American homeowners should be especially careful in these states, where adverse possession can be claimed in as little as ten years.
In certain cases, an individual can take possession of your property if you meet specific requirements. The legal term for this is “adverse possession.”
As incidents of squatting proliferate in certain communities across the country, Fox News Digital investigated how people can obtain possession of private property under certain requirements, commonly known in the legal field as “adverse possession.”
Adverse possession can go hand in hand with squatting issues and is commonly known as “squatters’ rights”.“
With squatter stories emerging across the country, adverse possession has also come to light.
Abusive possession can occur intentionally, for example in the case of a squatter, or unintentionally. An example of involuntary adverse possession would be if a landowner puts up a fence to mark the boundaries of his property, but unknowingly crosses onto his neighbor’s land. The landowner who built the fence could later claim involuntary adverse possession of that land.
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Each state has different requirements for a person, such as a squatter, to obtain possession of land under adverse possession. Fox News Digital examined states with few requirements for squatters to claim rights to property.
State-to-state provisions on this law include factors such as how long the squatter has lived continuously on the property and whether they have paid taxes.
States like Maine and Massachusetts, for example, do not require a deed or taxes, but do require that the person have lived on the property for 20 years before adverse possession comes into play, according to MaineLegislature.gov and Mass .gov respectively.
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According to Iowa’s adverse possession laws, Iowa Code 560, et seq., a person only has to have continuous occupancy for five years before being eligible for ownership.
In California, if a person pays taxes on property they do not own and has lived on that property for five years, then adverse possession could be claimed, according to FindLaw.com.
Then, there are certain states where adverse possession laws require a squatter to live on the land for 10 years, without paying taxes or requiring a deed or similar documents. All homeowners should keep an eye on their properties to protect themselves from lengthy court battles with squatters, especially those in states that only require 10 years (or less) of continuous ownership.
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Mississippi is an example of one of these states. However, in Mississippi, a person must pay taxes for two of those 10 years, according to FindLaw.com.
Missouri, Nebraska, New York, Rhode Island, South Carolina, West Virginia and Wyoming are states that only require 10 years of occupancy before adverse possession can be claimed, according to legal information websites FindLaw and Nolo.
Each state has its own finer details about adverse possession. In Washington, for example, which is another one that requires a person to live on a property for only 10 years to possibly maintain legal ownership, although if you have a deed or have paid taxes, only seven years are required, according to WA. government.
Since each state has its own little stipulations, it is vital to check your state’s code or consult a legal professional to stay safe as a homeowner.
As a property owner, other ways to protect yourself are to clearly mark your boundaries. This can be done with fences or even large plants and trees. If necessary, “no trespassing” signs can also be helpful.
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Always monitor your property. If you are going out for a long period of time, ask a neighbor or family member to sign in. If you have a rental property, be sure to take steps to monitor it frequently.
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