Squatters Rights by State

Last updated October 30, 2025

Understanding Squatters’ Rights in the United States

Squatters’ rights, or adverse possession laws, allow someone to gain ownership of a property if they occupy it without permission for a certain period and meet specific legal conditions. These laws vary by state but generally require that the person live on the property openly, continuously, and exclusively, as though they were the rightful owner. Paying property taxes or having a valid but mistaken deed—known as color of title—can strengthen a claim.

Adverse possession doesn’t happen overnight. The claimant must prove they treated the property as their own and that the real owner took no action during the statutory period. When all requirements are met, a court case known as quiet title can transfer legal ownership.

Roommates or family members who refuse to leave a shared residence aren’t true squatters but still must be removed legally, usually through a formal eviction process. The same applies to tenants who remain after their lease ends: landlords must issue a notice to quit before filing an eviction. For short-term rentals like Airbnb, guests who stay fewer than 28 days are considered temporary occupants and can usually be removed without a court order if they overstay.

For property owners, prevention is key. Keeping land secured, posting “No Trespassing” signs, maintaining boundaries, and responding quickly to unauthorized occupation can avoid lengthy disputes. If someone refuses to leave, legal eviction is the safest path—starting with written notice, followed by a court order and, if necessary, sheriff enforcement.

The information below summarizes the key legal pathways and time requirements for each U.S. state.

Path to Ownership

This column shows the legal route through which a person can claim ownership after living on someone else’s property for a specific number of years. This is the essence of adverse possession.

To make such a claim, most states require that the occupant:

  • Lives on the property continuously for a defined period (anywhere from 3 to 30 years, depending on the state).
  • Uses the property openly and as an owner would—for example, by maintaining it, improving it, or paying property taxes.
  • Does so without permission from the legal owner (“hostile possession”).

Once the statutory period is met, the occupant can file a quiet title action in court to request legal ownership.

Examples:

  • In California, five years of continuous occupancy and payment of property taxes may allow a claim.
  • In New Jersey, the time requirement can reach 30 years (or 60 years for woodlands).

Holdover Tenants

Not all unlawful occupants are trespassers. A holdover tenant is a renter who stays after their lease ends without signing a renewal. When this happens, landlords must follow each state’s landlord-tenant eviction laws.

The process typically starts with a notice to quit—a written warning that gives the tenant a certain number of days (usually 3 to 14) to leave the property or face eviction. If they refuse, the landlord can then file an eviction lawsuit in court.

Unauthorized Occupants

This category covers individuals who enter or remain on a property without any legal right, such as people squatting in vacant homes, abandoned buildings, or unoccupied lots. Even though they have no tenancy rights, property owners usually must follow due process before removing them.

That means providing a written notice and allowing a legally defined waiting period—often 15 to 60 days, depending on the state—before filing for a court order or requesting law-enforcement assistance.

Some states allow faster removal when there’s clear evidence of recent trespass, while others require full civil proceedings even for short-term squatters.

Why Adverse Possession Laws Exist

Adverse possession laws were originally designed to encourage the productive use of land and prevent neglect. In practice, they reward long-term, open use of abandoned property—but also create challenges in modern cities, where housing shortages and foreclosures have made unauthorized occupation more common.

Region ↕Squatters Rights Minimum Years↕Squatters Rights Maximum Years↕
Texas3010
New Jersey3020+
Pennsylvania2120+
Ohio2120+
Hawaii2020+
Delaware2020
South Dakota2020+
Maine2020+
Maryland2020+
Massachusetts2020+
North Dakota2020+
North Carolina2020+
Illinois2020+
New Hampshire2020+
Wisconsin2020+
Idaho2020+
Colorado1815-20
Oklahoma1515-20
Virginia1515-20
Minnesota1515-20
Kansas157
Kentucky1515-20
Vermont1515-20
Connecticut1515-20
Michigan1515-20
Missouri1010
New York1010
Mississippi1010
Wyoming1010
Alabama1010
Washington1010
Nebraska1010
Indiana1010
South Carolina1010
Louisiana1020+
Oregon1010
Iowa1010
Rhode Island1010
West Virginia1010
New Mexico1010
Utah77
Alaska710
Tennessee720+
Florida77
Arkansas77
Georgia720
Nevada515-20
Montana57
California57
Arizona310

Key Findings

  • The shortest periods for adverse possession are found in Arizona (3 years) if the squatter holds a deed and pays property taxes, California and Montana (5 years) with color of title, and Utah and Florida (7 years) when taxes are paid consistently.
  • The longest timeframes occur in New Jersey and Texas (30 years), with New Jersey extending to 60 years for woodland property, followed by Ohio and Pennsylvania (21 years) due to traditional common-law standards.
  • On average, most U.S. states require 10 to 20 years of open, continuous, and exclusive possession before an adverse possession claim is valid.
  • Southern states such as Alabama, Georgia, and Florida generally require 7–10 years, making them more permissive for claimants.
  • Northeastern states like New Jersey, Massachusetts, and Pennsylvania maintain 20–30-year thresholds, reflecting older property doctrines.
  • Western states, including California and Nevada, place greater emphasis on property tax payments and color of title rather than mere occupation duration.

