Squatters’ rights and adverse possession in Nebraska create real risks for landlords. Picture someone quietly moving into a vacant Omaha home, changing the locks, and claiming the right to stay. Months might pass before the owner notices, leading to a stressful, costly legal battle.
Fortunately, landlords can easily protect themselves against squatters. In this article, we’re going over how Nebraska law defines squatters, timelines for adverse possession, and lawful removal steps. Keep reading to learn more.
What is a squatter?
A squatter occupies a property without the owner’s permission or a valid lease agreement. Squatters never sign rental paperwork, obtain legal authorization, or pay rent, yet they may still attempt to obtain certain rights through an extended, unauthorized occupancy.
Consider someone who moves into an unoccupied Lincoln duplex, brings in furniture, and starts receiving mail there. The owner never approved the stay, the person pays no rent, and no lease exists, which clearly classifies the occupant as a squatter under Nebraska law.
Key Differences Between Squatters and Trespassers
Landlords must understand the differences between squatters and trespassers to choose the appropriate legal response.
Squatters
- Move into and occupy a property long-term without permission
- Attempt to establish occupancy or ownership claims over time
- Can only be removed via the formal eviction process
Trespassers
- Enter the property without permission and leave soon after
- Do not attempt to pursue ownership or long-term occupancy rights
- Can be removed immediately by law enforcement.
To sum it up, squatters stay and seek certain rights, while trespassers enter briefly and leave. That distinction determines whether landlords can remove the person immediately or must pursue an eviction.
What are squatters’ rights?
Squatters’ rights refer to the limited legal protections that unauthorized occupants can gain over time. Rather than a legitimate tenancy, squatters’ rights in Nebraska stem from adverse possession laws, which were originally enacted to encourage active property use.
In Nebraska, landlords cannot remove long-term occupants by force, changing the locks, or turning off utilities. Instead, you’ll have to act promptly and follow the formal eviction process to prevent squatters from establishing the right to claim your property.
Can a squatter actually claim legal rights to a property?
As unbelievable as it might sound, squatters can claim limited legal rights to a property in Nebraska through adverse possession. The process requires strict proof and rarely succeeds, so consistent monitoring and fast action make it easy for landlords to prevent these claims.
Adverse Possession Laws in Nebraska
Adverse possession in Nebraska allows a squatter to acquire legal ownership of property by meeting a series of strict conditions. The process doesn’t automatically grant ownership and requires the squatter to prove that their residence meets all of the following conditions:
Actual: The squatter must physically use the property as an owner would, such as by living there, maintaining the structure, or making visible improvements.
Open and notorious: The occupation must remain obvious and visible, and cannot be concealed. Neighbors or the owner should be able to reasonably notice the squatter’s residency.
Hostile: The squatter must be on the property without the owner’s permission. Any consent, lease, or other rental agreement cannot exist.
Exclusive: The squatter must live on the property alone, without sharing possession with the owner, tenants, or other occupants.
Uninterrupted: The squatter must possess the property continuously for at least 10 years in Nebraska, with no extended absences.
Supporting law: Neb. Rev. Stat. § 25-202
Occupancy Time Requirements for Adverse Possession
To claim adverse possession in Nebraska, a squatter must occupy the property continuously for at least 10 years. If the squatter leaves the property or is discovered and evicted by the rightful owner, the clock resets, and the squatter has to build a new claim.
For example, a squatter who occupies a vacant Grand Island home for 4 years, then leaves for several months, cannot claim adverse possession. Nebraska law requires uninterrupted occupancy for all 10 years.
Supporting law: Neb. Rev. Stat. § 25-202
Does the squatter need to have a color of title to claim adverse possession?
Color of title refers to a written document that appears to transfer ownership but contains a legal defect. For instance, someone might purchase an improperly recorded deed to a Bellevue apartment, but later discover the sale was fraudulent.
Nebraska squatters do not need a color of title to claim adverse possession, and holding a color of title document does not shorten the required occupancy time period. However, a squatter may be able to use a color of title to help strengthen an adverse possession claim.
Supporting law: Neb. Rev. Stat. § 25-202
Does the squatter have to pay property taxes for adverse possession in Nebraska?
In many states, squatters must pay property taxes to claim adverse possession, but Nebraska is not one of them. Squatters only have to meet the conditions above and stay for all 10 years.
Like holding a color of title, paying property taxes also does not shorten the occupancy time requirement for adverse possession in Nebraska, though squatters may present payment records to support a claim. Landlords should stay current on all tax payments to prevent ownership disputes.
Supporting law: Neb. Rev. Stat. § 25-202
How to Legally Remove Squatters from Your Property
Removing a squatter requires landlords to follow Nebraska’s eviction procedures. If you discover an unauthorized occupant on your property, here’s what you’ll have to do:
Step 1: Attempt to Convince The Squatter to Leave Willingly
When it’s safe to do so, negotiating directly can resolve a squatter situation faster (and more cheaply) than court proceedings. You could offer a cash-for-keys agreement, set a firm move-out date, or involve a professional mediator to encourage the squatter to move out.
Important: Never attempt self-help eviction, such as lockouts or utility shutoffs. This practice is illegal nationwide and could result in fines, criminal charges, or a dismissal of an eviction case.
