Adverse Possession Laws by State
Adverse possession is a legal rule that can let a person gain title to land they do not own by occupying it openly for a long time. The owner's right to recover the land is limited by a statute of limitations. If the owner does nothing until that period ends, the person in possession may be able to ask a court to recognize them as the new owner.
50 states and DC compared. Last checked .
At a glance
- Standard period: range
- 5 years to 30 years
- Across the 51 jurisdictions with a single statewide figure.
- With color of title: range
- 3 years to 30 years
- Across the 37 jurisdictions with a single statewide figure.
- Property taxes required
- 20 of 46
- States and DC where the answer is yes or yes in some cases.
- Squatter removal law
- 20 of 21
- States and DC where the answer is yes.
Compare adverse possession laws
Each state sets its own waiting period and conditions. Some shorten the period when the occupant holds a deed or other written claim to the land (called color of title) or pays the property taxes. Some states have also passed laws that let owners remove unauthorized occupants, often called squatters, through a faster process than a regular eviction.
51 of 51 shown
| Sources | |||||
|---|---|---|---|---|---|
| ALAlabama | 10 years | 10 years (one of three routes) | Only as one of three routes | Yes, affidavit to law enforcement (2024) | |
| AKAlaska | 10 years (good faith boundary mistake) | 7 years | No | Not listed | |
| AZArizona | 10 years | 3 years | Only for the 5-year route | Yes, expedited court action (2026) | |
| ARArkansas | 7 years | 7 years (color of title required) | Yes | Yes, unlawful squatting crime (2025) | |
| CACalifornia | 5 years | 5 years (same period) | Yes | Not listed | |
| COColorado | 18 years | 7 years (with taxes paid) | Only for the 7-year route | Yes, expedited court order | |
| CTConnecticut | 15 years | Not listed | Not listed | Not listed | |
| DEDelaware | 20 years | Not listed | Not listed | Not listed | |
| DCDistrict of Columbia | 15 years | Not listed | Not listed | Not listed | |
| FLFlorida | 7 years | 7 years (same period) | Only without color of title | Yes, sheriff removal on complaint (2024) | |
| GAGeorgia | 20 years | 7 years | No | Yes, intruder affidavit and squatting crime (2024) | |
| HIHawaii | 20 years | Not listed | Not listed | Not listed | |
| IDIdaho | 20 years | 20 years (same period) | Yes | Yes, sheriff removal on complaint (2025) | |
| ILIllinois | 20 years | 7 years (with taxes paid) | Only for the 7-year route | Yes, police removal for trespass (2026) | |
| INIndiana | 10 years | Not listed | Yes | Yes, affidavit to law enforcement (2025) | |
| IAIowa | 10 years | Not listed | Not listed | Not listed | |
| KSKansas | 15 years | Not listed | No | Yes, affidavit to law enforcement (2026) | |
| KYKentucky | 15 years | 7 years | No | Yes, police removal on owner petition (2025) | |
| LALouisiana | 30 years | 10 years | No | Yes, squatters covered by trespass law | |
| MEMaine | 20 years | 20 years (same period) | Only for some uncultivated land | Not listed | |
| MDMaryland | 20 years | Not listed | No | Yes, expedited wrongful detainer action | |
| MAMassachusetts | 20 years | Not listed | No | Not listed | |
| MIMichigan | 15 years | 5 to 10 years for certain deeds | No | Not listed | |
| MNMinnesota | 15 years | Not listed | Yes, 5 consecutive years | Not listed | |
| MSMississippi | 10 years | Not listed | No | No | |
| MOMissouri | 10 years | 10 years (same period) | No | Yes, verified petition and court order (2024) | |
| MTMontana | 5 years | 5 years (same period) | Yes | Yes, unlawful squatting offense (2025) | |
| NENebraska | 10 years | Not listed | No | Not listed | |
| NVNevada | 5 years | 5 years (same period) | Yes | Yes, notice and court order process | |
| NHNew Hampshire | 20 years | Not listed | No | Not listed | |
| NJNew Jersey | 30 years | 30 years (same period) | No | Not listed | |
| NMNew Mexico | 10 years | 10 years (color of title required) | Yes | Not listed | |
| NYNew York | 10 years | 10 years (same period) | No | Yes, squatters excluded from tenant protections | |
| NCNorth Carolina | 20 years | 7 years | No | Yes, expedited removal proceeding (2025) | |
| NDNorth Dakota | 20 years | 10 years (with taxes paid) | Only for the 10-year route | Not listed | |
| OHOhio | 21 years | 21 years (same period) | No | Not listed | |
| OKOklahoma | 15 years | 15 years (same period) | No | Yes, sheriff removal (2024) | |
| OROregon | 10 years | 10 years (same period) | No | Not listed | |
| PAPennsylvania | 21 years | 21 years (same period) | No | Not listed | |
