The Eviction of Squatters

Adverse Possession

• A squatter is anyone who settles on the land of another without legal authority, according to the Lectric Law Library, an online legal resource. In the United States, as well as in other countries such as Canada and the United Kingdom, a squatter can obtain title to a piece of real estate through the legal doctrine of adverse possession. The doctrine is based on two premises: first, that land should not lie idle, as idle land does not benefit the community; and second, that ambiguity regarding land ownership should be clarified, according to US Legal, an online source of legal information.

Defeating Eviction

• The squatter can defeat your attempt to evict her by establishing the preconditions for adverse possession. Although specific requirements vary from state to state, in all cases she must have taken possession of the land for a certain minimum period in a way that was open, notorious, visible and hostile, says William Hoffmeyer, an attorney quoted by Jim Dino of "The Standard Speaker." Generally, "open, notorious and visible" means the squatter's occupation of the land must be plain for all to see and commonly known. "Hostile" means the squatter's use of the land must violate the owner's intentions, Hoffmeyer says.

Defeating Adverse Possession

• You can defeat adverse possession, and thereby set the stage for eviction, by acting before a deadline determined by state law to either forbid the squatter's use of the land or allow it. (Allowing it nullifies the claim that the squatter's use of the land is hostile.) To forbid use, the owner simply needs to inform the squatter that, if she fails to depart, she will be charged with trespassing, Hoffmeyer says. To allow use, sending the squatter a note granting permission to use the land is usually enough, according to US Legal.

State Rules

• Referring to property laws of the state in which the land is located, the owner can demonstrate that the squatter, even if she might have prevailed in another state, has failed to meet this state's requirements for adverse possession. For example, the minimum time period for which a squatter must occupy land before becoming eligible for title to it varies from state to state, according to Law Database, an online source of legal information. Some states require the squatter to have paid property taxes. Others require that the squatter must have made improvements to the land, according to US Legal.