Annotated 70-19-411
Adverse Possession Nebraska
Statutory Period for Possession in Nebraska
In Nebraska, squatters can make an adverse possession claim if they have occupied the land or building for ten continuous years.
Do Squatters Have to Pay Property Taxes in Nebraska?
In Nebraska, squatters are not required to show proof that they have paid their property taxes to gain ownership of the property.
Nebraska Adverse Possession Statute: Nebraska Revised Statute 25-202
Adverse Possession Nevada
Statutory Period for Possession in Nevada
In Nevada, squatters can make an adverse possession claim if they have occupied the land or building for fifteen continuous years.
Do Squatters Have to Pay Property Taxes in Nevada?
In Nevada, squatters are required to show proof that they have paid their property taxes to gain ownership of the property (five year minimum).
Nevada Adverse Possession Statute: Nevada Revised Statute 40.090
Adverse Possession New Hampshire
Statutory Period for Possession in New Hampshire
In New Hampshire, squatters can make an adverse possession claim if they have occupied the land or building for twenty continuous years.
Do Squatters Have to Pay Property Taxes in New Hampshire?
In New Hampshire, squatters are not required to show proof that they have paid their property taxes to gain ownership of the property.
New Hampshire Adverse Possession Statute: New Hampshire Revised Statute 508:2
Adverse Possession New Jersey
Statutory Period for Possession in New Jersey
In New Jersey, squatters can make an adverse possession claim if they have occupied the land or building for thirty continuous years.
Do Squatters Have to Pay Property Taxes in New Jersey?
In New Jersey, squatters are not required to show proof that they have paid their property taxes to gain ownership of the property.
New Jersey Adverse Possession Statute: New Jersey Revised Statutes 2A:14-30
Adverse Possession New Mexico
Statutory Period for Possession in New Mexico
In New Mexico, squatters can make an adverse possession claim if they have occupied the land or building for ten continuous years.
Do Squatters Have to Pay Property Taxes in New Mexico?
In New Mexico, squatters are required to show proof that they have paid their property taxes to gain ownership of the property. While there are a few exceptions squatters almost always have an easier time gaining property ownership with proof of property taxes.
New Mexico Adverse Possession Statute: New Mexico Statutes 37-1-22
Adverse Possession New York
Statutory Period for Possession in New York
In New York, squatters can make an adverse possession claim if they have occupied the land or building for ten continuous years.
Do Squatters Have to Pay Property Taxes in New York?
In New York, squatters are not required to show proof that they have paid their property taxes to gain ownership of the property.
New York Adverse Possession Statute: New York Real Property Laws 501 – 511
Adverse Possession North Carolina
Statutory Period for Possession in North Carolina
In North Carolina, squatters can make an adverse possession claim if they have occupied the land or building for twenty continuous years or with proof of color of title seven years.
Color of title refers to a claim to title that appears valid but may be legally defective.
Do Squatters Have to Pay Property Taxes in North Carolina?
In North Carolina, squatters are not required to show proof that they have paid their property taxes to gain ownership of the property.
North Carolina Adverse Possession Statute: North Carolina Statute 1-38, 1-40
Adverse Possession North Dakota
Statutory Period for Possession in North Dakota
In North Dakota, squatters can make an adverse possession claim if they have occupied the land or building for twenty continuous years or if they’ve paid property taxes for the land for at least ten years.
Do Squatters Have to Pay Property Taxes in North Dakota?
In North Dakota, squatters are not required to show proof that they have paid their property taxes to gain ownership of the property. However, squatters have a much easier time gaining property ownership with proof of property taxes.
North Dakota Adverse Possession Statute: North Dakota Title 28 Chapter 1
Adverse Possession Ohio
Statutory Period for Possession in Ohio
In Ohio, squatters can make an adverse possession claim if they have occupied the land or building for twenty-one continuous years.
Do Squatters Have to Pay Property Taxes in Ohio?
In Ohio, squatters are not required to show proof that they have paid their property taxes to gain ownership of the property.
Ohio Adverse Possession Statute: Ohio Revised Statutes 2305.04
Adverse Possession Oklahoma
Statutory Period for Possession in Oklahoma
In Oklahoma, squatters can make an adverse possession claim if they have occupied the land or building for fifteen continuous years.
Do Squatters Have to Pay Property Taxes in Oklahoma?
In Oklahoma, squatters are not required to show proof that they have paid their property taxes to gain ownership of the property.
Oklahoma Adverse Possession Statute: Oklahoma Statutes Title 12 – 93
Adverse Possession Oregon
Statutory Period for Possession in Oregon
In Oregon, squatters can make an adverse possession claim if they have occupied the land or building for ten continuous years.
Do Squatters Have to Pay Property Taxes in Oregon?
In Oregon, squatters are not required to show proof that they have paid their property taxes to gain ownership of the property.
Oregon Adverse Possession Statute: Oregon Revised Statutes 105.620
Adverse Possession Pennsylvania
Statutory Period for Possession in Pennsylvania
In Pennsylvania, squatters can make an adverse possession claim if they have occupied the land or building for twenty-one continuous years.
Do Squatters Have to Pay Property Taxes in Pennsylvania?
In Pennsylvania, squatters are not required to show proof that they have paid their property taxes to gain ownership of the property.
Pennsylvania Adverse Possession Statute: Pennsylvania General Assembly Title 42-5530
Adverse Possession Rhode Island
Statutory Period for Possession in Rhode Island
In Rhode Island, squatters can make an adverse possession claim if they have occupied the land or building for ten continuous years.
