Squatters’ rights and adverse possession in Indiana can cause significant problems for landlords. These laws, for example, could allow someone to settle into a vacant duplex and claim the right to stay (or even take over) the property. Landlords must act quickly so unauthorized occupants can’t gain a claim to possession.
In this guide, we’ll explore how Indiana defines squatters, the requirements for adverse possession, and the measures you can take to defend your properties. Keep reading to learn how you can protect your rental investments and stop squatters in their tracks.
What is a squatter?
A squatter is someone who moves into a property without the owner’s permission or a valid lease agreement. Despite having no right to be there, squatters act like lawful occupants and, like tenants, can only be removed through eviction.
Imagine someone slipping into a vacant apartment in Bloomington and settling in for weeks. They change the locks, bring in furniture, and ignore every request to leave. Their lack of permission and any rental contract clearly makes them a squatter under Indiana law.
Key Differences Between Squatters and Trespassers
Although both squatters and trespassers enter a property without permission, landlords must understand how they differ. Here are the basics:
Squatters
- Move into a property and stay for long periods of time without consent or a lease.
- Attempt to establish long-term control of the property.
- Force property owners to start a formal eviction case for removal.
Trespassers
- Enter a property without permission, but typically leave quickly.
- Do not try to establish a claim to ownership or long-term residency.
- Law enforcement can typically remove trespassers right away.
Squatters settle into a property and require a legal eviction to be removed, while trespassers spend only brief periods on a property and can be removed on the spot by law enforcement.
What are squatters’ rights?
Squatters’ rights stem from Indiana’s adverse possession laws. These rights consist of limited legal protections that someone acquires by living on a property without permission for an extended period.
Naturally, these laws create real challenges if someone settles into your rental property and refuses to leave. Long-term, unauthorized occupancy can strengthen a squatter’s position, so you’ll have to act quickly to deter any unwanted residents.
Can a squatter actually claim legal rights to a property?
As unbelievable as it sounds, squatters can claim legal rights to an Indiana property through adverse possession. The process takes time and requires strict proof, however, so landlords can easily protect their rentals and prevent squatters from even coming close to claiming their properties.
Adverse Possession Laws in Indiana
After living on a property for a specific period, squatters can claim the property through adverse possession. For a squatter to qualify for an adverse possession claim, their residence must also be:
Actual: The squatter must move onto a property and treat it as an owner would, such as by making repairs or receiving mail.
Open and notorious: The squatter must conduct their residence in such a manner that any reasonable owner or neighbor could notice.
Hostile: The squatter must occupy the property in violation of the original owner’s rights and without permission to stay.
Exclusive: The squatter must hold the property in sole ownership and cannot share it with the owner or any other squatters.
Continuous: In Indiana, the squatter must live on the property for at least 10 continuous years, with no interruptions or breaks.
Supporting law: IN Code § 34-11-2-11, § 32-21-7-1
Occupancy Time Requirements for Adverse Possession
To claim a property via adverse possession in Indiana, a squatter must reside on the property without authorization for at least 10 continuous years. Any break in occupancy resets the 10-year timer and wipes out any chance the squatter can build a valid claim.
For example, a squatter who moves into an Evansville duplex for only 4 years before being evicted holds no path toward a legitimate adverse possession claim under Indiana law.
Supporting law: IN Code § 34-11-2-11
Does the squatter need to have a color of title to claim adverse possession?
Color of title refers to an ownership document that appears valid but is legally flawed. For example, someone might purchase an invalid deed to a home in South Bend, only to learn later that the document is worthless because it was issued by an unauthorized seller.
Indiana does not require squatters to hold a color of title to claim adverse possession, nor does color of title shorten the occupancy time requirement. Instead, squatters must prove 10 years of continuous occupancy and pay all property taxes.
Supporting law: IN Code § 34-11-2-11, § 32-21-7-1
Does the squatter have to pay property taxes for adverse possession in Indiana?
To claim adverse possession of a property in Indiana, a squatter must pay all property taxes and assessments that they reasonably believe to be due. This applies for the entire duration of the squatter’s 10-year residence.
Paying property taxes, however, does not shorten Indiana’s 10-year occupancy requirement. Landlords must stay current on all tax payments to both avoid liens and prevent squatters from gaining support for an adverse possession claim.
Supporting law: IN Code § 32-21-7-1
How to Legally Remove Squatters from Your Property
If you discover a squatter living on your property, you’ll need to act quickly to prevent them from establishing a long-term residency or, even worse, claiming adverse possession. Here’s how:
Step 1: Attempt to Convince The Squatter to Leave Willingly
If you feel safe to do so, consider speaking directly with the squatter to resolve the issue. You could agree upon a precise move-out date, provide relocation assistance, or offer a cash-for-keys agreement to avoid a lengthy and costly eviction.
Important: You should never attempt to physically remove the squatter yourself. Self-help eviction is illegal in all 50 states and can lead to fines or even criminal charges.
