Tennessee Squatter Laws
Under the right circumstances, a squatter who lives on a Tennessee property continuously for 20 years could obtain ownership of it.
Written by Melanie Krieps Mergen
Reviewed by Melanie Reiff
If you own property in
Tennessee
, it’s helpful to know what state law says about squatting so you can avoid the legal headaches that can come with an adverse property claim. If a squatter has lived on a property continuously for 20 years in Tennessee (or seven years with a color of title), there’s a chance they could claim the property as their own. It might sound strange if this is your first time hearing about adverse property claims, but it’s actually true: a squatter could end up owning a property after a certain amount of time under the right circumstances.
To help you learn more,
Jerry
, the super app
for car
and home insurance
has created this introductory guide to squatter laws in Tennessee. Keep reading to learn who’s considered a squatter, what circumstances influence an adverse property claim, and how you can reduce the odds of dealing with an unwanted squatting situation on your property. RECOMMENDED
Compare auto insurance policies
No spam or unwanted phone calls · No long forms
Who’s considered a squatter in Tennessee?
Squatting is when someone lives in an abandoned or otherwise unoccupied property that doesn’t belong to them without permission from the property owner.
Something that may come as a shock to some is that if a squatter lives on a property long enough, they could actually have a chance to claim the property as their own.
Gaining ownership of a property with no down payment? The prospect can be especially appealing to someone looking for a property at a discount, or it can come as a relief to someone who believed they rightfully obtained legitimate ownership over a property but hadn’t.
On the flip side, it’s also one that can make current property owners nervous about losing property that they legally own.
State laws are always subject to change, so it’s always a good idea to brush up on where Tennessee squatting laws currently stand and consult with a legal expert as needed.
Squatting vs. trespassing vs. holdover tenants
The lines between squatting and trespassing are complicated and can often become blurred.
Generally speaking, though, two key factors can mark the differences between squatting and trespassing: whether the property owner has informed the squatter they aren’t welcome on the property and how long the squatter has occupied the property.
If a property was marked with “no trespassing” signs or was occupied and another person tried to take up residence there, these would typically be instances of trespassing.
However, if a person managed to live on an unoccupied property for a certain amount of time without an owner’s knowledge; and therefore was never asked to leave, they could transition into squatting territory.
Another complicated situation can arise in the case of holdover tenants or tenants who refuse to leave a property after their lease has ended. Generally, if they were to make an additional rent payment that the landlord accepted, they could become at-will tenants (which would then require certain legal proceedings to address), but a holdover tenant could be considered a trespasser once served with an eviction notice.
Adverse possession laws in Tennessee
To make an adverse property claim in Tennessee, a person must live on the property for 20 consecutive years and have paid property taxes during that time (or, with a color of title, seven years).
The following are general criteria that have to be met when making an adverse possession claim:
Hostile possession
Hostile possession, which isn’t quite as intense as it sounds, is when someone has occupied property without the owner’s permission.
That doesn’t necessarily mean a squatter’s doing so intentionally. Hostile possession would include someone living on a property knowing that it belongs to someone else, but it also includes those who mistakenly occupy the property in good faith—like if they received an invalid deed for the property that they thought was legitimate.
Actual possession
Actual possession refers to living on a property the way an owner typically would—which includes making improvements or repairs as needed, keeping up with maintenance, and paying property taxes.
Open and notorious possession
If you were to decide you wanted to make an adverse property claim, hiding in the property’s shadows won’t do you much good. Open and notorious possession refers to occupying a property in a manner that would be obvious to neighbors, visitors, and people passing by.
Exclusive possession
A squatter must also occupy a property exclusively for the required amount of time rather than sharing it with a group of people to make an adverse property claim.
Continuous possession
A person making an adverse property claim must also occupy the property continuously for a certain amount of time, so you wouldn’t have much luck occupying a property seasonally.
In Tennessee, a squatter would have to occupy a property continuously for 20 consecutive years, or seven with a color of title.
Does Tennessee honor color of title claims?