Squatters’ Rights by State

Alabama

  • Path to Ownership: Possession for 10 years with tax payments or 20 years of occupation (§ 6-5-200; Bradley v. Demos, 599 So. 2d 1148).
  • Holdover Tenants: 7-day notice to quit (§ 35-9A-421(b)).
  • Unauthorized Occupants: 30-day notice (§ 35-9A-441(b)).

Alaska

  • Path to Ownership: 7 years with color of title or 10 years with tax payments (§§ 09.45.052, 09.10.030).
  • Holdover Tenants: 7-day notice (§ 34.03.220(b)).
  • Unauthorized Occupants: 30-day notice (§ 34.03.290).

Arizona

  • Path to Ownership: 3 years with tax payments or 10 years of open possession (ARS §§ 12-523, 12-526).
  • Holdover Tenants: 5-day notice (§ 33-1368(2b)).
  • Unauthorized Occupants: 30-day notice (§ 33-1375).

Arkansas

  • Path to Ownership: 7 years with color of title + tax payments (§ 18-11-106).
  • Holdover Tenants: 3-day notice (§ 18-60-304(3)).
  • Unauthorized Occupants: 30-day notice (§ 18-17-704).

California

  • Path to Ownership: 5 years of residence + property-tax payment (Civ. Proc. Code § 325).
  • Holdover Tenants: 3-day notice (§ 1161(2)).
  • Unauthorized Occupants: 30-day notice (§ 1946.1).

Colorado

  • Path to Ownership: 18 years continuous possession or 7 years with color of title + taxes (§§ 38-41-101, 38-41-108).
  • Holdover Tenants: 10-day notice (§ 13-40-104(1)(d)).
  • Unauthorized Occupants: Written notice to quit required.

Connecticut

  • Path to Ownership: 15 years of uninterrupted occupation (§ 52-575).
  • Holdover Tenants: 3-day notice (§ 47a-23).
  • Unauthorized Occupants: Minimum 3-day notice (§ 47a-23).

Delaware

  • Path to Ownership: 20 years of residence (tit. 10 § 7901).
  • Holdover Tenants: 5-day notice (tit. 25 § 5502).
  • Unauthorized Occupants: 60-day notice (§ 5106).

Florida

  • Path to Ownership: 7 years with color of title or tax payments (§ 95.16).
  • Holdover Tenants: 3-day notice (§ 83.56(3)).
  • Unauthorized Occupants: 15-day notice (§ 83.57).

Georgia

  • Path to Ownership: 20 years of exclusive possession or 7 years for improved land (§ 44-5-14).
  • Holdover Tenants: 3-day notice (§ 44-7-50(c)).
  • Unauthorized Occupants: 60-day notice (§ 44-7-7).

Hawaii

  • Path to Ownership: Continuous, open possession for 20 years may qualify for adverse possession (§§ 657-31 to 31.5).
  • Holdover Tenants: 5-day notice to quit (§ 521-68).
  • Unauthorized Occupants: 45-day notice (§ 521-71).

Idaho

  • Path to Ownership: 20 years of possession with tax payments or visible land improvement (§ 5-210).
  • Holdover Tenants: 3-day notice (§ 6-303(2)).
  • Unauthorized Occupants: 30-day notice (§ 55-208).

Illinois

  • Path to Ownership: 20 years with color of title or 7 years of continuous occupation with tax payments (§§ 13-101, 13-109).
  • Holdover Tenants: 5-day notice (§ 9-209).
  • Unauthorized Occupants: 30-day notice (§ 9-207).

Indiana

  • Path to Ownership: 10 years of possession while paying taxes (§§ 32-21-7-1, 34-11-1-2).
  • Holdover Tenants: 10-day notice (§ 32-31-1-6).
  • Unauthorized Occupants: 30-day notice (§ 32-31-1-1).

Iowa

  • Path to Ownership: 10 years of continuous possession (§ 614.17A).
  • Holdover Tenants: 3-day notice (§ 562A.27).
  • Unauthorized Occupants: 30-day notice (§ 562A.34).

