What is Squatting?
What is squatting? At its simplest level, squatting refers to the act of occupying an abandoned, unoccupied, or vacant piece of property. Property owners should be aware that a squatter can be defined as any occupant of a property that:
Many property owners fail to realize that even short-term occupancy of a property can legally constitute squatting. Thus, any resident that willfully remains on the property after being asked to leave, for example, may be subject to legal action. As such, while the duration of the occupancy does not have much of an impact on the definition of a squatter , it will certainly play an important role in the legal proceedings that may follow a forcible eviction. Other factors that many squatting laws take into account include the following:
It is not uncommon for squatters to exert their claim to a property by making undesirable alterations to the premises. These changes can include anything from deliberately damaging the property or failing to pay maintenance costs on the home to intentionally having a registry or license transferred to the property address. In such cases, it is up to the property owner to provide evidence that the squatter is in no way connected to the asset, which can be especially troublesome in the absence of a consistent and reliable management entity.
It is important to understand that in most cases, squatting is not inherently illegal. Instead, occupying a property without permission becomes illegal only when:
Overview of Nevada Squatting Laws
In Nevada, the legal framework regarding adverse possession – the method through which a squatter can gain legal title to a property – is defined in Chapter 40 of the Nevada Revised Statutes. The law varies substantially from one state to another, so understanding these laws can make a big difference for both squatters and property owners.
Under NRS 40.050, an individual must meet certain minimum requirements to establish title to a property via adverse possession. To take possession under adverse possession laws, the squatter must: If any of these requirements are not met, a squatter cannot legally displace the current owner or inhabit a property.
In Nevada, a squatter is actually not a trespasser. Trespassing requires that an individual knowingly forcefully enter a property, intentionally commit a crime, deny that they own the property, and/or willfully destroy property. Because adverse possession is used to gain legal rights over a property, a squatter cannot be recognized as a trespasser for legal purposes. Instead, a squatter is known as an inchoate possessor. Whether a squatter may seek legal action for ejection depends on the circumstances surrounding their presence in the home and the owner’s awareness of the situation. If a squatter seeks to obtain a court order to remove an owner from the home that they did not rent or lease, they can do so after 5 to 20 years of prescriptive possession, depending on the type of possession granted. After an owner has been ejected, they have 5 days from their removal to reclaim their property.
Nevada Adverse Possession
Adverse possession is a legal doctrine that allows a squatter in Nevada to claim legal ownership of a property without payment or compensation to the property owner.
To adversely possess, the squatter must:
If a property owner has temporarily left their home and ceased paying property taxes, that action doesn’t necessarily permit a squatter to claim ownership.
To be eligible for adverse possession, the squatter must file a complaint in the district court in the county where the property is located. If the court determines all of the above criteria are met, then the squatter may be granted relief and become the legal owner of the property.
Homeowners Rights and Remedies
Homeowners in Nevada facing problems with squatters have a number of rights and remedies at their disposal. The state of Nevada provides property owners with the legal recourse to pursue formal eviction proceedings against the squatters as a method of gaining legal possession of their property.
The first step in this process is for the property owner to provide written notice to the squatter(s) on his or her property, indicating that they have been identified as trespassers and requesting that they leave the property. After the notice has been provided, the property owner can fill out an informal Landlord-Tenant Eviction Procedure form and file it with the justice court, in accordance with NRS 40.2512. This is the beginning of what is referred to as a summary proceeding. The property owner must give up the name of the squatter, as well as his or her own phone number so that the court can contact the owner with any questions.
After the justice court has processed the paperwork, a hearing will be scheduled to which both the property owner and the squatter must be present. While there is no requirement that parties be represented by a lawyer, it is recommended that the property owner have access to legal advice to avoid any mistakes that could prolong the process. During the hearing, evidence will be presented by both sides and a decision will be made by the judge on whether a formal eviction notice will be issued. If the judge rules in favor of the property owner, a Writ of Possession will be issued to give the constable permission to remove the squatter’s belongings immediately from the property in question.
