Nevada Squatter Laws
Nevada squatter laws allow an individual to make an adverse possession claim if they live on, maintain, and pay taxes on an unoccupied property for 5 years.
Written by Katherine Duffy
Reviewed by Melanie Reiff
In
Nevada
, a squatter may claim ownership over a property if they’ve lived, maintained, and paid property taxes on the property they’ve lived on for a continuous five years. While the term “squatter” is laden with negative connotations, you might be shocked to discover that squatters are entitled to legal property rights in Nevada.
If you own unoccupied property in Nevada, it’s important to understand how squatter laws work so you can protect yourself and your property.
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Who’s considered a squatter in Nevada?
In the state of Nevada, a squatter is defined as “a person who takes up residence in an uninhabited or vacant dwelling and knows or has reason to believe that such residency is without permission of the owner of the dwelling.”
Squatting is a gross misdemeanor in Nevada and squatters can face legal consequences.
Squatting vs trespassing vs holdover tenants
Squatter or trespasser—what’s the difference and why does it matter? While distinguishing between these terms might seem like splitting hairs, there’s actually one very important difference.
A squatter lives in an unoccupied dwelling while a trespasser lives on your property while you or someone else legally occupies it.
Holdover tenants are a different case altogether. If a tenant stays on a property after their lease is up, it might qualify as trespassing if the landlord objects. But, if the tenant keeps on paying rent and the landlord accepts these payments, the tenants become legal tenants at will.
Adverse possession laws in Nevada
While squatting (if caught) is a gross misdemeanor in Nevada, squatters do have legal rights. The most notable protection squatters have is their legal ability to make an adverse possession claim over your property and against your ownership after five years of uninterrupted occupancy there.
The squatter must show proof that they’ve paid property taxes all five years of occupying the property for the claim to be successful.
Before filing this claim, squatters need to meet five key requirements to make an adverse possession claim over your property:
They must’ve lived on the property for five years
These years must have been uninterrupted, meaning there can’t be any interference from the property owner or law enforcement during the squatter’s occupancy.
The squatter has to be the sole occupant of the property
To successfully make a claim, the squatter has to be alone in their occupancy of the property. If other squatters, tenants, strangers, or even the property owner also occupies the property, the claim will be unsuccessful.
The squatter must physically live on and maintain the property
This means that the property acts as the squatter’s home and they maintain the property as if it was their own. This means keeping up with building maintenance, taking care of the lawn, and using the property like one’s home.
The claim must be hostile
This doesn’t mean the claim is violent. Instead, the claim must fit one of three legal definitions of the term hostile:
- Good faith mistake: This means the squatter is acting on an incorrect land deed without knowing it’s incorrect. They’ve been using the property “in good faith” in this situation.
- Awareness of trespassing: In this situation, the squatter must know that they’ve occupied the property illegally.
- Simple occupation: In this case, the squatter may not be aware the land belongs to someone else or had no reason to believe they were acting illegally.
Key takeaway if a squatter lives on your property for five uninterrupted years, they can make an adverse possession claim over your property. They need to pay property taxes, maintain the property, live alone, and fit the hostile claim definition.
Does Nevada honor color of title claims?
Some states recognize “color of title” claims, which don’t require squatters to provide complete paperwork for an adverse possession claim.
However, Nevada does not honor this type of claim: squatters must provide all the necessary paperwork in order to process a claim.
How to protect yourself from squatters
Although squatters can claim adverse possession of your property in Nevada, lawmakers have recently made it easier to remove squatters from your property.
In Nevada, police are now able to charge squatters with a gross offense charge, making it much easier to remove them from your property.
Aside from calling the police promptly if you notice squatters on your property, here are a few ways you can protect yourself and your property from squatters:
- Visit often: If you’re away from your property for long periods, it’s easier for squatters to take possession.
- Install locks and alarms: If you’re not living on your property full-time, installing a decent security system and locks on all windows and doors can prevent unwanted entry.
- Pay property taxes promptly: Because property taxes are a key component for all adverse possession claims, paying your taxes on time can prevent others from laying claim to your property.
- Keep utilities shut off at unused properties: Keeping your water and electric utilities unusable while no one is occupying the property makes your dwelling unattractive to squatters.
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FAQs
Is squatting illegal in Nevada?
Yes, squatting is a gross misdemeanor in Nevada and squatters can face serious legal consequences. A successful adverse possession claim is one way out of facing legal consequences for committing this crime.
Do squatters have to pay property taxes in Nevada?
If a squatter plans on submitting an adverse possession claim after five years of living uninterrupted on someone’s property, they’ll have to pay property taxes for each of these years. Squatters aren’t legally entitled to pay these taxes, though, as squatting is illegal in Nevada.
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