What Are Squatter's Rights?

Adverse possession (commonly called "squatter's rights") is a legal doctrine that allows a person to gain legal ownership of property by occupying it openly and continuously for a statutory period.

Requirements for adverse possession (all must be met):

Actual possession — You must physically occupy and use the property (not just visit occasionally).

Open and notorious — Your occupation must be visible and obvious to anyone, including the true owner.

Exclusive — You must possess the property exclusively, not share it with the owner or the public.

Hostile — Your possession must be without the owner's permission. "Hostile" means without right, not necessarily with ill intent.

Continuous — You must occupy the property without interruption for the entire statutory period.

Time requirements by state (examples):

California: 5 years (with tax payment)

Florida: 7 years (with color of title) or 20 years

New York: 10 years

Texas: 3-25 years depending on circumstances

Pennsylvania: 21 years

Additional requirements. Some states require the squatter to pay property taxes during the possession period or have "color of title" (a defective deed or other document suggesting ownership).

Property owner protections:

Regularly inspect your property.

Post "no trespassing" signs.

Secure the property against unauthorized entry.

Take legal action promptly if someone is occupying your property.

Give written permission (creating a license, which defeats the "hostile" requirement).

This is legal information, not legal advice.