Adverse possession periods range from 5 to 30 years — sorted by risk to landlords (shortest first).
| State | General Period | With Color of Title | Statute |
|---|---|---|---|
| California | 5 years | — | Cal. Civ. Proc. Code § 325 |
| Idaho | 5 years | — | Idaho Code § 5-210 |
| Montana | 5 years | — | Mont. Code Ann. § 70-19-411 |
| Nevada | 5 years | — | NRS § 11.070 |
| Arkansas | 7 years | — | A.C.A. § 18-61-101 |
| Florida | 7 years | — | Fla. Stat. § 95.16 |
| Utah | 7 years | — | Utah Code Ann. § 78B-2-208 |
| Alabama | 10 years | 7 years | Ala. Code § 6-5-200 |
| Alaska | 10 years | — | AS § 09.10.030 |
| Arizona | 10 years | 5 years | A.R.S. § 12-521 |
| Indiana | 10 years | — | Ind. Code § 32-23-1-1 |
| Iowa | 10 years | 5 years | Iowa Code § 614.1(5) |
| Louisiana | 10 years | — | La. Civ. Code art. 3486 |
| Mississippi | 10 years | — | Miss. Code Ann. § 15-1-13 |
| Missouri | 10 years | — | Mo. Rev. Stat. § 516.010 |
| Nebraska | 10 years | — | Neb. Rev. Stat. § 25-202 |
| New Mexico | 10 years | — | N.M. Stat. Ann. § 37-1-22 |
| New York | 10 years | — | N.Y. RPAPL § 501 |
| Oregon | 10 years | — | ORS § 105.620 |
| Rhode Island | 10 years | — | R.I. Gen. Laws § 34-7-1 |
| South Carolina | 10 years | — | S.C. Code Ann. § 12-51-90 |
| Texas | 10 years | 5 years | Tex. Civ. Prac. & Rem. Code § 16.026 |
| Washington | 10 years | — | RCW 7.28.070 |
| West Virginia | 10 years | — | W. Va. Code § 55-2-1 |
| Wyoming | 10 years | — | Wyo. Stat. Ann. § 1-3-103 |
| Connecticut | 15 years | — | C.G.S. § 52-575 |
| District of Columbia | 15 years | — | D.C. Code § 16-3301 |
| Kansas | 15 years | — | K.S.A. § 60-503 |
| Kentucky | 15 years | — | KRS § 413.010 |
| Michigan | 15 years | — | MCL § 600.5801 |
| Minnesota | 15 years | — | Minn. Stat. § 541.02 |
| Oklahoma | 15 years | — | Okla. Stat. tit. 12, § 93 |
| Vermont | 15 years | — | 12 V.S.A. § 501 |
| Virginia | 15 years | — | Code of Va. § 8.01-236 |
| Colorado | 18 years | 7 years | C.R.S. § 38-41-101 |
| Delaware | 20 years | — | 10 Del. C. § 7901 |
| Georgia | 20 years | 7 years | O.C.G.A. § 44-5-14 |
| Hawaii | 20 years | — | HRS § 669-1 |
| Illinois | 20 years | 7 years | 735 ILCS 5/13-101 |
| Maine | 20 years | — | 14 M.R.S. § 801 |
| Maryland | 20 years | — | Md. Code, Cts. & Jud. Proc. § 5-103 |
| Massachusetts | 20 years | — | MGL c. 260, § 21 |
| New Hampshire | 20 years | — | RSA 508:2 |
| North Carolina | 20 years | 7 years | N.C. Gen. Stat. § 1-40 |
| North Dakota | 20 years | — | N.D. Cent. Code § 47-06-03 |
| South Dakota | 20 years | — | S.D. Codified Laws § 15-3-1 |
| Tennessee | 20 years | 7 years | Tenn. Code Ann. § 28-2-101 |
| Wisconsin | 20 years | 10 years | Wis. Stat. § 893.25 |
| Ohio | 21 years | — | O.R.C. § 2305.04 |
| Pennsylvania | 21 years | — | 42 Pa. C.S. § 5530 |
| New Jersey | 30 years | — | N.J. Stat. Ann. § 2A:14-30 |
Adverse possession is a centuries-old common law doctrine codified in every US state. It allows a person who openly and continuously occupies land belonging to another — without permission — to eventually claim legal title if the owner fails to take action for the statutory period. The doctrine exists to encourage productive use of land and to clear ambiguous title disputes. For landlords, it represents a risk when a squatter or unauthorized occupant is allowed to remain unchallenged for too long.
Every state requires the claimant to prove: actual possession of the property, which is open and notorious (visible to a reasonable owner), hostile (without the owner's permission), exclusive (not shared with the general public or the owner), and continuous for the full statutory period. Most states also require payment of property taxes and/or color of title — a document purporting to convey ownership that is technically defective — to trigger the shorter period.
The good news for landlords: a single eviction filing or written demand resets the clock. The moment you take legal action — even serving a formal written notice demanding the occupant leave — the continuity of adverse possession is broken and the statutory clock starts over.
What is adverse possession?
Adverse possession is a legal doctrine that allows a person who openly, continuously, exclusively, and hostilely occupies another's land for a statutory period to claim legal title. The claimant must typically pay property taxes and, in many states, hold color of title (a document that appears to convey ownership but is defective).
Which state has the shortest adverse possession period?
California, Idaho, Montana, and Nevada all have 5-year adverse possession periods — the shortest in the US. However, all four require payment of property taxes and color of title throughout the period, making successful claims rare.
Can a squatter really take your property?
Yes, in theory — but it is extremely rare in practice. The claimant must meet all elements (open, notorious, hostile, exclusive, continuous possession plus tax payment in most states) for the full statutory period without the owner taking any legal action to interrupt the clock. A single eviction filing, written demand, or permission granted to the occupant resets the adverse possession clock.
What is the difference between a squatter and a holdover tenant?
A holdover tenant is a former leaseholder who stays past the end of their lease without the landlord's permission. A squatter (trespasser) never had a lease and entered without permission. Both must be removed through the court eviction process — landlords cannot use self-help such as changing locks or shutting off utilities.
Adverse possession periods sourced from published state statutes as of 2025. Individual state pages cite the controlling code section. Last updated April 29, 2026. This page is for informational purposes only and does not constitute legal advice. Consult a licensed real estate attorney for your specific situation.
