What happens if you buy a house with squatters?

Asked by: Roderick Konopelski  |  Last update: January 28, 2026
Score: 4.5/5 (28 votes)

If you buy a house with squatters, you generally must go through a formal, legal eviction process, as illegal "self-help" evictions (like changing locks or shutting off utilities) are prohibited and can lead to legal trouble for you, despite the squatters being trespassers. The process involves contacting a lawyer, filing a lawsuit or eviction, and potentially getting a court order for police removal, though it can be time-consuming and costly, especially if the squatter claims adverse possession by meeting state-specific criteria like continuous, open, and hostile occupation for several years.

What happens if you buy a home with a squatter?

Generally, a homeowner has the right to remove a squatter from their property if they act within the boundaries prescribed by law. However, a squatter may be able to claim the property if they have been there for an extended period of time, which varies depending on the state.

Does the state of Mississippi have squatter rights?

Yes, Mississippi recognizes squatters' rights through the legal doctrine of adverse possession, allowing squatters to claim ownership if they meet strict criteria, primarily occupying the property continuously for 10 years and paying property taxes for at least 2 of those years, plus demonstrating other factors like open, exclusive, and hostile use, though recent legislation (HB 1200) aims to create faster removal processes for property owners. 

Are there squatter's rights in MA?

Yes, Massachusetts recognizes "squatters' rights" through the legal doctrine of adverse possession, allowing someone to claim ownership if they openly, continuously (for 20 years), exclusively, hostilely (without permission), and actually possess a property as if they were the owner. However, successfully gaining ownership is difficult, requiring strict adherence to these rules, but owners can legally remove squatters via eviction proceedings. 

Does VA have squatter's rights?

Yes, Virginia has squatters' rights, but they are tied to the legal concept of adverse possession, requiring a squatter to possess a property openly, continuously, exclusively, and without permission for a full 15 years and meet other strict conditions like having "color of title" (irregular ownership documentation) to potentially claim legal ownership. While squatting itself starts as trespassing, property owners must follow formal eviction processes, as they cannot use force to remove squatters who have established residency. 

When Serial Squatters Think Laws Don't Apply to Them

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How can I protect my VA property from squatters?

7 Ways to Prevent Squatters

  1. Make your property look lived in.
  2. Use Smart locks and security systems.
  3. Inform your local law enforcement about your property's vacancy.
  4. Don't make it obvious the house is for rent.
  5. Put up a “no trespassing” or “private property” sign.
  6. Put up a fence.
  7. Use property management.

What is the 21 day rule in Virginia?

The "Virginia 21-day rule" most commonly refers to Rule 1:1 of the Rules of the Supreme Court of Virginia, stating that trial court judgments can be modified, vacated, or suspended for only 21 days after entry, after which they become final and unchangeable, unless appealed or stayed. It also relates to a defendant's response time (within 21 days after service) and a landlord's 21/30 notice for lease violations, requiring tenants to fix issues within 21 days or face eviction. 

How to get a squatter out of your house without?

Serve a Notice of Eviction

A third party, such as a process server, can be used to serve the necessary written notice of eviction. Landlord-tenant laws often provide the occupant with a few days to willingly leave after being served. If they don't leave, the next step is to file the eviction with the court.

Can a neighbor claim my land by mowing it?

Mowing over the line, does not allow a claim of the property. You may need a local attorney to assist you. They may only claim the land with a court order.

How long does someone have to stay in your house to be considered living there?

There's no single universal time, as it depends on state laws, but generally, a guest becomes a tenant after 14 to 30 days, especially if they regularly sleep there, receive mail, or contribute to expenses; key factors include time (e.g., 14 days in 6 months in CA, 30 days in NY/PA/OH), actions (mail, ID, paying bills), and local regulations, with some states like Georgia defining it by contribution rather than time alone. 

What states are squatter friendly?

Squatters Can Legally Take Your Home In These 8 States

  • 1. California. California has long been one of the most squatter-friendly states due to its generous adverse possession laws. ...
  • Florida. ...
  • Texas. ...
  • New York. ...
  • Washington. ...
  • Illinois. ...
  • Colorado. ...
  • Oregon.

What to do if someone is trespassing on your property?

If someone is trespassing, prioritize safety: observe from afar, then calmly tell them to leave if it's safe; if they refuse, seem dangerous, or you feel threatened, call the police immediately, as you should never use force, which could get you into legal trouble, but instead rely on law enforcement to handle it. For repeat issues, post "No Trespassing" signs and consider legal action, like a cease and desist letter. 

Can I sell my house with a squatter in it?

If property owners are aware of any squatter activity and want to sell the home, they should take steps to evict the squatters through law enforcement. They must also ensure the property is thoroughly cleaned before real estate professionals, like you, or prospective buyers enter.

What's the quickest way to get someone out of your house?

The Landlord and Tenant Branch is eviction court, and you do not have to be a landlord to file a case to evict someone. You do not have to use the Landlord and Tenant Branch, but it is usually the fastest way to get a judgment to remove a person from your property.

Can a house guest become a squatter?

Trespassers can become squatters if they stay long enough and live on the property overtly. They must be evicted rather than immediately ejected by police. If squatters live in the property long enough, they can claim legal ownership of it.

How to scare away squatters?

Squatters often target properties that appear vacant for extended periods. To prevent this perception, create the illusion that someone is currently living in a vacant property. "Make the home look occupied with a car in the driveway and lights on timers that go on and off regularly," says Ailion.

Do squatters have rights in MS?

Yes, Mississippi recognizes squatters' rights through the legal doctrine of adverse possession, allowing squatters to claim ownership if they meet strict criteria, primarily occupying the property continuously for 10 years and paying property taxes for at least 2 of those years, plus demonstrating other factors like open, exclusive, and hostile use, though recent legislation (HB 1200) aims to create faster removal processes for property owners. 

Does landlord insurance cover squatters?

To help cover those costs, some insurance companies have started offering landlords specific coverage for squatting. Generally, this coverage helps cover a landlord's lost rental income; some policies may also cover the legal expense of evicting squatters.

Do squatters have to pay bills?

The possession must be “open and notorious,” and during these five years, these individuals, referred to as “squatters,” must act as a true owner, including paying utilities and property taxes.

What money can't be touched in a divorce?

Money that can't be touched in a divorce is typically separate property, including assets owned before marriage, inheritances, and gifts, but it must be kept separate from marital funds to avoid becoming divisible; commingling (mixing) these funds with joint accounts, or using inheritance to pay marital debt, can make them vulnerable to division. Prenuptial agreements or clear documentation are key to protecting these untouchable assets, as courts generally divide marital property acquired during the marriage.
 

What is the 120 hour rule in Virginia?

In Virginia, the 120-hour rule, part of the Uniform Simultaneous Death Act, means if two people die close together (within 120 hours/5 days), each is legally considered to have predeceased the other for inheritance purposes unless a will says otherwise, ensuring assets go to the next rightful heir rather than an estate that has already passed. It prevents complex situations, like life insurance paying out twice or assets going to someone who died moments later, by requiring clear proof of surviving by 120 hours to inherit, simplifying estate distribution. 

Can a landlord evict you immediately in Virginia?

Your landlord cannot evict you without a court order, no matter what your lease says. You do not have to move out just because the landlord tells you to leave, gives you written notice, or files an eviction lawsuit (“unlawful detainer”) against you. Your landlord must follow court procedure before evicting you.

How long before a debt becomes uncollectible in Virginia?

Statute of limitations

In Virginia, the deadline to sue for credit card debt is normally three years if there is no written contract and five if an adequate signed contract exists.