Squatters’ rights and adverse possession in Wyoming can turn a vacant rental property into a massive legal headache. For instance, imagine someone moving into an empty Cheyenne home, changing the locks, and claiming the right to stay. Landlords could risk costly court proceedings and even potential property loss.
Landlords can easily navigate squatters’ rights by staying prepared and informed, so in this article, we’re going over how Wyoming law defines squatting, how adverse possession works, and more.
What is a squatter?
A squatter lives on a property without the owner’s permission or a valid lease agreement. They move in without authorization, pay no rent, and refuse to leave. Under Wyoming law, squatters do not qualify for tenant rights, though they do have some legal protections.
For example, picture someone who moves into a vacant home, changes the locks, and starts living there rent-free qualifies as a squatter. Without rent payments, the property owner’s permission, or a lease, they have no legal right to be there.
Key Differences Between Squatters and Trespassers
Understanding the differences between squatters and trespassers helps landlords respond correctly and avoid costly legal mistakes.
Squatters
- Occupy a property without the owner’s consent and stay for an extended time period
- May attempt to gain the right to long-term occupancy or ownership
- Landlords may need to obtain a court-ordered eviction to remove them
Trespassers
- Enter a property without permission, but typically leave soon after
- Do not attempt to claim the right to stay or own the property
- Law enforcement can often remove them right away
Under recently passed Wyoming laws, landlords can often contact law enforcement to remove squatters on the spot, much like trespassers. However, if the squatter remains long enough to establish an adverse possession claim, the landlord must proceed with the eviction process.
What are squatters’ rights?
Squatters’ rights in Wyoming refer to the limited legal protections that an unauthorized resident can gain over time. These rights stem from Wyoming’s adverse possession laws, which allow squatters to claim ownership of a property eventually.
In Wyoming, squatters’ rights mean that landlords who discover unauthorized occupants on their properties must take immediate action to remove them. If the squatter stays long enough and meets the legal requirements for adverse possession, the landlord may risk losing their property altogether.
Can a squatter actually claim legal rights to a property?
As unbelievable as it may sound, a squatter can claim legal rights to property in Wyoming via adverse possession. The process requires the squatter to provide strict proof and put in years of occupancy, though, so landlords can easily prevent adverse possession claims by staying prepared.
Adverse Possession Laws in Wyoming
Adverse possession in Wyoming allows a squatter to acquire legal title to property by meeting strict requirements over time. This legal doctrine can transfer title away from the lawful owner, but only if the squatter can prove that their occupation meets the following conditions:
Actual: The squatter must physically use the property as an owner would. They might live there, make improvements, or conduct property maintenance, rather than simply storing belongings or visiting occasionally.
Open and notorious: The squatter’s residence must be visible and cannot be hidden, so the owner and passersby could reasonably notice an unauthorized occupant living there.
Hostile: The squatter must be on the property without the owner’s permission, in a manner hostile to the original owner’s rights. An actual confrontation does not have to take place.
Exclusive: The squatter must possess the property alone and cannot share it with others, including members of the public, tenants, or the original property owner.
Uninterrupted: The squatter must live on a property for at least 10 continuous years to claim adverse possession in Wyoming.
Supporting law: Wyo. Stat. § 1-3-103
Occupancy Time Requirements for Adverse Possession
To successfully claim adverse possession in Wyoming, a squatter must occupy a property for at least 10 continuous years. If the original owner successfully evicts the squatter, or if the squatter leaves for an extended period, the clock resets and the adverse possession claim ends.
For example, if someone occupies a vacant Laramie duplex for 3 years before the owner discovers and evicts them, they would not be able to satisfy Wyoming’s 10-year occupancy time requirement and would not have a valid adverse possession claim.
Supporting law: Wyo. Stat. § 1-3-103
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 property buyer in Jackson might receive a deed with an incorrect legal description and believe they own the land.
Wyoming law does not require squatters to hold a color of title to claim adverse possession. Instead, squatters must only prove 10 years of actual, open, hostile, exclusive, and continuous occupation, though a color of title may support an existing claim.
Supporting law: Wyo. Stat. § 1-3-103
Does the squatter have to pay property taxes for adverse possession in Wyoming?
In many states, squatters must pay property taxes to support an adverse possession claim. However, Wyoming does not require payment of property taxes.
Paying property taxes also does not shorten the 10-year occupancy time requirement for adverse possession in Wyoming. That said, squatters may present property tax records to support an adverse possession claim, so owners should stay current on all tax payments to prevent ownership disputes.
Supporting law: Wyo. Stat. § 1-3-103
How to Legally Remove Squatters from Your Property
If you discover a squatter on your Wyoming property, you’ll have a few legal options for removal. Here’s what you’ll need to do:
Step 1: Attempt to Convince The Squatter to Leave Willingly
If you feel safe doing so, negotiating directly with the squatter may help you resolve the issue faster than involving law enforcement or filing for eviction. You could offer moving assistance or use a cash-for-keys arrangement to encourage the occupant to leave.
Important: Do not try to force the squatter out on your own. Lockouts, utility shutoffs, or property removal qualify as unlawful self-help evictions and can expose you to fines, damages, or a dismissal of your eviction case.
