Louisiana Squatter Laws
Louisiana squatter laws allow an individual to make an adverse possession claim after they live on and maintain an unoccupied property for 30 years.
Written by Heather Bernhard
Reviewed by Melanie Reiff
Squatter laws in Louisiana state that squatters can legally take possession of a house or property after occupying it for thirty continuous years.
Of course, thirty years is a long time, but it’s not as cut-and-dry as it sounds; there are certain loopholes that may allow a squatter to claim your property sooner.
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Who’s considered a squatter in Louisiana?
In Louisiana, a squatter is someone who chooses to live in an unoccupied, abandoned, or foreclosed property (usually residential) without the permission of the owner. The squatter doesn't own the property or pay any rent.
The U.S. government has protected squatters since the 1850s, drawing a clear line between them and people who commit criminal acts, such as trespassing.
Squatting vs. trespassing vs. holdover tenants
You may think that squatters and trespassers are the same things, but legally there is a distinct difference. In a nutshell, it has to do with whether the property owner tells the occupant that they’re unwelcome.
A squatter enjoys some legal rights, but they become trespassers once you’ve made it clear that they’re unwanted.
Generally, a trespasser is an individual who enters a property without permission or overstays their permitted time on the property when the owner explicitly forbids it. For example, a guest who fails to leave after being asked to do so can be considered a trespasser.
In most states, trespassing is illegal, but the owner must prove that the intruder did not have their consent to enter.
On the other hand, squatters aren’t doing anything inherently illegal if there is no signage or communication telling them they aren’t welcome.
A third category is holdover tenants, or renters who stay in a home or apartment even after their lease has expired. Their continued occupation could be considered criminal trespassing depending on the landlord’s attitude. If the landlord continues to accept their rent, they become tenants at will.
If you would like to charge someone with trespassing and have them removed from your property, you must first make it abundantly clear that they have no right to be there.
Adverse possession laws in Louisiana
Adverse possession (or “acquisitive possession”) laws allow someone who has continuously occupied property to gain ownership after a certain period of time. Laws vary from state to state, but the burden of proof to claim possession often lies on the trespasser.
In Louisiana, land owned by government entities is not subject to adverse possession laws.
To qualify for adverse possession, a squatter must demonstrate all of the following:
Hostile possession
Though it sounds menacing, "hostile possession" is simply used to refer to someone on your land without permission.
In Louisiana, a person can take hostile possession by occupying land without realizing it's private property or by being aware that they are trespassing. In addition, they may make an honest mistake based on incorrect information, such as a phony deed.
Active possession
The squatter must actively possess the property for the state's statutory period, which is thirty years.
While land maintenance is not necessary to make an adverse property claim in Louisiana, it may help the squatter's case if they have been taking care of the building and its surroundings.
Open and notorious possession
“Open and notorious” possession” means that it must be evident to anyone (even the landowner) that someone is squatting on the property. The squatter must not attempt to hide that they are living there.
Exclusive possession
In Louisiana, a squatter must have exclusive use of a property to make an adverse property claim. That means that no one else, including family or friends, can live there or use the property.
Continuous possession
According to Louisiana Civil Code Article 3476, a squatter must have “continuous, uninterrupted, peaceable, public, and unequivocal” possession of a property for thirty straight years to claim it.
However, if the squatter believes they have actual title to the property, this time can be shortened to 10 years.
Key Takeaway In order to successfully make an adverse property claim in Louisiana, the squatter must occupy the property for thirty years and meet a list of stringent qualifications.
Does Louisiana honor color of title claims?
Louisiana does honor “color of title” claims; however, they typically play a minimal role in the adverse possession process.
“Color of title” means that the occupant has taken possession of the property through the usual routes (like buying from a seller), but they are missing essential paperwork (such as a title or deed) or didn’t register the property correctly.
If a squatter has a valid color of title claim in Louisiana, they can gain possession of the property after ten years rather than the usual thirty.
MORE: Subletting in New Orleans
How to protect yourself from squatters
Although squatters enjoy certain protections in Louisiana, there are a few simple ways you can protect yourself and your property against legal challenges brought by squatters:
- Visit often: squatters are more likely to take over if you're away from your property for a long time.
- Secure the property: If your property is unoccupied, block all entrances, cover all windows, and lock every door.
- Post “no trespassing” signs: Legally, it is in your best interest to make it clear that uninvited visitors are not welcome. If you find out someone is staying on your property, serve written notice as soon as possible.
- Pay property taxes promptly: Since property taxes are an essential component of any adverse possession claim, paying your taxes on time can prevent others from claiming your property.
If a squatter does take possession of your property, you’ll have to evict them as if they were tenants to have them removed—especially if they present false papers to law enforcement.
To begin the process, you must serve them with an eviction notice. The squatter may choose to fight it but typically doesn’t have the grounds to do so. Once the court rules in your favor, the squatter will have 24 hours to vacate the property.
Always remember to follow the proper legal channels, as some actions (such as shutting off utilities) could leave you liable for damages.
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FAQs
How long can squatters stay in Louisiana?
In Louisiana, a squatter can stay on your property as long as they want until you take legal action to remove them. If they are there for thirty years or more, they may begin an adverse property claim to take possession of the home or land.
Do squatters have to pay property taxes in Louisiana?
A Louisiana squatter can make an adverse property claim without having to pay property taxes. However, if they do pay property taxes, they may have a stronger case in court.
Is it illegal to squat in a home?
It isn’t exactly legal to squat in a home you don’t own, but you won’t be prosecuted unless the original owner serves you an eviction notice or puts up “no trespassing” signs.
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