Squatters’ rights and adverse possession in Vermont catch many landlords off guard. Imagine the problems that could arise if an unauthorized occupant moves into a vacant Montpelier home and claims the right to stay. Without swift action, a simple trespass can easily turn into a costly legal battle.
However, landlords can defend themselves against squatters with the right approach. Keep reading to learn how Vermont law defines squatting, the requirements for adverse possession, and the practical steps landlords can take to avoid disputes.
What is a squatter?
A squatter occupies a property long-term without the owner’s permission or a valid lease agreement. They never sign rental documents or obtain the landlord’s legal authorization, yet they pay no rent, even though they live on the property as a tenant would.
For instance, someone could move into a vacant apartment in Middlebury, change the locks, and continue to stay despite requests to leave. Because no rental agreement exists and the owner never gave their permission, Vermont law treats that occupant as a squatter.
Key Differences Between Squatters and Trespassers
Landlords should understand the key differences between squatters and trespassers, as these differences directly affect how they should respond.
Squatters
- Occupy a property without consent and stay for an extended period of time
- Attempt to gain the right to long-term occupancy or ownership
- Require landlords to obtain a formal eviction
Trespassers
- Enter a property unlawfully, but leave quickly
- Do not attempt to claim ownership or long-term occupancy
- Law enforcement can typically remove them on the spot
Essentially, squatters establish an ongoing possession and can only be removed through a court-ordered eviction, while trespassers make brief, unauthorized entries and can be removed immediately by law enforcement.
What are squatters’ rights?
Squatters’ rights in Vermont refer to the limited legal protections that squatters can claim through prolonged unauthorized occupancy. Though squatters’ rights do not automatically grant property ownership, they do make it more difficult for landlords to remove unauthorized occupants.
In Vermont, squatters’ rights can lead to real risks for landlords who wait to act. If you notice an unauthorized occupant on your property but don’t do anything about it, you can strengthen the squatter’s position and even potentially allow them to gain ownership of your property.
Can a squatter actually claim legal rights to a property?
Although it may seem unfathomable, squatters can assert legal rights to property in Vermont under specific circumstances. However, the process is difficult and time-consuming, so landlords can easily prevent squatters from claiming adverse possession by taking prompt action if they discover an unauthorized resident.
Adverse Possession Laws in Vermont
Adverse possession in Vermont is the legal route a squatter may take to claim ownership of property without paying any money or signing an agreement. To successfully claim adverse possession, however, the squatter must prove that their residency meets all of the following conditions.
Actual: The squatter must use the property as an owner would, such as by living on it, performing routine maintenance, or making improvements.
Open and notorious: The squatter’s occupation must remain obvious to the original owner and passersby, and the squatter cannot attempt to hide their residence.
Hostile: The squatter’s occupation must occur without the owner’s permission and conflict with the owner’s rights, even if there’s no direct confrontation between the two parties.
Exclusive: The squatter must treat the property as their own and cannot share it with the original owner, other squatters, or tenants.
Uninterrupted: The squatter must possess the property for at least 15 continuous years in Vermont, without abandonment or the owner successfully reclaiming possession during that time.
Supporting law: 12 V.S.A. § 501
Occupancy Time Requirements for Adverse Possession
Adverse possession in Vermont requires a squatter to occupy a property continuously and without interruption for 15 years. Any absences, property abandonment, or successful eviction will reset the clock, which requires a squatter to build their claim from scratch.
For example, a squatter might live in an empty Burlington home for 10 years before the owner discovers and evicts them. Even if the squatter returns later, those original 10 years do not count toward an adverse possession claim.
Supporting law: 12 V.S.A. § 501
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, a buyer might receive a faulty deed after purchasing a property and incorrectly believe they own the land.
Though some states require squatters to hold color of title to support an adverse possession claim, Vermont does not. Having such a document, however, may strengthen an existing claim. Squatters still have to prove 15 years of continuous, hostile, exclusive, open, and actual occupancy.
Supporting law: 12 V.S.A. § 501
Does the squatter have to pay property taxes for adverse possession in Vermont?
In many states, squatters must pay property taxes to support an adverse possession claim. Vermont does not have this requirement, though, and tax payments also do not shorten the 15-year occupancy condition.
Like having a color of title, a squatter can use property tax payments to help support an adverse possession claim in court. Landlords must stay current on all property taxes to prevent ownership disputes and avoid outcomes such as liens, tax sales, and foreclosures.
Supporting law: 12 V.S.A. § 501
How to Legally Remove Squatters from Your Property
Removing a squatter in Vermont requires landlords to follow a specific legal process. 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
If you feel safe to do so, negotiating directly with the squatter can help you avoid drawn-out eviction proceedings. You could offer a cash-for-keys agreement, settle on a firm move-out date, or connect the squatter with organizations that offer relocation assistance.
Important: Never attempt to remove the squatter yourself by turning off the utilities, changing the locks, or removing their belongings. These actions constitute illegal self-help eviction, which is punishable by fines, criminal charges, or dismissal of your eviction case.
Step 2: Get in Touch With Local Law Enforcement
You can also contact local law enforcement and ask them to visit your property. Officers can speak with the occupant and determine whether the person qualifies as a trespasser rather than a squatter. If so, law enforcement can typically remove the occupant right away.
