squatter laws specify that squatters can qualify for adverse possession and obtain an abandoned property if they reside on it for 20 years, pay property taxes, and cultivate or make substantial improvements to the land.

If a property has been left unoccupied, abandoned, or foreclosed in the US, then squatters can legally move onto the property and eventually make ownership claims.

Whether you are concerned about squatters moving onto your property or you think you might have a legal claim to a property that has been abandoned, it is important to understand your rights and responsibilities.

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Who’s considered a squatter in Idaho?

Squatters are people that live on an unoccupied, abandoned, or foreclosed property without the express consent of the owner. Squatting is a civil act, and squatters in the US do have some legal rights.

However, squatters should be careful to make sure they’re acting legally and not trespassing.

Squatting vs. trespassing vs. holdover tenants

The main difference between squatting and trespassing is that squatting happens on unoccupied land where squatters have not been explicitly informed that they are unwelcome.

If this situation applies, the squatter may apply for adverse possession and make a legal claim to the land after a certain period has elapsed.

However, if the property is occupied, or if there has been verbal or written communication that individuals are unwelcome, then the unwanted occupant is trespassing, which is illegal. This communication may include “No Trespassing” signs or a posted eviction notice.

A third situation is holdover tenancy, which is when a tenant stays in a rental property after their lease has ended. The landlord may consider this trespassing and evict the tenant or continue to rent the property to the tenant anyway, in which case the tenant becomes a “tenant at will.”

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Adverse possession laws in Idaho

If squatters are legally residing on a property, they can eventually make an adverse possession claim for ownership of the property. This can be done regardless of whether the original owner technically still has ownership of the property.

There are five main requirements for adverse possession outlined in US federal law:

Hostile possession

Active possession

Open possession

Exclusive possession

Continuous possession

Note that squatters cannot claim adverse possession on property owned by the federal or state government.

In Idaho, there are some important variations/additions to these requirements:

A squatter must reside on the property for 20 years. This requirement is one of the longest in the country and is a major increase from the former requirement of five years.

Squatters must pay all levied taxes on the property for 20 years.

Squatters must erect a “substantial enclosure” or cultivate or improve the land.

Hostile possession

To be considered for adverse possession, the squatter must not have expressed permission to live on the property. There are three scenarios covered under the definition of hostile possession:

Simple occupation: The squatter occupied the property without knowledge of who the owner was

Awareness of trespassing: The squatter knows who the property belonged to but was not expressly unwelcome (the property was unoccupied)

Good faith mistake: A property owner incorrectly believed that some adjacent property was a part of their deed and began to treat it as their own

Active possession

Squatters must be actively living on the property and using it as a “normal” owner would. This includes completing renovations and maintaining/repairing the property as necessary.

Open and notorious possession

Squatters must not hide their presence on the property. It should be obvious to anyone that someone is squatting on the property, including the original owner if they decide to check in on the property.

Exclusive possession

There can only be one squatter on the property for a successful adverse possession claim. This means that you cannot be squatting with a group of people or trying to fulfill the possession requirements as a collective.

Continuous possession

Squatters making a claim must have been using the property continuously for the required period outlined by the state legislature relevant to the property.

In Idaho, that means living on the property for 20 years without any significant absences.

Key Takeaway There are five key criteria a squatter needs to meet to qualify for adverse possession. In Idaho, the possession period must total at least 20 years.

Does Idaho honor color of title claims?

Color of title is a claim to property ownership by irregular means. It basically means that someone has come into ownership with a defective or otherwise invalid title (instead of a current, legal one).

The state of Idaho honors color of title claims as legal ownership of the property. If a squatter meets the requirements for adverse possession, they can make a color of title claim for ownership of the property.

After 20 years of residence, a squatter may be able to obtain the property if they show evidence of the five types of possession outlined above and records of having paid property taxes.

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How to protect yourself from squatters

If you’re worried about dealing with squatters on your unoccupied property, there are some simple and effective precautions that you can take.

Check on your property occasionally or have someone you trust make appearances for you

If your property has any structures on it, install locks and alarms to prevent unwanted entrants.

If you are going to be away for a long time, make it clear that potential squatters are unwelcome and post clear “no trespassing” signs.

Since squatters in Idaho are required to pay property taxes, make sure that you pay your taxes promptly so they don't have the opportunity.

If you need to vacate squatters from your property, first simply ask them to leave. If they refuse, go to the police and serve them an eviction notice.

If the police find you have a civil case on your hands, you’ll need to file for an unlawful detainer lawsuit and take the person to court. If the judge rules in your favor, you will have to present a writ of restitution to the sheriff. Only a sheriff can legally remove a squatter.

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FAQs

Is squatting legal in Idaho?

Yes, as long as the property is unoccupied and the squatter has not been explicitly unwelcome from the property.

Do squatters have to pay property taxes in Idaho?

Yes. In order to qualify for adverse possession in Idaho, squatters have to pay any levied taxes on the property for 20 continuous years of residence.

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