Legal term
Adverse possession and squatters' rights: how long it takes, state by state
Short answer
Adverse possession lets a person who occupies someone else's land openly, continuously and without permission for the full period a state's statute sets become its owner. The period runs from 3 to 21 years: 5 in California, 10 in Texas and New York, 21 in Ohio. A deed or paid property taxes can shorten it in some states.
Date calculator · 20 states
When could adverse possession run in your state?
Each state's period read from its statute · checked Oct 14, 2026
Each rule comes from the official source linked in the result. It runs on your device: nothing you type is stored or sent. General information, not legal advice.
Key points
- The idea
- If an owner does nothing while someone else openly holds the land as their own for the whole period, the owner's right to sue for it ends, and the possessor can ask a court to confirm title.
- How long
- From 3 years (Texas and Arizona, with color of title) to 21 years (Ohio and Pennsylvania). California: 5 years. New York and Texas: 10 years. Florida: 7 years.
- Taxes and deeds
- California always requires the possessor to have paid the property taxes, and Florida does without a deed. In Texas and Arizona, color of title shortens the period to 3 years.
- Squatters
- A squatter is not a tenant just by moving in. Several states now let owners remove unauthorized occupants faster; see below.
Adverse possession is how the law settles old land disputes. Every state limits how long an owner can wait before suing to recover land. Texas law defines adverse possession as "an actual and visible appropriation of real property, commenced and continued under a claim of right that is inconsistent with and is hostile to the claim of another person." When someone holds land that way for the whole period and the owner never acts, the owner's claim is barred.
Below: what counts as adverse possession, the years in each state with the deed and tax-payment variants, squatters and how owners remove them, how owners protect their land, and how a possessor proves a claim, each with its official source.
What counts as adverse possession
The words differ from state to state, but the possession must usually be:
- Actual: the possessor really uses the land, for example lives on it, farms it or fences it.
- Open and notorious: visible enough that an owner who looked would notice.
- Exclusive: the possessor holds it as an owner would, not shared with the owner or the public.
- Hostile, or under a claim of right: without the owner's permission. A tenant or anyone using land with permission is not an adverse possessor.
- Continuous for the whole period the statute sets.
- Texas. "Peaceable possession" means possession that is continuous and not interrupted by an adverse suit to recover the property.Tex. Civ. Prac. & Rem. Code § 16.021
- New York. The possession must be adverse, under a claim of right, open and notorious, continuous, exclusive and actual. A claim of right means a reasonable basis to believe the property belongs to the possessor.N.Y. RPAPL § 501
- Arizona. "Adverse possession" means an actual and visible appropriation of the land, commenced and continued under a claim of right inconsistent with and hostile to the claim of another.A.R.S. § 12-521
How many years for adverse possession, by state
The general period, the shorter periods some states give a possessor who holds a deed or other written title (color of title), and where paying the property taxes matters:
| State | General period | With a deed (color of title) | Paying the taxes | Law |
|---|---|---|---|---|
| California | 5 years | No shorter period | Required | Cal. Code Civ. Proc. § 325 |
| Texas | 10 years | 3 years | Needed only for the 5-year route with a recorded deed | Tex. Civ. Prac. & Rem. Code § 16.026 |
| Florida | 7 years | 7 years, and the claim covers all the land the deed describes | Required without a deed | Fla. Stat. § 95.18 |
| New York | 10 years | No shorter period | Not required by the statute | N.Y. CPLR 212(a) |
| Pennsylvania | 21 years | No shorter period | Not required by the statute | Court opinions applying Pennsylvania's statute (Recreation Land Corp. v. Hartzfield) |