Kansas

  • Path to Ownership: 15 years of open and uninterrupted occupation (§ 60-503).
  • Holdover Tenants: 5-day notice (§ 58-2564(b)).
  • Unauthorized Occupants: 30-day notice (§ 58-2570).

Kentucky

  • Path to Ownership: 15 years of continuous possession or 7 years with color of title (§§ 413.010, 413.060).
  • Holdover Tenants: 7-day notice (§ 383.660(2)).
  • Unauthorized Occupants: 30-day notice (§ 383.695).

Louisiana

  • Path to Ownership: 30 years of possession, or 10 years with color of title (CC 3486; 3475).
  • Holdover Tenants: 5-day notice (CCP 4701).
  • Unauthorized Occupants: 10-day notice (Civ. Code art. 2728).

Maine

  • Path to Ownership: 20 years of open, continuous residence (Me. Rev. Stat. tit. 14, § 801).
  • Holdover Tenants: 7-day notice (§ 6002).
  • Unauthorized Occupants: 30-day notice (§ 6002).

Maryland

  • Path to Ownership: 20 years of continuous possession (§ 5-103).
  • Holdover Tenants: Immediate notice (§ 8-401).
  • Unauthorized Occupants: 30-day notice (§ 8-402(b)(1)(i)).

Massachusetts

  • Path to Ownership: 20 years of open, exclusive, and continuous occupation qualifies for adverse possession (ch. 260 § 21).
  • Holdover Tenants: 14-day notice (ch. 186 § 11).
  • Unauthorized Occupants: 30-day notice (ch. 186 § 12).

Michigan

  • Path to Ownership: 15 years of exclusive and uninterrupted possession (§ 600.5801).
  • Holdover Tenants: 7-day notice (§ 554.134(2)).
  • Unauthorized Occupants: 30-day notice (§ 554.134).

Minnesota

  • Path to Ownership: 15 years of continuous possession with tax payments (§ 541.02).
  • Holdover Tenants: 14-day notice (§ 504B.135(b)).
  • Unauthorized Occupants: 30-day notice (§ 504B.135).

Mississippi

  • Path to Ownership: 10 years of open and exclusive possession (§ 15-1-13).
  • Holdover Tenants: 3-day notice (§ 89-7-27).
  • Unauthorized Occupants: 30-day notice (§ 89-8-19).

Missouri

  • Path to Ownership: 10 years of continuous residence (§ 516.010).
  • Holdover Tenants: Notice to quit (§ 535.060).
  • Unauthorized Occupants: 30-day notice (§ 441.060).

Montana

  • Path to Ownership: 5 years of occupation with tax payments (§ 70-19-411).
  • Holdover Tenants: 3-day notice (§ 70-24-422).
  • Unauthorized Occupants: 30-day notice (§ 70-24-441).

Nebraska

  • Path to Ownership: 10 years of uninterrupted possession (§ 25-202).
  • Holdover Tenants: 7-day notice (§ 76-1431(2)).
  • Unauthorized Occupants: 30-day notice (§ 76-1437).

Nevada

  • Path to Ownership: 15 years of residence, or 5 years with color of title + tax payments (§§ 11.110, 11.150).
  • Holdover Tenants: 5-day notice (§ 40.2512).
  • Unauthorized Occupants: 30-day notice (§ 40.251).

New Hampshire

  • Path to Ownership: 20 years of possession (§ 508:2).
  • Holdover Tenants: 7-day notice (§ 540:3).
  • Unauthorized Occupants: 30-day notice (§ 540:2).

New Jersey

  • Path to Ownership: 30 years of continuous residence; 60 years for woodlands (§ 2A:14-30).
  • Holdover Tenants: Notice to quit (§ 2A:18-61.2).
  • Unauthorized Occupants: 30-day notice (§ 2A:18-56).

New Mexico

  • Path to Ownership: 10 years of occupation with color of title (§ 37-1-22).
  • Holdover Tenants: 3-day notice (§ 47-8-33).
  • Unauthorized Occupants: 30-day notice (§ 47-8-37).

New York

  • Path to Ownership: 10 years of open, continuous possession (Article 5 §§ 501–511).
  • Holdover Tenants: 14-day notice (§ 711(2)).
  • Unauthorized Occupants: 30-day notice (§ 232-b).

North Carolina

  • Path to Ownership: 20 years of possession or 7 years with color of title (§§ 1-40, 1-38).
  • Holdover Tenants: 10-day notice (§ 42-3).
  • Unauthorized Occupants: 7-day notice (§ 42-14).

