Squatters’ rights and adverse possession in New Hampshire often catch landlords by surprise. For instance, imagine the chaos if an unauthorized occupant settles into a vacant Concord apartment and refuses to leave. What might seem like a trespassing problem can quickly become a huge legal headache.
Fortunately, landlords aren’t defenseless against squatters. Keep reading to learn how New Hampshire defines squatting, how adverse possession works, and practical steps to protect your property before the situation can escalate.
What is a squatter?
A squatter is someone who occupies property without the owner’s permission or a valid lease agreement. They never sign rental paperwork or obtain authorization, yet they still claim the right to stay, creating significant legal risks for New Hampshire landlords.
For example, someone might move into a vacant duplex after noticing that it’s sitting empty between tenants. They change the locks and refuse to leave when asked. Since they don’t have permission or a rental contract, New Hampshire law treats this occupant as a squatter.
Key Differences Between Squatters and Trespassers
Although both squatters and trespassers are unlawful occupants, landlords must know the difference between the two to respond appropriately. Here are the main differences between the two:
Squatters
- Occupy a property without consent and stay there for a long period
- Try to assert the right to long-term occupancy or ownership
- Require landlords to pursue an eviction in court
Trespassers
- Enter a property without permission and leave quickly
- Do not attempt to claim long-term use or ownership
- Law enforcement can remove trespassers on the spot
Understanding these distinctions helps landlords choose the correct response. The bottom line is that squatters trigger eviction requirements, whereas law enforcement officers can remove trespassers immediately.
What are squatters’ rights?
Squatters’ rights arise from adverse possession laws, which protect unauthorized occupants in certain cases. Squatters’ rights in New Hampshire do not automatically transfer property ownership, but they can complicate removal.
To thwart squatters’ rights attempts, New Hampshire landlords must pursue a formal, court-ordered eviction to regain control of their property from an unauthorized occupant. If you don’t act quickly enough, you could face delays that strengthen a squatter’s position and lead to further loss of rental income.
Can a squatter actually claim legal rights to a property?
Although it sounds unfathomable to many landlords, squatters can attempt to claim legal rights to property in New Hampshire under limited circumstances. The process demands strict proof and requires years of occupancy, though, so proactive property owners can always always prevent claims before they start.
Adverse Possession Laws in New Hampshire
Adverse possession in New Hampshire is the legal route a squatter can use to acquire ownership of property through long-term, unauthorized residence. However, adverse possession can only take place if the squatter can prove their residence meets the following conditions:
Actual: The squatter must physically use the property as an owner would, such as by living in the home, maintaining it, or making improvements. They can’t just visit and store belongings there.
Open and notorious: The squatter must occupy the property in a manner that is visible and open enough for the original owner to reasonably notice.
Hostile: The squatter must occupy the property without the owner’s permission and without a lease, in a manner hostile to the owner’s rights.
Exclusive: The squatter must occupy the property alone and cannot share it with the owner, tenants, or other residents.
Uninterrupted: The squatter must maintain continuous possession for 20 years in New Hampshire, without any extended absences or a successful eviction.
Supporting law: NH Rev Stat § 508:2
Occupancy Time Requirements for Adverse Possession
To claim adverse possession in New Hampshire, a squatter must occupy a property continuously and without interruption for at least 20 years. A successful eviction or break in occupancy resets the timer and requires a squatter to start their adverse possession claim from scratch.
For example, a squatter who occupies a vacant Conway home for 5 years, then leaves for several months, and later returns would not meet the 20-year occupancy time requirement. In this case, they would not have a valid adverse possession claim.
Supporting law: NH Rev Stat § 508:2
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 flaw, such as a mistakenly recorded or fraudulent deed to a New Hampshire property.
New Hampshire squatters do not need color of title to claim adverse possession, nor does color of title shorten the occupancy time requirement. Though documentation may help support a squatter’s claim, they must still be able to prove 20 years of continuous, hostile, open, exclusive, and actual possession.
Supporting law: NH Rev Stat § 508:2
Does the squatter have to pay property taxes for adverse possession in New Hampshire?
In many states, squatters must pay property taxes to claim adverse possession. However, New Hampshire does not have this requirement.
Paying property taxes also does not shorten the 20-year occupancy requirement for adverse possession in New Hampshire. Similar to having color of title, though, tax payments can strengthen a squatter’s claim, so landlords should always stay current on taxes to prevent ownership disputes.
Supporting law: NH Rev Stat § 508:2
How to Legally Remove Squatters from Your Property
Removing a squatter and regaining possession of a property in New Hampshire requires landlords to follow specific legal steps. Here are the steps you’ll need to take:
Step 1: Attempt to Convince The Squatter to Leave Willingly
If you feel comfortable doing so, negotiating a voluntary move-out can save you both time and stress. You could offer relocation assistance, set a clear move-out deadline, or use a cash-for-keys agreement to encourage the squatter to leave without an eviction.
Legal note: Never attempt self-removal methods, such as turning off the utilities, removing the squatter’s belongings, or changing the locks. Self-help evictions are illegal nationwide and can derail your eviction case.
Step 2: Get in Touch With Local Law Enforcement
Consider contacting local law enforcement and asking an officer to visit the property. If police speak with the occupant and determine the person qualifies as a trespasser rather than a squatter, they may remove them immediately, thereby allowing you to regain possession without a formal eviction.