| Illinois | 20 years | 7 years | Not required by the statute | 735 ILCS 5/13-101 |
| Ohio | 21 years | No shorter period | Not required by the statute | Ohio Rev. Code § 2305.04 |
| Georgia | 20 years | 7 years | Not covered by the sources we read | O.C.G.A. § 44-5-163 |
| North Carolina | 20 years | 7 years | Not covered by the sources we read | Court opinions applying North Carolina's statute (Mobley v. Griffin, quoted by the Court of Federal Claims) |
| Michigan | 15 years | No shorter period | Not required by the statute | MCL 600.5801(4) |
| Virginia | 15 years | No shorter period | Not required by the statute | Va. Code § 8.01-236 |
| Washington | 10 years | 7 years | Not required by the statute | RCW 4.16.020 |
| Arizona | 10 years | 3 years | Needed only for the 5-year route with a recorded deed | A.R.S. § 12-526 |
| Maryland | 20 years | No shorter period | Not required by the statute | Md. Code, Cts. & Jud. Proc. § 5-103 |
| Missouri | 10 years | No shorter period | Not required by the statute | RSMo § 516.010 |
| Minnesota | 15 years | No shorter period | Required for a separately assessed parcel | Minn. Stat. § 541.02 |
| South Carolina | 10 years | No shorter period | Not required by the statute | S.C. Code § 15-67-210 |
| Connecticut | 15 years | No shorter period | Not required by the statute | Conn. Gen. Stat. § 52-575 |
| Colorado | 18 years | No shorter period | Not covered by the sources we read | C.R.S. § 38-41-101(1) |
| Tennessee | 20 years | No shorter period | Not covered by the sources we read | Court opinions applying Tennessee common law (Cumulus Broadcasting v. Shim) |
- California: California always requires the possessor to have paid all the taxes assessed on the land during the 5 years.
- Texas: Texas also has a 5-year route for someone who uses the land, pays the taxes and claims under a registered deed, and a 25-year route. Without a deed the claim reaches at most 160 acres unless more is fenced in.
- Florida: Without a deed, Florida requires the taxes to be paid within 1 year of moving in, a return filed with the county property appraiser within 30 days after paying, and every later year's taxes.
- New York: New York requires a claim of right: a reasonable basis to believe the land belongs to the possessor. Fences, hedges, shrubs and sheds that cross a boundary by a little are treated as permitted, not adverse.
- Illinois: In Illinois, the 7-year route needs color of title acquired in good faith and the taxes paid for 7 years in a row.
- Georgia: Georgia's 7-year route needs written evidence of title.
- Arizona: Arizona also has a 5-year route with a recorded deed and paid taxes, and a 2-year period when someone claims only a right of possession. Without a recorded title the claim reaches at most 160 acres unless less is enclosed.
- Missouri: In Missouri, land of the state or land put to public use can't be taken this way.
- Minnesota: Minnesota requires taxes for at least 5 consecutive years for a separately assessed parcel; the tax rule does not apply to a boundary-line dispute.
- Connecticut: In Connecticut, the owner can stop the clock by serving and recording a notice that disputes the possession, then suing within 1 year.
- Colorado: Colorado also has a color-of-title provision (C.R.S. § 38-41-108); its period and terms are not covered here.
- Tennessee: Courts presume a grant or deed after 20 years of uninterrupted possession. Separately, a statute bars the owner's lawsuit to recover land held adversely after 7 years (Tenn. Code Ann. § 28-2-103(a)). That bar stops the owner's suit; whether it also gives the possessor title was not confirmed in the court opinions we read, so don't treat 7 years as ownership. Ask a Tennessee real estate lawyer.
Color of title and paying taxes: how they change the clock
Color of title is a deed or other written title that looks valid but has a defect. In Texas, it means a chain of transfers that is irregular only because a document was not properly recorded or a similar defect. A possessor with color of title usually gets a shorter period, or the claim covers the whole parcel the deed describes rather than only the part actually used.
