Squatters’ rights and adverse possession in Utah often surprise landlords, but these laws pose a real risk. Imagine someone entering a vacant Salt Lake City duplex and treating it as their own, resulting in lost rental income and a costly eviction to get them out.
If you want to learn how to protect your property from unauthorized occupants, keep reading to understand how Utah defines squatters, the timelines for adverse possession, and your options for a legal, safe removal.
What is a squatter?
A squatter occupies property without the owner’s permission and never signs a valid lease agreement. Because they do not pay rent or have any authorization to be there, squatters lack legal tenant rights, though they can gain some limited protections over time.
For example, someone might move into an empty apartment during renovations. They never sign paperwork, pay rent, or obtain permission, yet they treat the property as their own and refuse requests to leave. They meet the definition of a squatter under Utah law.
Key Differences Between Squatters and Trespassers
Understanding the difference between squatters and trespassers helps landlords choose the proper legal response.
Squatters
- Occupy a property for an extended period without the owner’s consent
- Try to establish the legal right to stay or eventually claim ownership
- Force landlords to pursue a formal eviction instead of a quick removal
Trespassers
- Enter a property without permission and typically leave quickly
- Do not express the intent to stay or claim ownership
- Police can remove them right away
In short, squatters stay longer and seek legal protections, while trespassers enter briefly without making such claims. That distinction determines whether landlords must evict or can ask law enforcement to remove them immediately.
What are squatters’ rights?
Squatters’ rights in Utah are limited legal protections that can be obtained by occupying property without permission for an extended period. These legal principles don’t automatically grant ownership, but they do affect removal procedures and timelines.
In practice, squatters’ rights in Utah mean landlords cannot remove long-term occupants by simply calling the police. Instead, property owners have to follow formal eviction steps, even though the squatter doesn’t have a lease. If landlords wait to act, this can lead to increased risk.
Can a squatter actually claim legal rights to a property?
Although it sounds unfathomable, squatters can claim legal rights to a property in Utah under certain circumstances. The process demands years of occupancy and strict proof, though, so landlords can easily prevent these claims by monitoring vacant properties and acting quickly if they spot squatters.
Adverse Possession Laws in Utah
Adverse possession in Utah provides a narrow legal route for a squatter to take ownership from the legal owner. However, squatters must meet strict requirements to qualify for an adverse possession claim. To successfully gain property ownership, the squatter’s residence must be:
Actual: The squatter must physically use the property as an owner would. For instance, living there, maintaining the property, or making material improvements shows real, actual possession.
Open and notorious: The squatter must live on the property in a way that is obviously visible to passersby and the original owner, and they cannot attempt to hide their residence or sneak around on the property.
Hostile: The squatter must occupy the property without the owner’s permission and in a manner hostile to the owner’s rights. No lease, license, or verbal consent can exist.
Exclusive: The squatter must live on the property alone and cannot share possession with the owner, tenants, or other squatters.
Uninterrupted: The squatter must occupy the property for at least 7 continuous years, without any extended breaks, and meet all of the above requirements.
Supporting law: Utah Code § 78B-2-214
Occupancy Time Requirements for Adverse Possession
To successfully claim adverse possession in Utah, a squatter must occupy the property continuously for at least 7 years without interruption. If the squatter leaves or is evicted, the clock resets, and they have to start building their claim from scratch.
For example, a squatter who stays in a vacant Provo home for 3 years, then leaves for several months, would not qualify for a claim of adverse possession since that break would defeat the continuity requirement.
Supporting law: Utah Code § 78B-2-214
Does the squatter need to have a color of title to claim adverse possession?
The phrase “color of title” describes a written document that appears to transfer ownership but contains a legal defect. Picture a squatter receiving an invalid deed after a fraudulent sale, mistakenly believing that it grants ownership.
Although many states require squatters to hold a color of title to claim adverse possession, Utah does not. Having a color of title also does not shorten the occupancy time requirement, though it may help support an adverse possession claim.
Supporting law: Utah Code § 78B-2-214, § 78B-2-210
Does the squatter have to pay property taxes for adverse possession in Utah?
In many states, squatters must pay property taxes to claim adverse possession. Utah is one of them. Per state law, squatters must pay all property taxes to claim adverse possession.
Squatters must still live on the property for at least 7 years and meet all of the above conditions, in addition to paying property taxes, to qualify for adverse possession. Landlords who pay their property taxes in full and on time can easily avoid ownership disputes.
Supporting law: Utah Code § 78B-2-214
How to Legally Remove Squatters from Your Property
If you have to remove a squatter, you’ll need to follow Utah’s legal process carefully, from giving proper notice to receiving an eviction order. Here’s how:
Step 1: Attempt to Convince The Squatter to Leave Willingly
If you feel safe to do so, negotiating directly with the squatter may save you months of lost rental income and a costly eviction. You could offer a cash-for-keys agreement, agree to cover moving costs, or set a specific deadline for the squatter to move out.
Important: Never attempt a self-help eviction, which is illegal nationwide and can lead to fines, charges, or a dismissed eviction case. Self-help evictions include utility shutoffs and lockouts.