Step 3: Serve the Squatter a 7-Day Notice to Quit
If law enforcement cannot remove the squatter, you must evict them as if they were a tenant. Start by serving the squatter with a 7-Day Notice to Quit, which formally requests that they vacate your property or face eviction proceedings in court.
Step 4: File a Landlord and Tenant Writ Against the Squatter
If the notice deadline passes and the squatter still occupies the property, file a Landlord and Tenant Writ in the New Hampshire district court of the county where your property is located. This sets a court hearing date and officially starts the New Hampshire eviction process.
Step 5: Present Your Case in Front of a Judge
When your court date arrives, bring clear evidence of squatting and your own lawful ownership. You can prove unauthorized occupancy and speed up the eviction process with documentation like the following:
- A recorded deed in your name
- Photos or videos showing the squatter’s unauthorized presence on your property
- Written records of prior communication attempts
- Witness statements from neighbors, law enforcement, or contractors
The squatter will also have time to present their side. They might provide a color of title or point to property tax payments to support an ownership claim. The judge will review both arguments carefully to determine who should ultimately have possession of the property.
Step 6: Obtain an Order for Possession and Writ of Possession
If the judge rules in your favor, the court will issue you a Writ of Possession, a document ordering the tenant to leave your property within 8 days. The sheriff will serve the Writ of Possession, starting the countdown to their departure.
The squatter can file an Answer or request a stay within 7 days of the notice of judgment, which paves the way for a formal appeal to New Hampshire’s Supreme Court within 30 days of judgment. Pay close attention to the proceedings to ensure you stick to timelines.
Step 7: Coordinate Removal of the Squatter With Local Law Enforcement
The Writ of Possession grants law enforcement the authority to physically remove the squatter from the property if they don’t leave after 8 days. Should the squatter leave any belongings behind, you’ll have to store them for at least 7 days and give notice before disposing of them.
As soon as the squatter has left, secure your property immediately by changing the locks and planning regular inspections. Strong security helps landlords avoid repeat squatting issues and protect vacant properties.
With the eviction complete, you’ll need to focus on how to prevent squatters from moving into your property in the first place. Let’s go over a few strategies.
Tips for Preventing Squatters from Occupying Your Property
The best way to stop squatters is to keep them out altogether. You can protect your property with proactive management and fast action, preventing your rentals from becoming targets.
Inspect the property regularly: Visit vacant properties frequently to spot signs of unauthorized entry early. Regular inspections also demonstrate active ownership and discourage long-term occupancy.
Install security cameras: Setting up visible, functioning security cameras will deter unauthorized occupants and provide valuable evidence if anyone enters your property without permission.
Act quickly against trespassers: Respond immediately if someone enters your property without permission. With early action, law enforcement can treat the situation as trespassing before it escalates into a squatter claim.
Secure all entry points: Lock all doors and windows, block secondary access points, and repair any damage to entryways. Strong physical security reduces the likelihood of unauthorized occupants moving in.
Maintain the property: Keep lawns trimmed, remove yard debris, and promptly handle all exterior repairs. Well-maintained properties appear occupied, attracting far fewer unauthorized occupants.
Fill vacancies quickly: Shorter vacancy periods lower squatter risk, so advertise your rental property using marketing tools like TurboTenant.
Screen future tenants thoroughly: Reliable tenant screening allows you to verify a tenant’s identity, rental history, and income before they move in. Thorough screenings reduce your risks of eviction and occupancy disputes.
Now that you know how to keep out squatters, let’s wrap up with a few long-term strategies to help you defend your New Hampshire property.
Digital Tools to Help Landlords Thwart Squatters
As stressful as squatters’ rights and adverse possession in New Hampshire can be, landlords can easily navigate these legal principles with the right approach.
You can use reliable property management software to track vacancies, document activity, and respond faster if an unauthorized occupant appears on your property.
Create your free account today to defend yourself (and your rentals) against the threats posed by squatters.
FAQs: Squatters’ Rights & Adverse Possession Laws in New Hampshire
How long does it take a squatter to claim property rights in New Hampshire?
In New Hampshire, a squatter must be able to prove 20 years of continuous, open, hostile, actual, and exclusive occupation to successfully claim adverse possession. An eviction or an extended break in possession terminates the squatter’s claim, requiring them to start all over again.
Can landlords remove squatters legally without taking legal action?
Landlords can only remove unauthorized occupants without legal action if law enforcement determines that the person is a trespasser rather than a squatter. However, if the occupant has established long-term residency, landlords must pursue a court-ordered eviction and cannot bypass legal action.
What’s the difference between a squatter and a holdover tenant?
A squatter never obtains permission or a lease to occupy a property, while a holdover tenant originally moves in under a valid lease and stays after it expires. In New Hampshire, holdover tenants retain limited tenant protections, while squatters do not.
Can a landlord turn off power or change locks to remove a squatter?
No. Turning off utilities, changing locks, or otherwise forcing the squatter to leave qualifies as self-help eviction, which is illegal in New Hampshire. These actions can trigger fines, lawsuits, or dismissal of an eviction case, even if the occupant doesn’t have your permission to be there.