- Texas: 3, 5, 10 or 25 years. 3 years under title or color of title; 5 years for someone who uses the land, pays the taxes and claims under a registered deed; 10 years otherwise; and a 25-year route that holds even against an owner under a disability.Tex. Civ. Prac. & Rem. Code §§ 16.024, 16.025, 16.026, 16.027
- Florida: 7 years either way, but taxes without a deed. With a written instrument, decree or judgment, 7 years of possession. Without one, 7 years and the possessor must pay the taxes within 1 year of moving in, file a return with the property appraiser within 30 days after paying, and keep paying them.Fla. Stat. §§ 95.16, 95.18
- Arizona: 3, 5 or 10 years. 3 years under color of title; 5 years with a recorded deed and paid taxes; 10 years otherwise.A.R.S. §§ 12-523, 12-525, 12-526
- Minnesota: 15 years, with taxes for a separate parcel. Taxes must have been paid for at least 5 consecutive years of the 15, unless the dispute is about a boundary line.Minn. Stat. § 541.02
Squatters: not tenants, and how owners remove them
A squatter moves into a property without permission. Squatting does not give anyone a right to stay, and in most states it takes many years of open, continuous possession, often with taxes paid, before adverse possession can even begin to matter. Until then, the owner can remove the occupant, but must use a lawful route.
- Don't use force or change the locks on an occupied home yourself. Self-help can expose an owner to liability. Call the police first: unlawful entry or trespass can be a crime.
- Use the fast route if your state has one. Some states now let an owner of a home ask the sheriff to remove unauthorized occupants without a full eviction case, if conditions are met.
- Otherwise file in court. The usual case is an eviction-type action for unlawful or forcible detainer, or an ejectment action. Bring proof of ownership and that you never gave permission.
Squatter laws by state. Since 2024 several states have added a fast route through the sheriff or the police, and new crimes for squatting and fake leases:
| State | Fast removal without a full eviction case | Crimes | Court route |
|---|---|---|---|
| Florida | Since July 1, 2024: the owner files a sworn complaint with the sheriff, who serves a notice to vacate immediately and puts the owner back in possession, if the occupants entered unlawfully, are not tenants or family, and there is no pending lawsuit. Fla. Stat. § 82.036 | Causing $1,000 or more in damage while unlawfully occupying a home is a second-degree felony; a fake lease or deed is a first-degree misdemeanor. §§ 806.13(4), 817.03 | Possession action for unlawful entry or detention, in summary procedure. § 82.03 |
| Texas | Since September 1, 2025: a sworn complaint to the sheriff or constable, who serves a notice to vacate immediately, on similar conditions. Tex. Prop. Code § 24B.001 | A fake lease or deed is a Class A misdemeanor; selling or renting property without authority is a first-degree felony. Penal Code §§ 32.56, 32.57 | Forcible entry and detainer suit in justice court. Prop. Code § 24.005(d) |
| Georgia | Since April 24, 2024: a person accused of squatting gets a citation and 3 business days to show papers authorizing entry, or faces arrest. O.C.G.A. § 16-7-21.1 | Unlawful squatting is a misdemeanor. § 16-7-21.1(b) | Intruder affidavit before the magistrate court. § 44-11-30 |
| New York | No sheriff route; a summary proceeding after a 10-day notice to quit. RPAPL § 713(3) | Entering or remaining unlawfully in a dwelling is criminal trespass in the second degree. Penal Law § 140.15 | Since 2024 a squatter is not a tenant. RPAPL § 711 |
| California | No sheriff route; an owner can file a request with the police so officers can ask trespassers to leave. Cal. Penal Code § 602(o) | Entering or remaining in a dwelling without consent is a misdemeanor. § 602.5(a) | Forcible entry or detainer action, in the unlawful detainer procedure. Code Civ. Proc. § 1160 |
| Arizona | From September 12, 2026: a faster forcible detainer route in court for unauthorized occupants. A.R.S. § 12-1173 | Entering or remaining unlawfully in a home is criminal trespass in the first degree. § 13-1504 | Forcible entry and detainer. § 12-1173(A)(3) |
| Utah | Since May 7, 2025: a verified complaint to local police, who serve a notice to vacate immediately. Utah Code § 78B-6-817 | Causing $1,500 or more in damage is a second-degree felony. § 76-6-106.2 | Forcible entry and unlawful detainer. § 78B-6-801 |
| West Virginia | Since July 10, 2025: a verified complaint to law enforcement for immediate removal; squatters are not tenants. W. Va. Code § 55-3C-3 | Squatting is trespass; damage over $1,000 is a felony. § 55-3C-2 | No eviction case is required. § 55-3C-2(c) |
| Louisiana | No separate removal procedure; police can act on trespass once the owner has told the squatter to leave. La. R.S. 14:63 | Criminal trespass covers a squatter who stays after being told to leave. R.S. 14:63 | Eviction of an occupant after a 5-day notice. La. Code Civ. Proc. art. 4702 |
How owners protect their land
- Visit and look. Walk the land, especially vacant lots and boundaries. An owner who would have noticed is treated as knowing.
