Wyoming Squatter Laws
If a squatter has lived on a Wyoming property continuously for at least 10 years, they may be able to claim ownership of it through adverse possession.
Written by Melanie Mergen
Reviewed by Melanie Reiff
If a squatter has lived on a Wyoming property continuously for at least 10 years, they may be able to claim ownership of it through adverse possession. Understanding squatter laws can help you avoid the legal headaches that can come this claim.
It might sound impossible if this is your first time hearing about it, but it’s true: a squatter could obtain ownership of a property without making any payment if they’ve lived on it continuously for a certain amount of time.
This doesn’t apply to government-owned property, though, so good luck if you’re trying to claim a piece of Yellowstone for yourself.
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Who’s considered a squatter in Wyoming?
Squatting is when a person lives on an abandoned, foreclosed, or otherwise unoccupied property that doesn’t belong to them without the property owner’s permission.
However, if they squat on the property long enough, there’s a chance that they could claim ownership of the property themselves.
Owning a Wyoming propertywith no down payment? This possibility may sound shocking, especially if you’ve never heard of an adverse possession claim before. Under the right circumstances, a person can claim adverse possession of a property after living on it for a certain amount of time, which will vary by state.
In Wyoming, a person will generally have to live on a property for 10 years to make an adverse possession claim.
State laws are always subject to change, so it’s always a good idea to brush up on where Wyoming squatting laws currently stand and consult with a legal expert as needed.
Squatting vs. trespassing vs. holdover tenants
There can be a good amount of overlap between squatting and trespassing, making it tricky to discern between the two. Varying local and state laws will also have an impact on how a squatting or trespassing situation will be interpreted.
Generally, there are several factors that can mark the differences between squatting and trespassing. Trespassing is often treated as a criminal offense, while squatting is often treated as a civil matter.
Additional influencing factors include whether a property owner has informed a squatter they’re not welcome on a property, how long the squatter has occupied the property, and whether the property is occupied.
Possession of an occupied property or a property plainly marked “no trespassing” would be easy to categorize as trespassing. However, if a squatter lived on an unoccupied property without the owner's knowledge and wasn't asked to leave, it may be considered squatting.
Another complicated property situation involves holdover tenants, who are tenants that refuse to leave a property after their lease has come to an end. If a holdover tenant has been asked to vacate a property, they typically won’t be able to make an adverse possession claim.
But if they made an additional rent payment that the property owner accepted, they could be considered an at-will tenant, and Wyoming’s eviction proceedings would need to be followed.
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Adverse possession laws in Wyoming
In Wyoming, a squatter must live on a property for at least 10 consecutive years before they can claim adverse possession. If a Wyoming property owner is unable to defend their property against a claim because of a legal disability (which could include being under 18 years old or being imprisoned), they have 10 years after their disability is lifted to do so.
While some states require a color of title or that property taxes must have been paid for a certain number of years before a claim can be made, this isn’t the case in Wyoming.
Adverse possession claims can’t be made against government-owned lands, so if you’re hoping to claim some of Wyoming’s sprawling national parks for yourself, you won’t have much luck.
The following are general criteria that have to be met in the United States when making an adverse possession claim:
Hostile possession
Hostile possession refers to occupying a piece of property without the owner’s permission.
Hostile possession also covers a squatter's intentions when occupying a property. They may do so with or without knowing that it's private property, or that it belongs to someone else. It would also protect mistakes made in good faith, such as believing they had legal possession but held an invalid document.
Actual possession
Actual possession requires that the squatter is actually living on a property and taking care of repairs, improvements, and general maintenance the way an owner would.
Open and notorious possession
To make an adverse possession claim, a squatter would also need to have open and notorious possession. This means they’d have to live in a property in a way that would be obvious to neighbors and passersby, not just coming and going in the dark of night when no one else is around.
Exclusive possession
A squatter must also occupy a property exclusively for a certain amount of time, which will vary by state, and not be shared among a group of occupants.
Continuous possession
Continuous possession requires that a squatter must live on a property uninterrupted for a certain amount of time, so staying on a property for just a season or two out of the year wouldn’t cut it.
In Wyoming, a squatter must live on a property continuously for at least 10 years to claim continuous possession.
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Does Wyoming 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. This might happen if someone attempted to purchase a property and received a title with an error that went unnoticed.
A color of title isn’t necessarily required to make an adverse possession claim in Wyoming, but it could potentially help a squatter’s case if they had one.
How to protect yourself from squatters in Wyoming
If you own property in Wyoming, these are some actions you can take to help reduce the odds that you’ll have to deal with an adverse property claim:
- Visit the property regularly: Regularly visiting and maintaining the property you own can help lower the chances that someone will begin squatting there. With routine visits, you’ll be likelier to pick up on signs that someone has begun squatting on your property, making it possible for you to address the situation before they’re able to make a claim on it.
- Post “no trespassing” signs: By posting “no trespassing” signs on property entrances, you’re making it clearer that your property is private and uninvited visitors on your property aren’t welcome. This could also potentially give you more legal standing if you do end up dealing with a squatting situation.
- Install a security system: Good locks and a reliable security system can help protect your property from unwanted visitors and alert you when someone’s tried to enter it.Security camerascan help you monitor the property when you’re not there and provide you with evidence of trespassing if you end up needing it.
If you learn that someone has started squatting on your property, these are some actions you can take to reclaim it:
- Give written notice: Provide a squatter with written notice that informs them you own the property and they don’t have permission to be there.
- Offer to rent out your property to them: This might not be your first instinct, but a squatter becoming a tenant will change their relationship to the property, and they wouldn’t be able to make an adverse possession claim. This could be an option to consider if your intention is to rent out your property to someone.
- Follow Wyoming eviction proceedings: If a squatter refuses to vacate even after you’ve requested they leave, you might have to follow Wyoming’s eviction proceedings to legally remove them.
Avoid actions that might only escalate your situation, like making threats or shutting off a property’s utilities. These could mean legal repercussions for you that will only add to the legal headache 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’s best to seek legal counsel before taking definitive action.
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FAQs
How long can squatters stay in Wyoming?
To make an adverse possession claim in Wyoming, a squatter needs to live on a property continuously for 10 years.
Do squatters have to pay property taxes in Wyoming?
While some states require a person to pay property taxes for a certain period of time before being able to claim adverse possession, it’s not a requirement in Wyoming.
Is it illegal to squat in a home?
Whether it’s illegal to squat in a home depends on a situation’s particular circumstances and local and state laws. If a squatter has been informed they’re not welcome on the property and has been asked to leave, it’s likelier that the situation will constitute illegal trespassing.
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