For most homeowners, someone can move into your property without permission and end up own it Seems ridiculous. However, in several states in the United States, this is not only possible. This is legal. This process, known as adverse possession, allows squatters to gain legal title to a property if they meet certain criteria within a specified period of time.
Adverse possession laws were originally designed to resolve boundary disputes and encourage landowners to maintain their property. But they have carved out contentious legal territory in recent decades, particularly as housing shortages and homelessness increase. In some cases, squatters claim ownership of abandoned or neglected homes and walk away with ownership after a few years.
If you are a property owner, investor, or even someone who has inherited land that you don’t visit often, it’s critical to understand where and how these laws are enforced. Here’s a look at the circumstances under which squatters can legally take over a property in eight U.S. states, and what that really means for homeowners.
1. California
California has long been one of the most squatter-friendly states thanks to its generous adverse possession laws. If someone has been in open, continuous, and exclusive possession of a property for five years, they can have a legal claim against it—provided they also paid property taxes during that period.
Tax requirements are a hurdle, but not an insurmountable one. In practice, the law has been used by both individuals trying to take over neglected homes and companies taking advantage of legal gray areas to flip distressed properties.
2. Florida
In Florida, squatters can acquire property after seven years of continuous, visible occupation. Like California, they must also show that they have always treated the properties as their own. This may include repairs, lock changes, or even renovations.
Florida’s climate and large number of vacant seasonal properties make it particularly vulnerable. Homes that have been vacant for months can quickly attract uninvited residents, and squatters may begin legal action for ownership if the owners do not take legal action quickly.
Still, Florida Governor Rick DeSantis recently signed legislation making it easier to remove squatters. Florida Senate Bill 322 makes it easier to remove squatters from commercial properties and imposes criminal penalties for related false claims. The Florida Senate bill also strengthens hotel owners’ rights when dealing with guests who don’t pay their bills, including a legal presumption that hotel guests cannot use the accommodation for residential purposes.
3. Texas
Texas requires squatters to have 10 years of continuous use before they can file a legal claim. However, in certain circumstances, such as when someone truly believes their actions were valid, this period may be reduced to three or five years, depending on the circumstances.
The state’s vast rural areas and ranches make it easier for squatters to go unnoticed for long periods of time. Additionally, Texas law emphasizes the concept of “hostile possession,” which does not imply violence. This simply means without the owner’s permission.
4.New York
New York’s adverse possession laws have evolved in recent years, particularly after a landmark 2008 ruling clarified what constitutes an “open and notorious” occupation. Squatters in New York must occupy a property without the owner’s consent for 10 years.
Interestingly, New York City has seen an increase in squatting cases, particularly in abandoned buildings and multi-family housing. Some of these disputes ended up in the courts, where squatters successfully defended their rights to stay due to long-term occupation.
5. Washington
In Washington state, the legal window for adverse possession is also 10 years. However, the situation becomes more complicated when a squatter takes possession “in good faith”, that is, because of a mistaken belief or conduct that he or she believes he or she has a right to the property.
Washington’s liberal housing policies and large number of rental properties make it a state to be wary of potential legal conflicts between landlords, property owners, and long-term squatters.
6. Illinois
Illinois allows squatters to apply for title after seven years if they can prove they have been maintaining the property and paying taxes. If taxes are not paid, the time required jumps to 20 years.
The key detail in Illinois is the importance of moving quickly. Property owners who delay responding to unauthorized occupants may find themselves facing an uphill legal battle, especially in Cook County and surrounding urban areas.
Illinois, like many other states, has recently streamlined its eviction process. In July 2025, Illinois Governor JB Pritzker signed Senate Bill 1563, which allows police to evict trespassers if the eviction is ordered by a court.
7. Colorado
Squatter problems are not uncommon in Colorado. In 2024, seniors William and Arlene Towns allowed a homeless woman to live with them. When Miss Townes left their home to recover from a lengthy heart surgery, their tenants moved her son and boyfriend into the home, despite the wishes of the family in the town.
Colorado follows the typical 18-year adverse possession rule, but under certain conditions, such as when a squatter owns property with title colors (a document that appears to confer title), the time frame can be shortened to 7 years.
In 2008, a controversial case in Boulder in which a couple won ownership of a portion of their neighbor’s land over a long-standing fence line sparked public outrage and led to legal reform. However, adverse possession is still possible under the right conditions.
8. Oregon
In Oregon, squatters can assert legal rights to a property after 10 years of continuous use. As in other states, occupation must be obvious to the public and must be without the permission of the rightful owner.
Oregon’s housing crisis and unregulated rural lands make it fertile ground for squatter claims, especially in more remote counties. There is also controversy in urban areas such as Portland, where housing remains unaffordable for many people. While Portland itself is generally supportive of tenants’ rights, the Oregon Legislature recently passed HB 3522, expediting eviction proceedings for landlords. Property owners can now give 24 hours’ notice and file for eviction in their local county court without going through a long and expensive process.
What can owners do?
The most important thing about these state laws is that there are consequences for inaction. If you leave your property unattended or fail to respond to a trespasser, you may inadvertently help them build their legal case.
Property owners should conduct regular inspections, post “no trespassing” signs, and ensure property taxes are paid. In many states, the clock for adverse possession begins the moment the squatter moves in, and there is no forcible eviction.
If you are unsure of your rights or suspect someone has taken over your property, consult a real estate attorney immediately. The sooner you take action, the better your chances of maintaining control. Eviction laws are also frequently updated. For example, in March 2025, Florida passed Session Law 2024-44, an anti-squatting bill that made squatting a misdemeanor and allowed for faster evictions. Additionally, in April 2024, New York partially implemented reforms that make it more difficult for landlords to evict tenants.
Finally, while squatting is an ongoing issue, it doesn’t happen very often. According to a National Rental Housing Council (NRHC) survey of cities in Texas, Florida and Georgia, only 1,800 of thousands of homes in those states were occupied by squatters.
Have you or someone you know dealt with a squatter before? Do you think these laws protect property or encourage abuse?
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