- Give permission in writing. If a neighbour uses your land and you don't mind, a signed permission letter makes the use permissive, not adverse.
- Get a survey and fix the line. A survey shows where fences, sheds and driveways really sit. Settle a boundary in a recorded agreement.
- Pay your property taxes and read your tax bill. In states where a possessor can pay the taxes, a tax notice in someone else's name is a warning sign.
- Act before the period ends. Ask the occupant to leave in writing, and if they don't, sue. In Connecticut you can serve and record a notice disputing the possession to stop the clock.
If you are the one in possession: proving a claim
Title by adverse possession is usually confirmed in a quiet title lawsuit. Keep proof for every year of the period:
- Dated photos of the fence, building, garden or use, year by year.
- Tax receipts, if you paid the property taxes, and any return filed with the property appraiser.
- The deed or other document you hold, even if it is defective.
- Statements from neighbours who saw you use the land as your own.
- Survey showing exactly what you possess.
- Proof that no one gave you permission and that the owner never sued or entered.
Do I need a real estate lawyer?
Adverse possession cases turn on facts and on exact dates, and a quiet title suit or an ejectment case is a full lawsuit. Talk to a real estate lawyer or legal aid if you are about to sue or be sued over land, if a squatter refuses to leave, or before you build or sell near a disputed line.
Common questions
How long do you have to live on a property to own it?
It depends on the state: from 3 years to 21 years in the states on this page. Texas and New York require 10 years, Florida 7, Virginia 15 and Maryland 20, and the possession must be open, continuous, exclusive and without permission the whole time.
What are squatters' rights?
Squatters have no right to stay just because they moved in. A squatter becomes an owner only after holding the land openly, continuously and without permission for the full adverse possession period, often with taxes paid. Until then the owner can have them removed through the police, a fast sheriff process where the state has one, or a court case.
Do you have to pay property taxes for adverse possession?
In some states. In Florida, a possessor without a deed must pay the taxes within 1 year of moving in and keep paying them. In Texas and Arizona, paying the taxes is part of a 5-year route with a recorded deed. New York, Virginia and Maryland do not require it.
What is color of title?
A deed or other written title that looks valid but has a defect, for example a document that was never properly recorded. In Texas and Arizona, color of title shortens the period to 3 years, and in states such as New York it lets the claim cover all the land the document describes.
Can a neighbour take my land with a fence?
Only if every element is met for the whole period, and states treat small encroachments differently: New York treats fences, hedges and sheds that cross the line by a little as permitted, not adverse. A survey and, if you agree to the use, a written permission letter protect you.
How do I remove a squatter?
Call the police first, and do not use force or change the locks yourself. Some states have a fast process through the sheriff for homes; otherwise the owner files an eviction-type case for unlawful detainer or an ejectment action.
Can you claim adverse possession against the government?
Often not. In Missouri, for example, no limitation runs against land belonging to the state or put to public use. Check your state's statute.
What is a quiet title action?
A lawsuit that asks a court to declare who owns a property. A possessor uses it to confirm title by adverse possession, and an owner uses it to clear a cloud on the title.