A “color of title,” which is sometimes called an “apparent title,” is a title for a real property that appears to be legitimate but isn’t.
As an example, this could happen if someone were to purchase a property and the deed had an error that was missed by the buyer, seller, and country recorder.
With a color of title in Tennessee, a person could obtain full ownership of a property once they’ve lived on it for seven years.
How to protect yourself from squatters in Tennessee
Adverse property claims often happen with absentee property owners. If you own property in Tennessee, here are some precautions you can take to reduce your odds of having to deal with an adverse property claim:
- Visit the property regularly: Adverse property claims often happen with absentee landowners who don’t frequently maintain or check in on their property. Paying regular visits to a property you own can help lower the chances of someone squatting there. If you’re making routine visits, you’ll also be likely to pick up on signs that someone has started squatting on your property, allowing you to address it before they can claim it.
- Use “no trespassing” signs: Placing “no trespassing” signs on property entrances clarifies that unexpected visitors aren’t welcome on your property and could potentially give you more legal standing if you do have to deal with a squatting situation.
- Install a security system: Locks can help secure your property from unwanted visitors, and an alarm system can alert you when someone has tried to enter your property. Using security cameras can help you monitor the property while you’re away and provide you with evidence of trespassing if you need it.
- Pay property taxes on time: Since paying regular property taxes is an important component of making an adverse property claim in Tennessee, ensuring you pay yours on time can help reduce the odds that someone else ends up paying them instead.
If you learn that someone has started squatting on your property, there are some actions you can take to reclaim it:
- Give written notice: Provide someone who’s been squatting on your property with a written notice that informs them you own the property and that they don’t have permission to be there.
- Offer to rent out your property to them: While this may seem counterintuitive, a squatter couldn’t make an adverse claim on a piece of property if they became a tenant.
- Follow Tennessee eviction proceedings: If a squatter refuses to vacate even after you’ve requested they leave, you might have to follow Tennessee’s eviction proceedings.
When it comes to removing a squatter from your property, there are also actions you’ll want to avoid. That includes escalating the situation by making threats or shutting off the property’s utilities. These could leave you dealing with additional legal headaches in addition to the main problem you’re trying to resolve.
The best way to address a squatting problem on your property will depend on the circumstances of your particular situation, so it might be a good idea to seek legal counsel before deciding what action to take.
How to find affordable home and car insurance in Tennessee
If you’ve never used the Jerry app before, all you have to do is answer a few quick questions, which take less than a minute. Then, Jerry will present you with personalized quotes from top insurance providers so you can pick the right policy for you at the right price.
Jerry users save an average of $887 per year on
car insurance
alone, and you can bundle it with your home
or renters insurance
to find additional savings. How much could you save? You’ll have to get started to find out!
“My policy covers two people and four cars: a truck, SUV, convertible, and muscle car.Jerryhelped me go from paying $308 a month to $125 a month with the same coverage. I’m loving the savings.” —Jocelyn A.
RECOMMENDED
Thousands of customers saved on average $887/year on their car insurance with Jerry
This app is great, but the customer service is even better! Not to mention convenient! My husband and I got the lowest rate (much lower than the rates I was finding online through my own searches), quickly, and pretty much all through text message! Thank you so much for a hassle free experience👍
Gabriella R.
Find insurance savings
4.7/5 Rating on App Store
FAQs
How long can squatters stay in Tennessee?
To make an adverse possession claim in Tennessee, a squatter would need to live continuously on a property for at least 20 years and have paid property taxes during that time—or just seven with a color of title.
Do squatters have to pay property taxes in Tennessee?
A squatter can make an adverse property claim in Tennessee if they’ve occupied the property continuously for 20 years—seven with a color of title—and have regularly paid property taxes.
Is it illegal to squat in a home?
Whether it’s illegal to squat in a home will depend on the situation’s circumstances and local laws. Once a squatter has been informed they don’t have permission to occupy a property, it’s likelier that the incident can be classified as illegal trespassing.
Save an average of 18% by bundling your home and auto insurance
Bundle your home and auto insurance with Jerry and save!
4.7You might also be interested