Step 2: Get in Touch With Local Law Enforcement
You can also ask local law enforcement to visit your property and speak with the occupant. Officers may classify the person as a trespasser rather than a squatter, and if they find no lawful grounds for squatters’ rights, police can often remove them immediately.
Step 3: Serve the Squatter a 5-Day Notice to Quit
If law enforcement cannot remove the occupant, then you’ll have to evict the squatter as if they were a tenant. You’ll start by serving a formal 5-Day Notice to Quit, which demands that the squatter leave your property before you file for an eviction.
Step 4: File a Complaint for Forcible Entry and Detainer Against the Squatter
If the notice deadline passes and the squatter still hasn’t left, file a Complaint for Forcible Entry and Detainer with the Nebraska county court where your property is located. This filing officially initiates the Nebraska eviction process and sets a court hearing date.
Step 5: Present Your Case in Front of a Judge
Bring clear evidence of squatting to strengthen your case before the judge and prove the squatter’s unlawful occupancy. Documentation often includes:
- Proof of ownership, such as a legally recorded deed in your name
- Photos or videos showing unauthorized occupancy
- Utility records from the squatter’s occupation
- Witness statements from neighbors and law enforcement
The squatter will also get the chance to defend themselves. They may show a color of title, property tax payment records, or proof of long-term occupancy. The judge will then weigh both sides and determine who should have possession of the property.
Step 6: Obtain a Writ of Restitution, Authorizing Removal of the Squatter
Assuming that all goes well and the judge sides with you, the court enters a Judgment for Possession. You’ll have to next request a Writ of Restitution from the court, directing the county sheriff or constable to complete the eviction and restore possession to you.
The sheriff will handle service, posting, and removal of the squatter. Sheriffs generally must execute and return the Writ within a short window, often up to 10 days after the Writ was first issued. The squatter can appeal the decision within 30 days of judgment.
Step 7: Coordinate Removal of the Squatter With Local Law Enforcement
The Writ of Restitution allows law enforcement to physically remove the squatter and restore possession to you. If the squatter leaves behind any personal belongings, you’ll have to store them for at least 7 days and notify the squatter before disposing of or selling them.
After the squatter has been removed, secure your property immediately by changing the locks and planning frequent inspections. These steps help landlords prevent repeat squatter situations.
With the eviction process complete, let’s take a look at some tips to prevent squatters from occupying your property in the first place.
Tips for Preventing Squatters from Occupying Your Property
The best way to stop squatters is to prevent unauthorized occupancy from the start. Active oversight, quick responses, and smart property management practices all reduce the risk of squatting.
Inspect the property regularly: Visit vacant properties often to show active ownership and spot early signs of forced entry or occupancy.
Install security cameras: Visible cameras deter squatters and create proof of trespassing. If a squatting case goes to court, you can also use the footage as evidence.
Act quickly against trespassers: As soon as someone enters your property without permission, contact law enforcement immediately. Quick action prevents trespassers from staying long enough to claim squatter status.
Secure all entry points: Lock doors and windows, repair broken fencing, and board any unused access points. Strong physical security reduces squatters’ access to your property.
Maintain the property: Keep the lawns trimmed, visit often to collect the mail, and promptly address any repairs. A well-maintained property looks occupied, which discourages squatters.
Fill vacancies quickly: Advertise your rental property easily with tools like TurboTenant, so you can shorten vacancy periods and limit squatters’ opportunities.
Screen future tenants thoroughly: Always verify a potential tenant’s income, rental history, and identity before handing over the keys. Careful tenant screening helps ensure only qualified tenants occupy your property.
Digital Tools to Help Landlords Thwart Squatters
With the right approach, landlords can easily navigate squatters’ rights and adverse possession in Nebraska, defending their properties through preparation and action.
Property management software, like TurboTenant, helps owners track vacancies, store documents, and respond to threats before squatters gain a foothold.
Protect your rentals with TurboTenant and simplify property management. Create your free account today to stay organized and ahead of risks.
FAQs: Squatters’ Rights & Adverse Possession Laws in Nebraska
How long does it take a squatter to claim property rights in Nebraska?
In Nebraska, a squatter must continuously occupy a property for 10 years to pursue adverse possession, and any break in occupation resets the clock. Their residence must also be actual, open, hostile, and exclusive. Holding a color of title and paying property taxes do not shorten the occupancy time requirement.
Can landlords remove squatters legally without taking legal action?
Landlords can remove unauthorized occupants without taking legal action if law enforcement determines that the person is a trespasser, not a squatter. However, if the occupant has established a long-term occupancy, landlords must follow the Nebraska eviction process and obtain a Writ of Restitution for removal.
What’s the difference between a squatter and a holdover tenant?
A squatter enters and stays in a property without permission or a lease. Meanwhile, a holdover tenant originally holds a valid lease and remains after it expires. The previous landlord-tenant relationship allows holdovers to retain some limited tenant rights, but squatters have no such protections.
Can a landlord turn off power or change locks to remove a squatter?
No, because Nebraska law prohibits all self-help eviction methods, including shutting off utilities, changing locks, or using force. These actions can lead to fines, lawsuits, or delays in eviction, so landlords must follow the court-ordered eviction process to legally and safely remove a squatter.