Official sources
- California: Cal. Code Civ. Proc. § 325 (elements as stated in CACI No. 4900, 2026 edition) courts.ca.gov
- Civil Jury Instructions page (links the 2026 CACI PDF) courts.ca.gov
- Texas: Tex. Civ. Prac. & Rem. Code § 16.026 tcss.legis.texas.gov
- Florida: Fla. Stat. §§ 95.12, 95.18 (2026) flsenate.gov
- Florida: Fla. Stat. § 95.16(1) (2026) flsenate.gov
- Fla. Stat. § 95.12 (2026) flsenate.gov
- Fla. Stat. ch. 95 (2026), incl. § 95.191 flsenate.gov
- New York: N.Y. CPLR 212(a); RPAPL § 501 nysenate.gov
- New York: RPAPL §§ 501, 511, 521 nysenate.gov
- New York: RPAPL §§ 511, 521 nysenate.gov
- RPAPL § 521 nysenate.gov
- RPAPL § 543 nysenate.gov
- Pennsylvania: Pennsylvania case law (Recreation Land Corp. v. Hartzfield, 947 A.2d 771 (Pa. Super. 2008), as quoted in Zaloga v. Borough of Moosic, M.D. Pa. 2011); statute 42 Pa.C.S. § 5530 NOT read on a .gov page govinfo.gov
- Pennsylvania: null govinfo.gov
- Illinois: 735 ILCS 5/13-101 (as applied in Brandhorst v. Johnson, 2014 IL App (4th) 130923) illinoiscourts.gov
- Illinois: 735 ILCS 5/13-109 (quoted in Stewart v. JPMorgan Chase Bank, N.D. Ill. No. 1:18-cv-07584, July 26, 2021) govinfo.gov
- Vulcan Lands, Inc. v. Chicago Title & Trust Co., N.D. Ill. No. 1:07-cv-06263, Doc. 34 (May 13, 2008) govinfo.gov
- Ohio: Ohio Rev. Code § 2305.04 (quoted in Leffel v. Village of Casstown, S.D. Ohio No. 3:17-cv-79, Report and Recommendations, Oct. 17, 2017) govinfo.gov
- Ohio: Grace v. Koch, 81 Ohio St.3d 577 (1998), via Andrews v. Columbia Gas (6th Cir. 2008) govinfo.gov
- Columbia Gas Transmission Corp. v. Ally, N.D. Ohio No. 1:04-cv-1338, Doc. 60 (Aug. 28, 2006) govinfo.gov
- Georgia: O.C.G.A. § 44-5-163 (quoted in Jackson v. United States, Fed. Cl. Nos. 14-397L, 15-194L, Nov. 20, 2017) govinfo.gov
- Georgia: O.C.G.A. § 44-5-164 (as described in Hardy v. United States, Fed. Cl. No. 14-388L, Nov. 28, 2016) govinfo.gov
- North Carolina: Mobley v. Griffin, 10 S.E. 142 (N.C. 1889), as quoted in Bevirt v. United States (Fed. Cl. 2025); statutes G.S. 1-38 and 1-40 NOT read on a .gov page govinfo.gov
- State of North Carolina v. Alcoa Power Generating, Inc., 4th Cir. No. 15-2225 (May 3, 2017) govinfo.gov
- Michigan: MCL 600.5801(4) (quoted in Marlette Auto Wash, LLC v Van Dyke SC Props, LLC, 501 Mich 192 (2018)) courts.michigan.gov
- Firman v Santos, Mich. Ct. App. No. 375326 (unpublished, Oct. 9, 2026) courts.michigan.gov
- Sanger v Clements, Mich. Ct. App. No. 375482 (unpublished, Sept. 11, 2026) courts.michigan.gov
- Virginia: Va. Code § 8.01-236 law.lis.virginia.gov
- Washington: RCW 4.16.020 (cited in Ofuasia v. Smurr, No. 48145-6-II, Wash. Ct. App. 2017, published) courts.wa.gov
- Washington: RCW 7.28.070 (quoted in Neighbors v. King County, No. 79492-2-I, Wash. Ct. App. 2020, published) courts.wa.gov
- Lebleu v. Aalgaard, Wash. Ct. App. Div. III No. 32908-9-III (Mar. 24, 2016, published) courts.wa.gov