Step 2: Get in Touch With Local Law Enforcement
Ask local law enforcement to visit your property and speak with the occupant. Officers might determine that the person is a trespasser rather than a squatter. If there’s clear evidence of trespass, law enforcement can remove the individual from your Indiana rental immediately.
Step 3: Serve the Squatter a 10-Day Notice to Quit
If law enforcement cannot remove the squatter, you’ll have to start a formal eviction. Serve a 10-Day Notice to Quit, ordering the squatter to leave or face a court case. You can learn more about this process by learning how to remove a squatter.
Step 4: File a Complaint for Eviction Against the Squatter
If the notice deadline passes and the squatter still won’t leave, file a Complaint for Eviction with the local Indiana trial court in the same county as your rental. Doing so starts the Indiana eviction process and sets a court hearing date.
Step 5: Present Your Case in Front of a Judge
When your court date arrives, you’ll need to bring solid evidence of the squatter’s unauthorized residence and your rightful ownership to convince the judge. Common evidence includes:
- Photos or videos showing unauthorized entry to your property
- Witness statements from neighbors or contractors
- Utility bills in your name
- Property tax records and other ownership documents
At the hearing, the squatter can present their own evidence, including a color of title or proof of long-term occupancy. Come prepared to counter each argument and show the judge that the person holds no right to stay in your Indiana rental.
Step 6: Obtain a Writ of Possession, Authorizing Removal of the Squatter
If the judge sides with you, the court issues a Judgment of Possession, which allows you to request a Writ of Possession. This writ authorizes the county sheriff, not the landlord, to remove the squatter and return control of the rental.
The squatter has 10 days to appeal the Judgment of Possession, but after the court issues the writ, the sheriff schedules removal in accordance with local county procedures. Law enforcement typically gives the squatter 48 to 72 hours to leave the property before returning to remove them.
Step 7: Coordinate Removal of the Squatter With Local Law Enforcement
The Writ of Possession grants the sheriff authority to remove the squatter and return control of the rental to you. Landlords must store any abandoned belongings for 90 days and give the squatter a chance to reclaim them, so don’t immediately remove left behind items.
Once you regain possession, secure your property quickly to prevent future squatters. Strong locks, routine check-ins, and clear “No Trespassing” signs could help you avoid another squatting situation.
Now that you know how to remove squatters from your Indiana rental, let’s take a look at some other practical tips for protecting your property.
Tips for Preventing Squatters from Occupying Your Property
The best way to stop squatters is to keep them from moving into your property in the first place. Use these practical tips to protect your rentals:
Inspect the property regularly: Drop by often, especially during vacant periods, to check for signs of damage or unauthorized occupancy, both inside and out.
Install security cameras: Place visible cameras at entry points and in common areas to deter squatters and capture evidence of unauthorized entry.
Act quickly against trespassers: If you spot signs of unauthorized occupancy, call law enforcement right away to remove trespassers before they can settle in and claim squatters’ rights.
Secure all entry points: Lock all doors, windows, and other access points with strong hardware to deter squatters seeking an easy target.
Maintain the property: Keep the property’s exterior and interior well-maintained, including yards and mailboxes, to signal active ownership and frequent visits.
Fill vacancies quickly: Short rental vacancies leave less opportunity for intruders, so advertise your rental properties across dozens of listing sites.
Screen future tenants thoroughly: Before handing over the keys to your next tenant, you should always screen for eviction, credit, and criminal history to ensure you’re renting to trustworthy individuals.
You can use these steps to protect your rentals from squatters at every turn. Last but not least, there’s one more thing you should know about Indiana squatters’ rights.
Digital Tools to Help Landlords Thwart Squatters
By now, you should have a good idea of how to handle squatters’ rights and adverse possession in Indiana. Though these laws can certainly pose a threat to landlords, you have plenty of tools at your disposal to protect your rental properties.
You can also use reliable property management software to track vacancy rates and keep a close eye on your rentals, no matter where you are.
Create your free TurboTenant account today to manage your rentals with more control and less stress.
FAQs: Squatters’ Rights & Adverse Possession Laws in Indiana
How long does it take a squatter to claim property rights in Indiana?
Squatters must occupy a property for 10 continuous years to claim property rights in Indiana. They must also keep their use open, obvious, exclusive, and hostile. Additionally, squatters have to pay property taxes and assessments in good faith for all 10 years.
Can landlords remove squatters legally without taking legal action?
No, landlords cannot remove squatters without legal action. Though law enforcement can remove trespassers on the spot, landlords must complete an Indiana eviction to remove squatters from their property, as self-help evictions are illegal in all 50 states.
What’s the difference between a squatter and a holdover tenant?
A squatter moves into a property without permission or any rental contract, while a holdover tenant originally held a valid lease, but refuses to leave after it expires. Landlords in Indiana must follow standard eviction procedures to remove both holdover tenants and squatters.
Can a landlord turn off power or change locks to remove a squatter?
No. Indiana prohibits all forms of self-help eviction, including shutting off utilities, changing locks, or removing belongings. These actions can lead to civil penalties and criminal charges for landlords and may even strengthen a squatter’s legal position. Only the sheriff can physically remove squatters.