Squatters’ rights and adverse possession in North Dakota can create serious issues for property owners. Imagine discovering someone living in your vacant Fargo rental, claiming they’ve been there for months. If left unchecked, the situation can escalate quickly and even threaten your ownership rights.
Landlords should stay informed to keep squatters out of their properties. Keep reading to learn how North Dakota law defines squatting, required occupancy timelines, and the eviction process.
What is a squatter?
A squatter occupies a property without the owner’s permission or a valid lease agreement. They move in without legal authorization and often refuse the real owner’s requests to leave, even though they have no right to be on the property.
For example, someone might move into an empty Bismarck home while the owner is traveling. They change the locks, move in their own furniture, and claim the property as their own. Since they don’t have permission or a lease, their continued occupation makes them squatters.
Key Differences Between Squatters and Trespassers
Landlords must understand the differences between squatters and trespassers to choose the correct removal process.
Squatters
- Occupy a property without consent for an extended period of time
- May try to assert the right to long-term occupancy or ownership
- Landlords usually must file an eviction case to remove them
Trespassers
- Enter the property without permission, but typically leave quickly
- Do not attempt to claim ownership or residency rights
- Police can often remove them right away
To sum it up, squatters stay long-term and may assert legal rights, while trespassers enter briefly without attempting to claim possession. That difference determines whether landlords have to file for eviction.
What are squatters’ rights?
Squatters’ rights in North Dakota refer to the legal principles that offer limited protection for unauthorized residents. These laws stem from adverse possession legislation, which is designed to encourage active use of property.
In North Dakota, these rules mean that landlords who ignore unauthorized occupants risk losing their property altogether. You should always act immediately if you notice unauthorized residents on your property, or you may face a costly, stressful legal battle to regain possession.
Can a squatter actually claim legal rights to a property?
The short answer is yes. As unbelievable as it may sound, squatters can acquire legal title to property in North Dakota through adverse possession. The process requires strict proof and years of occupancy, though, so landlords can easily prevent squatters from developing adverse possession claims.
Adverse Possession Laws in North Dakota
Squatters can take possession of a property from the legal, titled owner through adverse possession in North Dakota. However, the squatter must be able to prove that their residence meets the following conditions before an adverse possession claim can succeed.
Actual: The person must physically possess and use the property as an owner would, rather than simply visiting occasionally or only storing belongings on the property.
Open and notorious: The squatter must make their occupation so obvious that the owner could reasonably notice it. In other words, they can’t attempt to hide their presence.
Hostile: The squatter must be on the property without the owner’s permission or a lease agreement. Even if an actual confrontation doesn’t take place, the occupation is hostile to the owner’s rights.
Exclusive: The squatter must control the property alone and can’t share it with anyone, including other squatters, members of the public, or the original owner.
Uninterrupted: The squatter must live on the property for at least 20 continuous years, without breaks, to claim adverse possession under North Dakota law.
Supporting law: N.D. Cent. Code § 28-01-04, § 47-06-03
Occupancy Time Requirements for Adverse Possession
To successfully claim adverse possession in North Dakota, a squatter must typically live on a property for at least 20 continuous years with no extended absences or evictions. If the squatter leaves for a long time period or is evicted by the original owner, the timer resets.
Let’s say someone lives in a vacant Grand Forks home for 5 years and then moves out. Even if they later move back in, those 5 years would not count toward an adverse possession claim.
Supporting law: N.D. Cent. Code § 28-01-04
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 critical legal defect. For example, a buyer could receive a deed for a property that later turns out to be invalid because the seller never owned the home.
In North Dakota, a squatter does not need color of title to pursue adverse possession under the standard 20-year timeline. However, holding color of title can shorten the occupancy time requirement from 20 to 10 years when the squatter also pays all property taxes.
Supporting law: N.D. Cent. Code § 28-01-04, § 47-06-03
Does the squatter have to pay property taxes for adverse possession in North Dakota?
In many states, squatters must pay property taxes to claim adverse possession. However, North Dakota only requires squatters to pay property taxes if they also hold color of title and want to claim adverse possession after 10 years, rather than 20.
As mentioned earlier, a squatter who has a color of title and pays taxes can establish a valid adverse possession claim after 10 years of actual, open, hostile, exclusive, and continuous occupancy. Property owners should stay current on all tax payments to prevent ownership disputes.
Supporting law: N.D. Cent. Code § 28-01-04, § 47-06-03
How to Legally Remove Squatters from Your Property
If you discover an unauthorized occupant who refuses to leave your North Dakota property, you’ll have to take legal steps to remove them. Here’s what to do:
Step 1: Attempt to Convince The Squatter to Leave Willingly
If you feel safe speaking with the squatter directly, you might be able to resolve the issue without an eviction. You could offer a written move-out agreement, set a deadline to leave, or explore a cash-for-keys arrangement. These options could help you avoid lengthy, stressful court proceedings.
Important: Never try to force a squatter out on your own. Lockouts, utility shutoffs, or intimidation all count as self-help evictions, which are illegal in every state and might expose you to legal penalties or dismissal of your eviction case.
Step 2: Get in Touch With Local Law Enforcement
On the other hand, you can also ask local law enforcement to visit your property and assess the situation. Officers may determine that the person is a trespasser rather than a squatter, and if so, they can remove them immediately without requiring an eviction order.