Step 2: Get in Touch With Local Law Enforcement
You can also call local law enforcement and ask officers to visit your property. If the police determine that the occupant is a trespasser rather than a squatter, they may remove them immediately without the need for a formal eviction order.
Step 3: Serve the Squatter a 3-Day Notice to Quit
If law enforcement cannot remove the occupant, you must evict them like a tenant through Utah’s unlawful detainer process. Start by serving a written 3-Day Notice to Quit, which gives the occupant 3 calendar days to leave voluntarily before you begin eviction proceedings.
Step 4: File a Complaint for Unlawful Detainer Against the Squatter
If the notice deadline passes and the squatter remains on your property, you’ll have to file a Complaint for Unlawful Detainer. File it with the district court in the county where the property sits, starting the Utah eviction process and setting a court hearing date.
Step 5: Present Your Case in Front of a Judge
When your hearing date arrives, bring clear evidence to strengthen your case. You can establish the squatter’s unlawful occupancy and your ownership rights with documentation like the following:
- Proof of ownership, such as a recorded deed in your name
- Photos or videos showing the squatter’s presence on your property
- Property tax payment records
- Written records of attempts to communicate with the squatter
The squatter will also get time to present their side. They may provide property tax records, a color of title document, or proof of long-term occupancy. Judges will weigh both arguments carefully before making a decision, so you’ll need to be thoroughly prepared.
Step 6: Obtain an Order of Restitution, Authorizing Removal of the Squatter
If the judge rules in your favor, the court will issue an Order of Restitution, which authorizes a constable or the county sheriff to restore possession to you. This document typically gives the squatter 3 days to leave the property before they are physically removed.
The squatter can file a Motion to Delay Enforcement, which will slow (but not prevent) the eviction. However, to do so, they would also have to post a bond in an amount that would cover their probable legal costs, attorney fees, and damages, including unpaid rent.
Step 7: Coordinate Removal of the Squatter With Local Law Enforcement
With a Writ of Restitution in hand, the sheriff or constable will have the authority to physically remove squatters and restore possession to you. Under Utah law, landlords must store any belongings left behind by the squatter for at least 15 days, though you can charge storage and moving costs.
Secure the property as soon as the squatter leaves. Change the locks, post ‘No Trespassing’ signs, and monitor the property to prevent repeat occupancy and future headaches.
Now, you know how to remove a squatter in Utah. Let’s go over some strategies to keep squatters out in the first place.
Tips for Preventing Squatters from Occupying Your Property
The best way to stop squatters is to prevent unauthorized occupancy from happening altogether. Proactive management and quick action reduce risks and protect your investment.
Inspect the property regularly: When your properties are between tenants, walk through often, looking for signs of forced entry or occupation. This allows you to address issues immediately before a squatter settles in.
Install security cameras: Post visible cameras to deter unauthorized entry and create evidence if someone breaks in. Remote monitoring also alerts you to any movement or activity at vacant properties.
Act quickly against trespassers: Contact law enforcement immediately upon discovering signs of unauthorized entry. Fast action prevents trespassers from establishing a long-term occupancy that would qualify for squatters’ rights.
Secure all entry points: Lock doors and windows, install fencing if possible, and repair any broken locks. Eliminating easy access reduces a property’s appeal to squatters.
Maintain the property: Even if the property is empty, keep the yard trimmed, collect mail frequently, and address repairs promptly to signal active ownership and discourage squatters looking for vacancies.
Fill vacancies quickly: Advertise vacant rentals promptly through services like TurboTenant to minimize vacancy rates. Having paying tenants in your properties will keep the squatters out.
Screen future tenants thoroughly: Before approving a new tenant, verify their identity, rental history, and income with a detailed tenant screening. This process lowers the risk of problem tenants and costly evictions.
While these strategies can help you protect your property, it’s also important to know exactly how to implement them and stop squatters in their tracks.
Digital Tools to Help Landlords Thwart Squatters
Property owners can manage squatters’ rights and adverse possession in Utah with preparation, thorough documentation, and timely action to protect ownership and limit risk.
Using reliable property management software, such as TurboTenant, helps landlords track vacancies and respond quickly if unauthorized occupants appear.
Create a free account today to manage your rentals confidently and stay protected.
FAQs: Squatters’ Rights & Adverse Possession Laws in Utah
How long does it take a squatter to claim property rights in Utah?
In Utah, a squatter must occupy a property continuously for 7 years without any absences to claim adverse possession. The squatter’s residence must also be actual, hostile, exclusive, and open, and the squatter must also pay all property taxes for those 7 years.
Can landlords remove squatters legally without taking legal action?
Landlords can only remove unauthorized occupants without taking legal action if law enforcement classifies them as trespassers. Once someone establishes ongoing occupancy, however, landlords must follow Utah’s eviction process and obtain an Order of Restitution to legally remove them.
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 legally rents a property but remains after the lease ends. Though both are unlawful occupants, the holdover tenant retains limited tenant rights, whereas the squatter has none.
Can a landlord turn off power or change locks to remove a squatter?
No. Turning off utilities or changing locks qualifies as a self-help eviction, which Utah law prohibits. Self-help evictions can lead to fees, criminal charges, and a failed eviction if challenged in court, so landlords must go through the Utah eviction process to remove a squatter.