North Dakota

  • Path to Ownership: 20 years of occupation or 7 years with color of title (§§ 28-01-04, 47-06-03).
  • Holdover Tenants: 3-day notice (§ 47-32).
  • Unauthorized Occupants: 30-day notice (§ 47-16-15).

Ohio

  • Path to Ownership: 21 years of continuous, open possession (§ 2305.04).
  • Holdover Tenants: 3-day notice to quit (§§ 1923.02–1923.04).
  • Unauthorized Occupants: 30-day notice (§ 5321.17).

Oklahoma

  • Path to Ownership: 15 years of uninterrupted residence (§ 12-93).
  • Holdover Tenants: 5-day notice (Title 41 § 131).
  • Unauthorized Occupants: 30-day notice (§ 41-111).

Oregon

  • Path to Ownership: 10 years of open, continuous possession (§ 105.620).
  • Holdover Tenants: 10–13-day notice (§ 90.394).
  • Unauthorized Occupants: 30-day notice (§ 90.427(3)).

Pennsylvania

  • Path to Ownership: 21 years of continuous residence (§ 5530).
  • Holdover Tenants: 10-day notice (§ 250.501(b)).
  • Unauthorized Occupants: 15-day notice (§§ 250.501(b)).

Rhode Island

  • Path to Ownership: 10 years of open and uninterrupted occupation (§ 34-7-1).
  • Holdover Tenants: 5-day notice (§ 34-18-35).
  • Unauthorized Occupants: 30-day notice (§ 34-18-37(b)).

South Carolina

  • Path to Ownership: 10 years of continuous residence (§ 15-67-210).
  • Holdover Tenants: 5-day notice (§ 27-40-710(B)).
  • Unauthorized Occupants: 30-day notice (§ 27-40-770(b)).

South Dakota

  • Path to Ownership: 20 years of occupation, or 10 years with color of title and tax payments (§§ 15-3-1, 15-3-15).
  • Holdover Tenants: Notice to quit (§ 21-16-2(4)).
  • Unauthorized Occupants: 30-day notice (§ 43-8-8).

Tennessee

  • Path to Ownership: Continuous possession for 7 years with color of title or 20 years without title (§ 28-2-101).
  • Holdover Tenants: 14-day notice to quit (§ 66-28-505(a)(2)).
  • Unauthorized Occupants: 30-day notice (§ 66-28-512).

Texas

  • Path to Ownership: 10 years of open, hostile possession (§ 16.026), or 5 years with color of title and paid taxes (§§ 16.025, 16.030).
  • Holdover Tenants: 3-day notice to quit (§ 24.005).
  • Unauthorized Occupants: 30-day notice (§ 91.001).

Utah

  • Path to Ownership: 7 years of continuous possession and property tax payments (§ 78B-2-208).
  • Holdover Tenants: 3-day notice to quit (§ 78B-6-802).
  • Unauthorized Occupants: 15-day notice (§ 78B-6-802(1)(b)(i)).

Vermont

  • Path to Ownership: 15 years of continuous residence (§ 12-501).
  • Holdover Tenants: 14-day notice to quit (§ 4467).
  • Unauthorized Occupants: 60-day notice (§ 4467(c)(1)(A)).

Virginia

  • Path to Ownership: 15 years of continuous, hostile possession (§ 8.01-236).
  • Holdover Tenants: 14-day notice to quit (§ 55.1-1245(F)).
  • Unauthorized Occupants: 30-day notice (§ 55.1-1253(A)).

Washington

  • Path to Ownership: 10 years of open possession (§ 4.16.020), or 7 years with color of title and tax payments (§ 7.28.050).
  • Holdover Tenants: 14-day notice to quit (§ 59.12.030(3)).
  • Unauthorized Occupants: 20-day notice (§ 59.18.200).

West Virginia

  • Path to Ownership: 10 years of continuous, uninterrupted occupation (§ 55-2-1).
  • Holdover Tenants: Immediate notice to quit (§ 55-3A-1).
  • Unauthorized Occupants: 30-day notice (§ 37-6-5).

Wisconsin

  • Path to Ownership: 20 years of possession, 10 years with color of title, or 7 years with paid taxes (§§ 893.25-893.27).
  • Holdover Tenants: 5-day notice to quit (§ 704.17(2)).
  • Unauthorized Occupants: 28-day notice (§ 704.19(3)).

Wyoming

  • Path to Ownership: 10 years of continuous possession (§ 1-3-103).
  • Holdover Tenants: 3-day notice to quit (§ 1-21-1003).
  • Unauthorized Occupants: No statute — recommended 30-day notice.

Sources & Notes

Squatter’s Rights: Laws and Tips for all 50 States
Last updated
September 17, 2025
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