Do Squatters Have to Pay Property Taxes in Rhode Island?
In Rhode Island, squatters are not required to show proof that they have paid their property taxes to gain ownership of the property.
Rhode Island Adverse Possession Statute: Rhode Island Title 34 Chapter 34-7
Adverse Possession South Carolina
Statutory Period for Possession in South Carolina
In South Carolina, squatters can make an adverse possession claim if they have occupied the land or building for ten continuous years.
Do Squatters Have to Pay Property Taxes in South Carolina?
In South Carolina, squatters are not required to show proof that they have paid their property taxes to gain ownership of the property.
South Carolina Adverse Possession Statute: South Carolina Code of Laws Title 15 Chapter 67
Adverse Possession South Dakota
Statutory Period for Possession in South Dakota
In South Dakota, squatters can make an adverse possession claim if they have occupied the land or building for twenty continuous years or if they’ve paid property taxes for the land for at least ten years.
Do Squatters Have to Pay Property Taxes in South Dakota?
In South Dakota, squatters are not required to show proof that they have paid their property taxes to gain ownership of the property. However, squatters have a much easier time gaining property ownership with proof of property taxes.
South Dakota Adverse Possession Statute: South Dakota Law Chapter 15-3
Adverse Possession Tennessee
Statutory Period for Possession in Tennessee
In Tennessee, squatters can make an adverse possession claim if they have occupied the land or building for seven continuous years with color of title or if they’ve paid property taxes for the land for at least twenty years.
Do Squatters Have to Pay Property Taxes in Tennessee?
In Tennessee, squatters are not required to show proof that they have paid their property taxes to gain ownership of the property. However, squatters have a much easier time gaining property ownership with proof of property taxes.
Tennessee Adverse Possession Statute: Tennessee Code 28-2-101
Adverse Possession Texas
Statutory Period for Possession in Texas
In Texas, squatters can make an adverse possession claim if they have occupied the land or building for twenty continuous years, or three years if they hold color of title.
Color of title refers to a claim to title that appears valid but may be legally defective.
Do Squatters Have to Pay Property Taxes in Texas?
In Texas, squatters are required to show proof that they have paid their property taxes to gain ownership of the property. While there are a few exceptions squatters almost always have an easier time gaining property ownership with proof of property taxes.
Texas Adverse Possession Statute: Texas Civil Remedies Code Sec. 16.024
Adverse Possession Utah
In Utah, squatters can make an adverse possession claim if they have occupied the land or building for seven continuous years.
Do Squatters Have to Pay Property Taxes in Utah?
In Utah, squatters are required to show proof that they have paid their property taxes to gain ownership of the property (seven year minimum).
Utah Adverse Possession Statute: Utah Code 78B-2-208
Adverse Possession Vermont
Statutory Period for Possession in Vermont
In Vermont, squatters can make an adverse possession claim if they have occupied the land or building for fifteen continuous years.
Do Squatters Have to Pay Property Taxes in Vermont?
In Vermont, squatters are not required to show proof that they have paid their property taxes to gain ownership of the property.
Vermont Adverse Possession Statute: Vermont Statute 12 – 501
Adverse Possession Virginia
Statutory Period for Possession in Virginia
In Virginia, squatters can make an adverse possession claim if they have occupied the land or building for fifteen continuous years.
Do Squatters Have to Pay Property Taxes in Virginia?
In Virginia, squatters are not required to show proof that they have paid their property taxes to gain ownership of the property.
Virginia Adverse Possession Statute: Virginia Code 8.01-236
Adverse Possession Washington
In Washington, squatters can make an adverse possession claim if they have occupied the land or building for ten continuous years or if they’ve paid property taxes for the land for at least seven years.
Do Squatters Have to Pay Property Taxes in Washington?
In Washington, squatters are not required to show proof that they have paid their property taxes to gain ownership of the property. However, squatters have a much easier time gaining property ownership with proof of property taxes.
Washington Adverse Possession Statute: Washington Statute 4.16.020
Adverse Possession West Virginia
Statutory Period for Possession in West Virginia
In West Virginia, squatters can make an adverse possession claim if they have occupied the land or building for ten continuous years.
Do Squatters Have to Pay Property Taxes in West Virginia?
In West Virginia, squatters are not required to show proof that they have paid their property taxes to gain ownership of the property.
West Virginia Adverse Possession Statute: West Virginia Code 55-2-1
Adverse Possession Wisconsin
Statutory Period for Possession in Wisconsin
In Wisconsin, squatters can make an adverse possession claim if they have occupied the land or building for twenty continuous years or ten years if they hold color of title.
Color of title refers to a claim to title that appears valid but may be legally defective.
Do Squatters Have to Pay Property Taxes in Wisconsin?
In Wisconsin, squatters are not required to show proof that they have paid their property taxes to gain ownership of the property. However, squatters have a much easier time gaining property ownership with proof of property taxes.
Wisconsin Adverse Possession Statute: Wisconsin Statute 893.25
Adverse Possession Wyoming
Statutory Period for Possession in Wyoming
In Wyoming, squatters can make an adverse possession claim if they have occupied the land or building for ten continuous years.
Do Squatters Have to Pay Property Taxes in Wyoming?
In Wyoming, squatters are not required to show proof that they have paid their property taxes to gain ownership of the property.
Wyoming Adverse Possession Statute: Wyoming Statute 1-3-103
