Ever heard of someone moving into a vacant house and eventually claiming it as their own? That’s the basic idea behind “squatters’ rights.” A squatter is simply someone who occupies a property without the owner’s permission. Under certain circumstances, and after a specific period, they might be able to claim legal ownership through a process called adverse possession.
This article provides a comprehensive overview of squatters’ rights in TN, specifically how adverse possession works in the Volunteer State. We’ll break down the legal framework, outline the specific requirements, and discuss what it all means for both property owners and anyone considering occupying a property they don’t own.
Understanding these laws is crucial. For property owners, it’s about protecting your investment and knowing how to prevent a squatter from gaining a legal foothold. For potential occupants, it’s about understanding your rights and responsibilities, and the very real possibility of legal repercussions.
In Tennessee, there are essentially two ways someone can try to claim adverse possession: occupying the property and paying property taxes for 20 years, or occupying the property for 7 years with what’s called “color of title.” We’ll explore both of these paths in detail.
Understanding Adverse Possession in Tennessee
Adverse possession is a legal concept that allows someone living on a property without permission to potentially gain legal ownership of it. It’s how a squatter can, in some cases, gain rights to a property.
However, it’s not easy to achieve. The laws around adverse possession are strict, and the burden of proof is on the squatter to show they’ve met all the legal requirements.
Elements of Adverse Possession
In Tennessee, a squatter must meet several conditions to claim adverse possession:
- Hostile/Adverse Possession: “Hostile” simply means that the squatter is occupying the property without the owner’s permission. It doesn’t necessarily mean there’s a confrontation, just that there’s no consent.
- Actual Possession: The squatter must physically be on the property. This might mean living there or making improvements to the land or buildings.
- Open and Notorious Possession: The squatter can’t hide their presence; they must be visible to the owner and the surrounding community.
- Exclusive Possession: The squatter must possess the property alone, without sharing it with the owner or other unauthorized people.
- Continuous Possession: The squatter’s possession must be uninterrupted for a certain amount of time, meaning they must be there consistently.
Tennessee’s Specific Requirements for Adverse Possession
In Tennessee, someone seeking to claim property through adverse possession has to meet specific requirements, including how long they’ve possessed the property.
Time Requirements
Tennessee law sets out two different timeframes for adverse possession:
- 20 years of continuous possession
- 7 years of continuous possession, as long as the squatter has “color of title”
These are the minimum requirements, and meeting them doesn’t guarantee that the squatter will be able to successfully claim ownership of the property.
Color of Title
“Color of title” means that the squatter has a document that seems to grant them ownership of the property, but the document is actually defective in some way. For example, the squatter might have a deed that’s faulty, or a claim to the property through inheritance that turns out to be invalid.
Having “color of title” can shorten the amount of time the squatter has to possess the property to 7 years instead of 20. But even with color of title, the squatter still has to meet all the other requirements for adverse possession, such as possessing the land openly and notoriously.
Payment of Property Taxes
Paying property taxes can strengthen an adverse possession claim. Although it’s not explicitly required in every case, it shows the court that the squatter is treating the property as their own.
Tennessee law generally requires the squatter to have paid the property taxes for at least 20 years to make a claim of adverse possession. The 7-year rule can be an exception to this, depending on the circumstances.
Squatters vs. Trespassers in Tennessee
It’s important to understand the difference between a squatter and a trespasser. A trespasser enters a property without any right or permission to be there. They have no legal basis for being on the land.
Squatters, on the other hand, start out as trespassers. However, they may eventually try to claim legal rights to the property through something called “adverse possession.” The big difference is that a squatter intends to take possession of the property as their own. They’re not just hanging out; they’re trying to establish residency.
This distinction is legally significant. Trespassers can be removed immediately. Squatters, depending on how long they’ve been there and whether they meet Tennessee’s requirements for adverse possession, may require a formal eviction process.
Keep in mind that a squatter’s rights aren’t automatic. They have to meet all the conditions for adverse possession before they can legally claim the property as their own.
Removing a Squatter: The Eviction Process in Tennessee
If you find someone living on your property who isn’t paying rent and doesn’t have your permission, you’ll need to go through the formal eviction process to get them to leave. You can’t just change the locks or physically remove the person yourself. Self-help evictions like that are against the law and could land you in legal trouble.
Legal Steps for Eviction
Here are the steps you’ll need to take:
- Serve the squatter with a written notice to vacate.
- File an unlawful detainer lawsuit with the court.
- Obtain a court order for eviction.
- Have law enforcement remove the squatter from your property.
Be aware that the eviction process can take time and you’ll likely incur some legal expenses along the way.
Defenses a Squatter Might Use
A squatter might try to fight the eviction by claiming they have a right to be there through adverse possession. To do this, they’ll need to show evidence to support their claim. This might include demonstrating continuous possession of the property, that their use of the property was open and obvious, and that they had “color of title,” meaning they believed they had a legitimate claim to the property, even if that claim wasn’t legally valid.
It’s important for you, as the property owner, to present a strong case to counter these defenses.
The Role of Law Enforcement
Law enforcement plays a key role in enforcing eviction orders. They are the ones who are authorized to physically remove the squatter from your property. However, they will typically require a court order before they’ll take any action.
How to protect your Tennessee property from squatters
The best way to deal with squatters is to prevent them from occupying your property in the first place. Here are some steps you can take:
- Inspect your property regularly. Look for any signs of unauthorized entry or occupation, like broken windows or damaged doors. Even small changes could indicate a problem.
- Secure your property. Install strong locks on all doors and windows. Consider a security system or “No Trespassing” signs to deter potential squatters.
- Maintain your property. An unkempt property looks abandoned and is more attractive to squatters. Keep the lawn mowed, bushes trimmed, and the exterior in good repair. If you can’t do it yourself, hire someone.
- Notify local law enforcement. Let the local police know about any vacant properties you own. This can encourage them to increase patrols in the area. Building a relationship with local authorities can be helpful.
- Hire a property management company. If you have multiple vacant properties or can’t regularly check on them, a property management company can provide oversight and maintenance.
- Take prompt legal action. If you discover a squatter on your property, don’t delay. Start the eviction process immediately. Time is of the essence.
The Bottom Line
In Tennessee, squatters might be able to claim ownership of your property through adverse possession, but they have to meet very specific requirements to do so. As the property owner, you have the right to evict a squatter, but you must follow a formal legal process.
The best way to deal with squatters is to prevent them from occupying your property in the first place. You can protect your rights by regularly inspecting your property, taking basic security measures, and, if necessary, taking legal action as soon as you discover someone is squatting on your land.
If you find yourself in a squatting situation, contact a qualified Tennessee real estate attorney. An attorney can explain your rights, guide you through the eviction process, and help you take the necessary steps to protect your property. Adverse possession laws can be complex, so it’s essential to get accurate legal advice tailored to your specific circumstances.