Buzz
With rising rents and the increasing cost of housing, many are feeling desperate. One of the most peculiar aspects of the housing crisis is that there are around 16 million vacant properties in the country—homes and apartments left uninhabited.
If you happen to have such a property in your neighborhood, you might wonder if it's possible to simply move in. Interestingly, the legal principle known as adverse possession, or squatter’s rights, might allow for that. This is different from 'phrogging,' where individuals live in homes secretly for a brief time, or the plot in the movie *Parasite*, where a man lived undetected in someone else's house for years. Squatting involves living in a property without permission long enough to potentially claim ownership.
It may sound unbelievable, but under certain conditions, you can legally take possession of a property just by living there. This recently occurred to a man in Delaware, who discovered that someone had been occupying part of his land for decades. Here's what you need to understand about squatter's rights.
From unlawful to lawful.
Let’s clarify right from the start: squatting isn’t as simple as breaking into someone’s house and shouting 'ADVERSE POSSESSION!' like Michael Scott declaring bankruptcy. It’s legally grey because all squatting starts as trespassing. You’ve entered someone’s property without permission and are using it without their consent. If they realize you’re there, they can—almost certainly—have you evicted.
The legal complexity arises when you continue to occupy the property for a prolonged period without being challenged. If your intent is to claim adverse possession (or at least stay in the property after the owner has raised an objection), there are six essential legal requirements for making such a claim:
Actual possession. You must physically control the property—you need to be actually living there. This can’t be done from afar over the Internet.
Open possession. Your presence must be obvious. This is why phrogging doesn’t apply—if you try to hide your occupancy, you can’t claim adverse possession.
Hostile possession. You can’t have any form of permission from the owner. If you’re there with consent (or what could be interpreted as consent), then the owner retains control of the property.
Continuous possession. You must reside in the property without interruption for an ongoing period.
Exclusive possession. You cannot share the property with someone else—if there are other squatters, you can’t claim adverse possession. In essence, you need to treat the property as your own private space.
Length of possession. State laws vary, but you must have actual, open, exclusive, continuous, and hostile possession for long enough to meet local requirements. Some states require lengthy periods of possession—New Jersey, for example, mandates thirty years (along with meeting the other criteria) before you can make a claim. In contrast, California only requires five years.
If you discover an empty house or apartment, move in alone without permission, make your presence clear, and live openly there for several years, then depending on the state, you might be able to legally claim ownership of the property.
Preventing squatting.
That being said, it’s relatively easy for a property owner to thwart any attempts at squatting. The various ways your plan can (and likely will) fail include:
Signage. In some states, simply placing signs that indicate the property is private or that trespassing is prohibited can be enough to stop any adverse possession claim.
Involving law enforcement. If the owner notices your presence before you’ve met the necessary duration for adverse possession, they can contact the police and file a trespassing report or issue you a notice to vacate if they claim you’re damaging the property or engaging in illegal activities. These notices often specify a time frame (usually a few days) for you to leave before law enforcement steps in.
Eviction. If a simple notice to vacate isn’t enough, the property owner can (and probably will) initiate eviction proceedings. This is a lengthier and more involved process, including court hearings, but it will likely result in your removal unless you can prove adverse possession.
Physical removal. If you leave the property at any point, the owner may change the locks and/or regain control by either moving in themselves or legally leasing the property to someone else.
Written permission. Although this may seem counterintuitive, if the property owner suspects you might be attempting to claim adverse possession, they can grant you permission to stay as a tenant. This might allow you to live there temporarily, but it removes the “hostile” component of the claim, reasserting their ownership and control. They may also charge you rent and potentially sue you for it.
Alternatively, the property owner could attempt to negotiate your departure peacefully, possibly offering you money to leave.
Squatting and claiming adverse possession can actually work, but it requires a significant amount of time, patience, and determination. However, even if you don’t end up owning the property, you might still manage to live rent-free for a few weeks or months. Of course, this comes with the risk of arrest and potential legal consequences.
