North Dakota Squatter Laws
In North Dakota, a squatter can claim adverse possession after 20 continuous years of occupancy, or 10 years with a color of title and all property taxes paid.
Written by Kathryn Mae Kurlychek
Reviewed by Melanie Reiff
To defend their property from adverse possession claims, property owners should be familiar with their state's squatter laws. A squatter can claim adverse possession in North Dakota after 20 years of continuous occupancy—or 10 years with a color of title and all property taxes paid.
Squatting and trespassing have similar reputations, both for illegally occupying a property. But surprisingly, squatting is actually often legal in many places! In fact, squatting is rarely considered a crime, and squatters can be protected by state laws.
State squatter laws vary by state, like landlord-tenant lawns. To be granted legal ownership of a property, squatters must meet a number of criteria.
What are these criteria, and how can you protect your property? To help you out,
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Who’s considered a squatter in North Dakota?
Squatting typically refers to the occupation of an unused, abandoned, or foreclosed property without express permission from the rightful property owner. The unlawful tenant, or squatter, can potentially gain ownership of such properties under certain conditions.
The US government has issued legislation establishing squatter's rights since the 1850s. These rules distinguish between permissible squatting and illegal conduct such as criminal trespass.
Squatting vs. trespassing vs. holdover tenants
Squatter laws clearly distinguish squatting from trespassing—but what exactly is the distinction?
The crucial difference between squatting and trespassing is whether or not the property is already occupied and whether or not the owner has informed the squatters that they aren’t welcome.
Something as simple as a “no trespassing” sign makes the difference in whether an individual is protected under squatter laws or charged with a criminal offense.
While trespassing is a criminal act, squatters have legal protections that make the bulk of squatting cases civil. Only until the property owner has explicitly informed the squatter that they are not welcome can they be considered a trespasser.
What about holdover tenants? In many circumstances, the tenant has already engaged into a legal contract with the property owner. If the tenant remains on the premises after their lease expires, it is technically trespassing, and the landlord can start the eviction procedure.
However, if the renter continues to pay rent and the landlord accepts, they become a tenant at will.
Adverse possession laws in North Dakota
In North Dakota, a squatter can make an adverse possession claim after 20 years of occupancy, or 10 years on the condition they’ve been paying property taxes or have a color of title.
Adverse possession is a principle of law that guides legal acquisitions of another person’s property, usually by way of squatting.
To obtain property via adverse possession, however, there are certain standards that a squatter must meet. While the specifics are determined on a state-by-state basis, most commonly a squatter must be able to prove continuous, exclusive, actual, hostile, and openandnotorious possession of the property.
Let’s break down what each of these terms means:
Continuous possession
Continuous possession refers to the uninterrupted amount of time during which the squatter has been occupying the property. In North Dakota, a squatter must possess a property for an uninterrupted period of 20 years. If they have been paying property taxes on the residence or have a color of title, this period is reduced to 10 years.
A squatter cannot file an adverse possession claim unless there is proof of continuous occupancy of the property.
Exclusive possession
Exclusive possession requires the squatter to be the sole possessor of the property—possession cannot be shared with any other tenants, owners, or squatters. A group of squatters, for example, would not be able to collectively make an adverse possession claim.
Actual possession
Actual possession requires a squatter to remain on and use the property as if it were their own. To claim adverse possession, a squatter must be able to prove they have been present and occupying the property—this can be proven by providing records of property maintenance or upkeep, or other measures that show exercised control over the property by the squatter.
Hostile possession
The term “hostile” may imply aggression, but in the context of adverse possession, it merely refers to the manner by which the squatter came to occupy the property. Namely, there are three types of hostile possession: awareness of trespassing, simple occupation, and good faith mistake.
While the first type covers situations in which the individual knows they’re trespassing, “simple” and “good faith” claims account for cases where a squatter doesn’t realize their presence on the property is unlawful.
Open and notorious possession
A squatter cannot conceal their occupancy in order to acquire land through adverse possession.
That is what open and notorious possession entails: the presence of the squatter must be clear to others, especially those who attempt to conduct a reasonable inquiry of the property.
MORE: Title transfer in North Dakota
Does North Dakota honor color of title claims?
“Color of title” is an especially critical term in North Dakota’s squatter laws, as having one significantly reduces the time in which a squatter must occupy a property before making an adverse possession claim.
What is a color of title? Generally speaking, a color of title is a document that affirms a squatter’s good faith belief in their claim to the property. For example, a color of title could be a defective title to a property or an unregistered deed. At first glance, it appears like a valid legal document—but for one reason or another, it doesn’t actually grant ownership of the property.
Having a color of title in North Dakota (and paying all property taxes) can reduce the time of minimum occupancy by 10 years.
Key Takeaway While North Dakota has certain criteria in place for making an adverse possession claim, having a color of title can shorten the duration of occupancy required by 10 years.
How to protect yourself from squatters
If you’re a property owner in North Dakota, you can help protect your land from adverse possession by following these easy tips:
- Visit often: Extended absences make it easier for squatters to take up occupancy, so be sure to check up on your property often. If you’ll be out of town for an extended period of time, have someone you trust visit the property in your absence.
- Secure the property: Make sure to lock all doors and windows, and seal any other entrances to your property.
- Post signage: Placing clear "no trespassing" signs on your property informs squatters that they are not welcome and protects you from adverse possession claims.
- Pay property taxes on time: Paying your property taxes on time might help you prove your legitimate title and prevent squatters from claiming your property after ten years.
If you do happen to find squatters on your property, you have a couple of options on how to proceed.
You can always offer to rent the property to the squatters—they may be willing to pay for their stay, and you as a landlord will also benefit. However, to vacate squatters from your property you’ll have to follow the state’s judicial eviction process.
This process begins by serving a written notice to the squatter(s), letting them know they’re unwelcome on your property and will need to vacate the premises. If they fail to leave within the designated time period, you’ll have to file a complaint with your district’s court, and both you and the squatter must attend a hearing.
If neither of these methods works, you can contact the local sheriff (not the cops) for assistance. Whatever you decide, be sure to address and remove squatters from your property legally. Turning off utilities or threatening squatters can get you in legal trouble.
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FAQs
How long can squatters stay in North Dakota?
In North Dakota, a squatter must occupy a property for a continuous 20 years before making an adverse possession claim or 10 years with a color of title and all property taxes paid.
Do squatters have to pay property taxes in North Dakota?
Not necessarily, but doing so can help shorten the length of time required to make an adverse possession claim, and may also bolster a squatter’s claim to the property.
Is it illegal to squat in a home?
Although squatting is technically illegal, squatters are afforded legal protections in most states, and the majority of squatting cases are tried in civil court and are not considered a criminal offense.
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