- Beres v. United States, Fed. Cl. No. 03-785L et al., Doc. 293 (Apr. 16, 2019) govinfo.gov
- Arizona: A.R.S. § 12-526 azleg.gov
- Arizona: A.R.S. § 12-525 azleg.gov
- Arizona: A.R.S. § 12-523 azleg.gov
- A.R.S. § 12-521 (definitions) azleg.gov
- A.R.S. § 12-522 azleg.gov
- Maryland: Md. Code, Cts. & Jud. Proc. § 5-103 mgaleg.maryland.gov
- Missouri: RSMo § 516.010 revisor.mo.gov
- Missouri: RSMo § 516.040 revisor.mo.gov
- RSMo § 516.090 revisor.mo.gov
- RSMo § 516.030 revisor.mo.gov
- Minnesota: Minn. Stat. § 541.02 revisor.mn.gov
- South Carolina: S.C. Code § 15-67-210 scstatehouse.gov
- Connecticut: Conn. Gen. Stat. § 52-575(a) cga.ct.gov
- Colorado: Colo. Rev. Stat. § 38-41-101(1) (cited in Robinson v. Oil Shale Corp., D. Colo. 2018) govinfo.gov
- DeJean v. Grosz, 10th Cir. No. 14-1490 (Apr. 19, 2016) govinfo.gov
- Tennessee: Cumulus Broadcasting, Inc. v. Shim, 226 S.W.3d 366 (Tenn. 2007), as quoted in Bourque v. Bank of America (M.D. Tenn. 2018) govinfo.gov
- Paris v. Walker (In re ...), Bankr. E.D. Tenn. Adv. No. 1:15-ap-01078, Doc. 138 (Apr. 3, 2017) govinfo.gov
- Fla. Stat. § 82.036: removal of unauthorized persons from residential property flsenate.gov
- Fla. Stat. § 806.13: criminal mischief (squatting damage) flsenate.gov
- Fla. Stat. § 82.03: possession actions for unlawful entry and detention flsenate.gov
- Texas Property Code, Chapter 24B: removal of unauthorized persons (SB 1333, 2025) statutes.capitol.texas.gov
- Texas Penal Code, Chapter 32: fraudulent leases and deeds (§§ 32.56, 32.57) statutes.capitol.texas.gov
- Georgia HB 1017 (2024), Squatter Reform Act, as signed gov.georgia.gov
- N.Y. RPAPL § 711: a tenant does not include a squatter nysenate.gov
- N.Y. RPAPL § 713: summary proceedings without a landlord-tenant relationship nysenate.gov
- N.Y. Penal Law § 140.15: criminal trespass in the second degree nysenate.gov
- Cal. Penal Code § 602.5: entering a dwelling without consent leginfo.legislature.ca.gov
- Cal. Code Civ. Proc. § 1160: forcible detainer leginfo.legislature.ca.gov
- A.R.S. § 12-1173: forcible detainer, including the 2026 route for unauthorized occupants azleg.gov
- A.R.S. § 13-1504: criminal trespass in the first degree azleg.gov
- Utah Code § 78B-6-817: removal of trespassers by law enforcement le.utah.gov
- Utah Code § 76-6-106.2: damage by unlawful occupants le.utah.gov
- Utah Code § 78B-6-801: forcible entry and detainer definitions le.utah.gov
- West Virginia HB 2434 (2025), Stop Squatters Act, enrolled wvlegislature.gov
- La. R.S. 14:63: criminal trespass, squatters legis.la.gov
- La. Code Civ. Proc. art. 4702: notice to vacate legis.la.gov
Related
This page explains the law in general terms. It is not legal advice about your situation. Justice is not a law firm and is not affiliated with any court or government agency.