| RIRhode Island | 10 years | 10 years (same period) | No | Not listed | |
| SCSouth Carolina | 10 years | 10 years (same period) | No | Not listed | |
| SDSouth Dakota | 20 years | 10 years (with taxes paid) | Only for the 10-year route | Not listed | |
| TNTennessee | 7 years | 7 years (recorded title required) | No | Not listed | |
| TXTexas | 10 years | 3 years | Only for the 5-year route | Not listed | |
| UTUtah | 7 years | 7 years (same period) | Yes | Not listed | |
| VTVermont | 15 years | 15 years (same period) | No | Not listed | |
| VAVirginia | 15 years | 15 years (same period) | No | Not listed | |
| WAWashington | 10 years | 7 years (with taxes paid) | Only for the 7-year route | Yes, owner declaration to police | |
| WVWest Virginia | 10 years | 10 years (same period) | No | Not listed | |
| WIWisconsin | 20 years | 10 years | Only for the 7-year route | Not listed | |
| WYWyoming | 10 years | 10 years (same period) | No | Not listed |
General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.
What this means in practice
Courts usually require possession that is actual, open, continuous, exclusive and hostile (without the owner's permission) for the full statutory period. The person claiming the land generally has to prove each element, and courts read these requirements strictly.
Owners can protect themselves by inspecting vacant or rural land regularly, keeping boundary lines marked, and responding quickly to fences, buildings or other uses that cross the line. Written permission, such as a simple license or lease, can make a neighbor's use permissive instead of hostile.
Adverse possession does not usually transfer title automatically. The occupant often needs a court judgment, such as in a quiet title action, before the new ownership can be recorded. Boundary disputes between neighbors are often settled with a survey and a recorded deed instead of a lawsuit.
Adverse Possession Laws: state by state
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
Frequently asked questions
What is adverse possession?
Adverse possession is a rule that can give title to someone who openly occupies another person's land for the period set by state law, without the owner's permission. The owner's right to sue for the land expires at the end of that period.
Are squatters' rights the same as adverse possession?
The terms are often used together, but they are not the same. A person who has just moved into an empty home usually has no claim to title. Adverse possession only matters after the full statutory period has run and the other conditions are met.
What does color of title mean?
Color of title means the occupant holds a document, such as a deed or will, that appears to give them ownership but is legally defective. Some states shorten the possession period for occupants with color of title.
Does paying property taxes give me ownership?
Paying taxes on land does not by itself make you the owner. In some states, paying taxes is a required element of an adverse possession claim or shortens the waiting period, but possession and the other elements still have to be proven.
Can adverse possession be used against government land?
Generally, land owned by federal, state or local government cannot be acquired by adverse possession. State law decides which public lands are protected and whether any exceptions apply.
Which states have the highest and lowest standard period?
Among the 51 jurisdictions with a single statewide figure, standard period ranges from 5 years (California, Montana and Nevada) to 30 years (Louisiana and New Jersey). The most common figure is 10 years (17 jurisdictions). Check each state's page for exceptions.
Which states have the highest and lowest with color of title?
Among the 37 jurisdictions with a single statewide figure, with color of title ranges from 3 years (Arizona and Texas) to 30 years (New Jersey). The most common figure is 10 years (13 jurisdictions). Check each state's page for exceptions.
Property taxes required: which states say yes?
Of the 46 jurisdictions we checked, the answer is yes in 9 jurisdictions, in some cases in 11, no in 26. Yes: Arkansas, California, Idaho, Indiana, Minnesota, Montana, Nevada, New Mexico and Utah. In some cases: Alabama, Arizona, Colorado, Florida, Illinois, Maine, North Dakota, South Dakota, Texas, Washington and Wisconsin.
Squatter removal law: which states say yes?
Of the 21 jurisdictions we checked, the answer is yes in 20 jurisdictions, no in 1. Yes: Alabama, Arizona, Arkansas, Colorado, Florida, Georgia, Idaho, Illinois, Indiana, Kansas, Kentucky, Louisiana, Maryland, Missouri, Montana, Nevada, New York, North Carolina, Oklahoma and Washington.