Once a Writ of Possession has been issued, the property owner can begin to take legal action against anyone who has been trespassing on the home. Unfortunately, the state does not go to great lengths to prevent squatters from returning after they have been evicted, so the best course of action may be to physically block the entrances to the property after the initial squatter has been removed.
Consequences of Squatting
Squatters who know they are trespassing and knowingly occupy the property without consent from the owner of the property could face criminal charges. In some exceptional circumstances, Nevada law even provides a criminal penalty for chronic or habitual trespassers, or people who have had prior criminal convictions for trespass. Under NRS 207.200, misdemeanor criminal trespass is defined as:
… any person who provides or enters upon…[,] real property, any portion of any building or other structure appurtenant to real property under circumstances not amounting to burglary, for the purpose of committing an unlawful act:
Any person convicted of a first offense of trespass is guilty of a misdemeanor and shall be punished by a fine of $1,000 and may be ordered to perform community service of not less than 50 hours nor more than 100 hours . A person shall not be punished for a first offense pursuant to this section by imprisonment in jail.
According to NRS 207.200(3), however, a second conviction under this statute shall be punished as a gross misdemeanor. The statute defines "gross misdemeanor" as punishable by either five days to one year in the county or city jail, or both, and/or by a fine up to $2,000. The owner of the property may also seek an injunction to require the removal of the squatter(s).
Criminal penalties typically do not apply to tenants who remain in contact with landlords or property owners and stay behind after having been evicted. Principally, this is because these tenants would not meet the state law definition of a squatter.
Current Cases: Their Effect
Several significant cases in Nevada have shaped the current understanding of squatting within the law. In the 2015 case of Estrada v. Speno, the Nevada Supreme Court upheld the requirement that squatters meet a variety of criteria before they could be granted legal acknowledgment over a property. However, the 2017 case of Hamad v. Qatar Charity extended the legality of squatters’ rights to tenants with a lease agreement, opening the door for additional complications in determining the legal state of a property. On a national stage, the 2018 U.S. Supreme Court case of Allen v. Cooper examined the extent of government power over property that may have been occupied by squatters. This case ultimately affirmed the legality of the right to sue government for property denied to former squatters, underscoring the magnitude of the issue while also complicating the matter of former property possession across the nation. These cases have brought more attention to the problem of squatting, consequently exacerbating the need for property owners to be intimately familiar with the laws governing their own land. As the issue of trespassing continues to receive legal affirmation and attention from the courts, it is likely that the legal landscape will continue to shift to create even more favorable conditions for a potential squatter.
Top Tips to Stop Squatting
Maintaining a physical presence is often a key step in preventing squatting on your property. Generally, a simple action such as mowing the grass, taking out trash, or shoveling snow can be enough to prevent squatters from settling down in an vacant home.
When a property appears vacant and unoccupied, that can sometimes provide an open invitation for squatters to move in and claim the property as their own. By ensuring a physical presence, you can help avoid these situations.
In some cases, however, this can be enough to simply call a property management service that will regularly inspect and maintain your home. It is also advisable to stay involved on a personal level to ensure the property remains secure, without being too overbearing or invasive to guests.
Keep all windows and doors locked when the property is vacant. Test window locks and door locks to confirm that they are working properly. If windows or doors don’t lock , make sure to fix or replace them in order to deter would-be squatters.
If you plan to have your property vacant for a long period of time, consider having a fence put up to further increase your security. This can deter thieves and those looking to occupy your home.
A well-lit area can be a deterrent to any would-be burglar. Leave the porch light on or consider using motion sensor lights. Ensure that any walkways and driveways are well-lit at night as well.
Even if you don’t have a swimming pool to worry about, you should remove any hazards from your property that could pose a risk to anyone who may illegally occupy your property. Place any valuables out of site and consider using window shades or curtains to prevent any prying eyes.
Finally, if you believe squatters have already occupied your property, act immediately to protect your interests and prevent further damage.