Step 3: Serve the Squatter a 14-Day Notice to Quit
If law enforcement cannot remove the squatter, you must treat them as a tenant and begin the eviction process. The process starts by serving a 14-Day Notice to Quit, which formally demands that the squatter leave within 2 weeks or face court action.
Step 4: File an Eviction Complaint Against the Squatter
If the squatter remains on your property after 14 days pass, you’ll need to file an Eviction Complaint, also known as a Complaint for Ejectment or Action for Ejectment, in the Civil Division of the Superior Court in the county of your rental property. This filing formally starts the Vermont eviction process.
Step 5: Present Your Case in Front of a Judge
When your court hearing date arrives, bring strong documentation to prove your rightful ownership and the squatter’s unauthorized presence. Evidence can often include:
- A recorded deed in your name
- Witness statements from neighbors or contractors
- Written records of previous attempts to communicate with the squatter
- Property tax payment records in your name
The squatter also has time to present evidence, which may include property tax payments, the color of title, or other proof of long-term occupancy. The judge will consider both sides and examine all the evidence before deciding on possession.
Step 6: Obtain a Writ of Possession, Authorizing Removal of the Squatter
Should the judge side with you, the court issues a Writ of Possession, which authorizes the local sheriff to remove the squatter and return possession to the landlord. The squatter has 14 days after service to move out voluntarily; after that, the sheriff can forcibly remove them.
The squatter may file an appeal with the Vermont Supreme Court, typically within 21 days of judgment, if they believe the judge ruled in error. Keep a close eye on your property and the proceedings during this time so you can regain possession as quickly as possible.
Step 7: Coordinate Removal of the Squatter With Local Law Enforcement
The Writ of Possession grants law enforcement the authority to physically remove squatters from your property. If the squatter leaves any personal belongings on your property, you must store the items for at least 60 days and attempt to notify the squatter before disposing of them.
Secure your property immediately by changing the locks, boarding any vulnerable entry points, and scheduling regular inspections to prevent future squatters from settling in.
Now that you know how to remove a squatter from your property, let’s go over a few tips that will hopefully keep them out altogether.
Tips for Preventing Squatters from Occupying Your Property
The best way to stop squatters is to prevent unauthorized occupancy from occurring in the first place. Consistent management and swift action will keep squatters from establishing a foothold on your property. Here are a few tips:
Inspect the property regularly: Visit vacant properties frequently to spot early warning signs of unauthorized entry or occupation. Regular inspections also show active ownership, which discourages squatters from moving in.
Install security cameras: Visible security cameras can deter squatters from entering your property. The video footage also serves as valuable evidence in the event of a court case.
Act quickly against trespassers: If you discover anyone entering your property without your permission, contact law enforcement immediately. This allows officers to address trespassing before it can escalate into squatting.
Secure all entry points: Lock doors and windows, board up any unused entry points, and repair any damages quickly. Squatters often target properties that appear easy to access or poorly secured.
Maintain the property: Keep lawns trimmed, collect your mail, and don’t let your property fall into disrepair. Well-maintained properties look occupied and monitored, making them far less attractive to squatters.
Fill vacancies quickly: Limit vacancy periods by advertising your rental property using tools like TurboTenant, so you can place qualified tenants fast.
Screen future tenants thoroughly: Verify a potential tenant’s identity, rental history, and income before they move in. Proper tenant screening lowers the risk of bad-faith occupants who later refuse to leave.
With these strategies in place, you should easily be able to prevent squatters from moving in. Last but not least, we’ll go over some final takeaways landlords should remember when protecting their properties.
Digital Tools to Help Landlords Thwart Squatters
Property owners can confidently manage squatters’ rights and adverse possession in Vermont using proactive management strategies and prompt action.
Reliable property management software, such as TurboTenant, also helps landlords reduce the risk of squatting situations by tracking vacancies and documenting activity.
Create your free TurboTenant account today to protect your rental investments and stay organized at all times.
FAQs: Squatters’ Rights & Adverse Possession Laws in Vermont
How long does it take a squatter to claim property rights in Vermont?
A squatter must occupy a Vermont property for at least 15 continuous years to successfully claim adverse possession. Their use must also remain actual, open, hostile, and exclusive at all times. Any abandonment or successful eviction resets the clock and terminates the claim.
Can landlords remove squatters legally without taking legal action?
Usually, no. If an unauthorized occupant counts as a squatter rather than a trespasser, landlords must follow Vermont’s eviction process to remove them, including serving proper notice and obtaining a Writ of Possession. Skipping these steps can delay removal or expose the landlord to legal consequences.
What’s the difference between a squatter and a holdover tenant?
A squatter enters a property and stays without permission, never obtaining a valid lease. Meanwhile, a holdover tenant originally rents a unit legally, but remains after the lease ends. Though both require eviction, holdover tenants retain some tenant rights, while squatters trigger different legal procedures.
Can a landlord turn off power or change locks to remove a squatter?
No. Shutting off utilities or changing locks counts as illegal self-help eviction, which can lead to fines, damages, or dismissal of the eviction case. Even though the occupant never had permission to reside on the property, the owner must still obtain a court order to evict them.