Utah Squatter's Rights & Adverse Possession Laws for 2024 | Rights, Laws, & Protections

Squatters may seem like criminal trespassers in the eyes of landowners- but in the eyes of the law, that is not always the case. They have rights- and understanding those rights is the key to being able to protect your property from unwanted invasion and the threat of takeover.

Utah is tough on squatters- enforcing many rules and regulations on who can claim adverse possession. Some things apply to squatters across the country- and others make Utah a little different.

Here is all you need to know as a landlord or property owner about squatters' rights and Utah- and what responsibilities you have to keep your land safe.

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Utah Squatters Rights

• Squatters can occupy a property without being considered criminal trespassers until the true owner officially asks them to leave.
• If they remain on the property for seven years- while following all the rules and regulations- they can make a move for legal title through an adverse possession claim.
• They also have the right to dispute an eviction notice- at which point the case is taken to court.
• Property taxes and color of title are both required to qualify for an adverse possession claim- and only after seven years of continuous possession of the property can they apply.
• Only the sheriff has the right to remove a squatter. Local law enforcement can help with criminal trespassers, but not a squatter who is following the rules and has not yet committed any crime.
• Squatters cannot occupy state or federal government-owned property.

Squatters & Landlords

The main worry for Utah landowners when it comes to squatters is the chance of them claiming adverse possession and taking over legal ownership of the property. Luckily for owners, it is not easy for squatters to make this claim successfully.

Squatters' rights affect the owner's ability to access and rent their property- and it has an impact on their time. Evicting a squatter is not difficult- provided you act quickly- and the squatter hasn't met the conditions for adverse possession- but it is time-consuming.

Adverse Possession Laws

An adverse possession claim can be made by a long-term squatter who has held occupation in accordance with Utah laws and regulations. It may seem like a strange rule- to let someone take over ownership of another person's property- but the legal exists for a good reason.

Sometimes, people abandon their properties- which then become derelict eyesores in the community. In some cases, they can even pose health and safety risks. In these situations, a squatter that moves in and looks after the property is beneficial for the community.

Adverse possession law is a fairly old legal doctrine intended to manage the abandoned property. It is not designed to take away property from responsible owners- but to reward those who put the effort into caring for a property that the owner has stopped looking after.

As long as you fulfill your basic duties as a landlord or owner, your property should not be at risk of adverse possession by squatters in Utah.

Adverse Possession Claim

What exactly does a squatter need to do to qualify for an adverse possession claim? The rules vary in the different states, but these are the conditions for Utah state. Many of the conditions are in line with the majority of other states, but there are some extra specifications required for a Utah adverse possession claim.

Actual Possession

The most basic rule of adverse possession is to be physically present on the property. Actual possession is also defined as a squatter treating the property as if they are the actual owner- including taking steps to maintain and even improve the space.

In Utah, squatters can prove actual possession by providing documents showing their efforts to make improvements- such as photographs of beautification projects, receipts for work done, and reports of steps taken.

Showing actual occupation is the first step to claiming adverse possession. Being physically present on a piece of land is usually not enough under Utah law- there must also be proof of improvements and investments. Proof via written instrument in Utah can include adding an enclosure, landscaping or cultivating the land, or inputting irrigation costing at least $5 per acre.

Hostile Claim

A hostile claim, in the legal sense, means occupying an abandoned or vacant property without permission. It does not have anything to do with violence or dangerous behavior.

In Utah, the good-faith mistake definition of hostile claim is also accepted- meaning the squatter has color of title that they genuinely believed gave them rights as a property owner. They may also make a good-faith mistake in believing there is no owner and that they were doing no wrong by being there.

Openly Inhabiting the Property

Open and notorious possession is a condition for adverse possession in all states. It simply means the squatter is not hiding their presence- or doing anything that could be construed as an attempt to conceal it.

In other words, it has to be obvious that they are there- to the point that neighbors can tell someone is there, and a visiting owner would be able to immediately realize they have a squatter.

This law is in place to give owners the opportunity to spot squatters well within the timeframe of adverse possession- leaving no excuse to miss the window to have them legally removed before they gain legal title.

Exclusive Possession

Another rule that applies across the US is exclusive possession. Only one squatter (or a group that can prove they are together- a family or couple, for example) can occupy a property if they plan to make an adverse possession claim and take over ownership.

Multiple squatters sharing one space are considered trespassers as soon as the true owner complains- since they have no legal right to be there.