Step 3: Serve the Squatter a 3-Day Notice to Quit
If law enforcement cannot remove the occupant, you must evict the squatter as if they were a tenant. First, serve the squatter a 3-Day Notice to Quit, which formally demands that the squatter leave your property within 3 days or face eviction proceedings in court.
Step 4: File an Eviction Summons and ComplaintAgainst the Squatter
If the squatter doesn’t leave your property within 3 days, you must file an Eviction Summons and Complaint in the North Dakota District Court for your property. This starts the North Dakota eviction process and sets a court hearing date, typically within 3 to 15 days.
Step 5: Present Your Case in Front of a Judge
Prepare for your court hearing by gathering strong evidence to prove your rightful ownership and the squatter’s unlawful presence. Landlords often present documentation like:
- A recorded property deed
- Photos or videos of the squatter’s presence
- Utility records in the legal owner’s name
- Written records of previous attempts to communicate with the squatter
The squatter also gets time to present their own evidence, such as a color of title, property tax payments, or other proof of long-term residency. The judge will weigh both sides to determine ownership rights, so having solid evidence in your favor is vital.
Step 6: Obtain a Writ of Possession Authorizing Removal of the Squatter
If the judge sides with you, the court will enter a Judgment for Possession and orders the squatter to leave your property. If the squatter remains, you can return to court to obtain a Writ of Restitution, which authorizes the local sheriff to physically remove the squatter.
The squatter has a limited amount of time, typically within 10 judicial days of judgment, to file an appeal and stop the eviction. You should monitor the legal proceedings closely during this time to prevent any delays in regaining possession of your property.
Step 7: Coordinate Removal of the Squatter With Local Law Enforcement
The Writ of Restitution grants the local sheriff the authority to physically remove the squatter and restore your property to you. If the squatter leaves behind any personal items, North Dakota law requires you to store them for 28 days and notify the squatter before disposal.
Once the squatter has left, secure your property immediately by changing the locks, posting No Trespassing signs, and scheduling regular inspections to prevent future squatting.
With the removal process out of the way, let’s go over a few other practical ways you can prevent squatters from gaining ground.
Tips for Preventing Squatters from Occupying Your Property
Ideally, you should seek to prevent squatters from moving into your property in the first place. These proactive management strategies can reduce your risks of dealing with squatters:
Inspect the property regularly: Visit your vacant rentals frequently to spot signs of unauthorized occupants, such as property damage or forced entry. If you can catch squatters early, you can remove them more easily than if they’ve been there for weeks or months.
Install security cameras: Visible, functioning cameras deter unlawful entry and provide recorded evidence if someone attempts to enter your property. You should also post signs drawing attention to the cameras to discourage squatters.
Act quickly against trespassers: Contact law enforcement immediately upon discovering signs of unauthorized entry. With early intervention, you can prevent a brief trespass from escalating into a long-term squatting issue.
Secure all entry points: Ensure doors, windows, and other access points are secured with sturdy hardware. Squatters often look for properties that are easy to access, so if your rental is well-protected, they’ll likely move on.
Maintain the property: Keep all landscaping up to date, collect mail regularly, and shovel snow during winter. A well-maintained property signals active ownership, discouraging squatters from trying to move in.
Fill vacancies quickly: Since squatters often target empty properties, minimize your downtime between tenants by advertising your rental property with effective rental management tools.
Screen future tenants thoroughly: You should always verify a potential renter’s income, rental history, and background before signing a lease. Conduct thorough tenant screenings to select responsible renters and reduce future disputes.
Taking consistent, proactive steps will help you protect your North Dakota rentals. But you can also use other tools for an even stronger property defense strategy.
Digital Tools to Help Landlords Thwart Squatters
You can confidently handle squatters’ rights and adverse possession in North Dakota through proactive management strategies and strong documentation.
Using reliable property management software will also help you track leases, screen tenants, and maintain records, deterring unauthorized occupancy.
Protect your rentals now with TurboTenant and create your free account today.
FAQs: Squatters’ Rights & Adverse Possession Laws in North Dakota
How long does it take a squatter to claim property rights in North Dakota?
Under North Dakota law, a squatter must typically occupy a property and meet all statutory requirements for 20 years to claim adverse possession. However, if the squatter has a color of title and pays property taxes, they can claim adverse possession after just 10 years.
Can landlords remove squatters legally without taking legal action?
No, landlords usually must take legal action and obtain a court-ordered Writ of Restitution to remove a squatter. The only exception is if law enforcement officers determine that the person is a trespasser rather than a squatter, in which case, they can remove them on the spot.
What’s the difference between a squatter and a holdover tenant?
A squatter occupies property without any lease or permission, while a holdover tenant originally had a valid lease, but remains after it expires. Though both are unauthorized occupants, squatters may be able to claim adverse possession over time, while holdover tenants typically cannot.
Can a landlord turn off power or change locks to remove a squatter?
No. Lockouts, utility shutoffs, or other intimidation attempts are considered self-help evictions and can violate the law and jeopardize your case. North Dakota landlords must go through the full eviction process and rely on law enforcement to enforce a Writ of Restitution.