Step 2: Get in Touch With Local Law Enforcement
Your next step should be to contact local law enforcement. Wyoming law allows for expedited removal of squatters, so after you provide a signed affidavit and proof of your ownership, officers can often remove the squatter on the spot, just like a trespasser.
Step 3: Serve the Squatter a 3-Day Notice to Quit
If the occupant has been on the property long enough to claim adverse possession, you’ll need to evict the squatter as if they were a tenant. Serve a 3-Day Notice to Quit, which formally demands that the squatter leave your property by a set deadline or face court proceedings.
Step 4: File a Complaint for Forcible Entry and Detainer Against the Squatter
If the squatter does not leave your property by the deadline, file a Complaint for Forcible Entry and Detainer in the judicial district that encompasses your rental. This starts the Wyoming eviction process and sets a date for a court hearing.
Step 5: Present Your Case in Front of a Judge
At the hearing, present strong evidence that proves your rightful ownership and the squatter’s unlawful presence. Documentation often includes:
- A recorded deed in your name
- Photos or videos documenting the squatter’s presence on your property
- Witness statements from neighbors or contractors
- Utility bills or property tax records in your name
The squatter will also have an opportunity to present their case. They may show a color of title, claim long-term possession, or provide property tax payment records. The judge will review both sides’ evidence before deciding whether to issue a Judgment for Possession.
Step 6: Obtain a Writ of Restitution, Authorizing Removal of the Squatter
If the judge rules for you, the Circuit Court enters a Judgment for Restoration of the Premises. After that judgment, you or your attorney must request a Writ of Restitution, a document that authorizes the local sheriff to remove the squatter and restore possession to you.
The squatter typically has 14 days after judgment to attempt to appeal the eviction decision. However, to stop the eviction, they must typically post an appeal bond and pay court filing fees, so delays during this period are rare.
Step 7: Coordinate Removal of the Squatter With Local Law Enforcement
A Writ of Restitution grants the sheriff the authority to remove the squatter and restore possession to you physically. Only law enforcement may carry out the eviction. If the squatter leaves any personal belongings, you must store them for 15 days and give notice before disposing of them.
After the squatter leaves, secure your property immediately. Change the locks, install security cameras, and post No Trespassing signs to prevent repeat squatter problems.
With the removal process complete, let’s take a look at some practical strategies that will prevent squatters from occupying your Wyoming property in the first place.
Tips for Preventing Squatters from Occupying Your Property
The best way to stop squatters is to prevent unauthorized occupancy before it starts. By staying proactive and keeping a close eye on your rentals, you can easily protect your properties.
Inspect the property regularly: Visit the property frequently, especially during vacancies. Routine inspections help you spot suspicious activity and other signs of unauthorized occupancy before a squatter gets comfortable.
Install security cameras: Visible cameras deter unauthorized entry and provide recorded evidence if someone enters your property without your permission. Make sure to post signs so squatters know someone is monitoring the property.
Act quickly against trespassers: If you discover an unauthorized occupant, contact local law enforcement immediately. With swift action, you’ll be able to stop a brief trespassing incident from escalating into full-blown squatting.
Secure all entry points: Change locks between tenants, reinforce doors and windows, and secure all garages or sheds. Squatters often look for properties that are easy to access, so you should reduce their chances of entry.
Maintain the property: Keep the yard trimmed, remove mail or debris often, and leave the utilities on if necessary. A well-maintained home signals active ownership, deterring squatters seeking an empty space.
Fill vacancies quickly: Since squatters often target vacant homes and apartments, advertise your rental property so you can attract qualified tenants rather than unauthorized occupants.
Screen future tenants thoroughly: Before signing a new lease agreement, you should always verify the tenant’s background, rental history, and income to avoid problematic renters. Reliable tenant screening reduces your risk of disputes and holdover situations.
Taking proactive steps now protects your property in the long term. Last but not least, let’s wrap up with some key takeaways for Wyoming landlords.
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FAQs: Squatters’ Rights & Adverse Possession Laws in Wyoming
How long does it take a squatter to claim property rights in Wyoming?
To pursue adverse possession in Wyoming, a squatter must occupy a property for at least 10 continuous years. Their occupation must also be actual, open, hostile, and exclusive to qualify. Any breaks in possession will reset the clock and require the squatter to build a new claim.
Can landlords remove squatters legally without taking legal action?
In many cases, yes. Wyoming law provides an expedited path for landlords to remove squatters with help from law enforcement. However, if the squatter has lived on the property long enough to establish an adverse possession claim, the landlord must follow eviction procedures.
What’s the difference between a squatter and a holdover tenant?
A squatter never obtained permission to live on a property, whereas a holdover tenant once had a valid lease but refuses to leave after it expires. Holdover tenants must be evicted, while squatters are subject to state laws that allow immediate removal by law enforcement.
Can a landlord turn off power or change locks to remove a squatter?
No. Landlords cannot shut off utilities, change locks, or use any other self-help eviction tactics to force a squatter out. Instead, landlords must contact law enforcement for immediate removal or, if necessary, pursue a court-issued eviction order.