Continuous Possession for Seven Years

The most important element of adverse possession is the length of time a squatter holds occupancy without interruption. In Utah, they must live on the property continuously for seven years. There is no way to reduce the time requirements.

Paying Property Taxes

Utah squatters must pay property taxes for the entire seven years to qualify for adverse possession. As long as you pay your taxes on time, nobody should be able to take legal action to gain ownership.

Color of Title

Another condition required by Utah laws is color of title on any property claimed under adverse possession. Some states do not ask for this, but Utah does. Color of title is an irregular form of ownership- or claim to the legal title.

In Utah, this can be ownership documents with something missing- or an error in the text.

Evicting Squatters

The standard judicial eviction process is the correct legal procedure for removing squatters. Utah eviction laws do not include special allowances for disabled owners- but there is a special note for dealing with a squatter.

Evictions begin with a five-day notice to quit as a tenant at will. It does not offer them the chance to pay rent or create a lease- it only gives them five days to leave peacefully without any legal intervention.

If they do not leave, the next step in Utah's judicial eviction process is filing an eviction lawsuit with the county court. Once filed, the squatter can dispute the case- but unless they have a legal claim, the ruling is almost always in favor of the true owner.

After the eviction is granted by a judge, a final writ order for restitution is served, and they must remove their belongings and vacate the premises. At the same time, a request for a hearing regarding the writ's enforcement must be filed in case the squatter wants to complain about how it was carried out.

Regardless of whether or not they choose to dispute the method of enforcement, they can now be removed by the sheriff.

Protect Your Property

It is better to prevent squatters from entering your property if possible- rather than dealing with trying to evict them. Even if they do get into your property, you can make certain moves to make it harder for them to attempt adverse possession.

• Install a fence or boundary marker. Simple fencing timber is fine- but you can go further with solid walls and gates.
• Make sure all your doors and windows are closed and locked. Also, consider putting in an alarm system and security cameras to spot would-be squatters before they get in.
• Visit the property regularly. Adverse possession claims rely on having a long time to settle on a property- which they can't do if you are checking up on things often.
• Ask neighbors to be on the lookout for suspicious activity. They might be able to spot something before you make your next visit.
• Maintain your property and pay property taxes on time!
  

In short, the best way to protect your property from squatters and adverse possession is to take care of it and not leave it unsupervised for too long at a time. Acting quickly is a must- you don't want to give them any more time than they already had to solidify their claim.

Frequently Asked Questions

What counts as color of title in Utah?

To gain legal title through adverse possession in Utah, squatters must have documents that show ownership in some irregular way. This could mean a missing document for the ownership rights or a text error in the title.

Can landlords remove squatters themselves?

A squatter's rights prohibit landlords and property owners from forcibly removing them. In general, landlord-tenant rights and laws do not allow property owners to interfere with the squatters or holdover tenants in any way during or after the eviction process.

Turning off amenities or changing the locks both count as unlawful interference- and could result in a court case against you.

Is squatting a criminal offense in Utah?

No- not necessarily. Squatting itself is not a crime- not until the owner issues notice that they do not give consent for them to remain. If the owner goes through the eviction process and wins and the squatter does not leave, they are then classed as criminal trespassers.

Are squatters and holdover tenants the same according to Utah law?

There are some differences between squatters and holdover tenants- although the process to evict them is pretty much the same.

First, a holdover tenant is someone who used to pay rent and had a lease, but it has expired and they haven't left. It is possible to agree to lease extensions with holdover tenants on a rolling basis if they agree to keep paying rent. If they refuse to pay rent but don't leave, they become a tenant at will.

Squatters usually did not have any lease, to begin with- and have never paid rent.

An important difference between squatters and holdover tenants is that the latter cannot claim adverse possession.

You also need to consider security deposit laws if dealing with a holdover tenant that paid a deposit.

Summary

Adverse possession may allow squatters to obtain ownership- but only after seven years of continuous possession and the following of many strict rules and conditions. The biggest worry should be losing time and money in battles to evict short-term squatters and trespassers.

Remember, responsible owners who take care of their properties are unlikely to fall victim to adverse possession- but squatters can also get into well-looked-after areas. If this happens, know your rights- and theirs- and act quickly.

Having all the necessary legal forms downloaded and ready to go can help save time in all landowner duties and tenant interactions. Be prepared, and get the most out of your property.