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America December 18, 2025 5 mins read

Squatter’s Rights and Adverse Possession: Why Vacant Homes Are Becoming Legal Battlegrounds

America ı By Jackie Allen

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squatters-rights-adverse-possession

Importantly, most short-term squatting cases—like Ward’s—do not meet these thresholds. Yet confusion around the doctrine often delays enforcement.

How States Are Responding to Squatter's Rights

Ward’s experience prompted renewed attention to how states handle unauthorized occupancy. In 2024, Georgia Governor Brian Kemp signed House Bill 1017, which criminalizes squatting and gives homeowners more leverage.

The law allows squatters to be charged with misdemeanor trespass, held financially responsible for back rent, and removed within three days if they fail to comply with a law enforcement notice.

“This is insanity that people think they can come in and take over someone’s home,” Kemp told Fox News.
👉 https://www.foxnews.com/politics/kemp-squatting-law

“Illegal squatters are criminals, not residents.”

Still, even with new statutes, eviction is rarely immediate.

The High Cost of Removal

In many states, homeowners must navigate a formal legal process before regaining possession. That can involve:

  • Confirming unlawful occupancy
  • Serving written notice
  • Filing an unlawful detainer or eviction lawsuit
  • Appearing in court

Occupants may attempt to claim tenant status or invoke squatter’s rights, delaying proceedings for weeks or longer. Financial losses can mount quickly. Legal experts estimate total costs—including attorney fees, court filings, property damage, lost rental income, and cleanup—can range from $740 to more than $8,000.

When Ward finally regained access, the damage was extensive.

“I wish this didn’t happen to anyone else because it is really traumatic,” she said.

New Squatter's Rights Laws Across the U.S.

Georgia is not alone. In March 2024, Florida Governor Ron DeSantis signed House Bill 621, allowing sheriffs to remove squatters immediately based on a sworn homeowner affidavit—no court order required.
👉 https://www.flsenate.gov/Session/Bill/2024/621

New York updated its property law in April 2024 to clarify that squatters are never tenants, regardless of time occupied. Alabama, Kentucky, Illinois, and Texas have passed or advanced similar legislation through 2025.

Protecting Your Home Before It Happens

Experts agree prevention is the most effective defense. Homeowners with vacant properties should consider:

  • Regular property checks or trusted neighbors
  • Visible security cameras and motion lights
  • Removing lockboxes between showings
  • Keeping utilities active
  • Time-stamped photos documenting property condition
  • Understanding local squatter’s rights and eviction laws

As Ward’s ordeal demonstrates, once someone is inside, invoking adverse possession or squatter claims—however weak—can turn a vacant house into a legal battlefield few homeowners are prepared for.

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Jackie Allen
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Jackie Allen

Jackie is a freelance journalist and technology geek. She worked as a telecom project director for AT&T and BellSouth. Before joining the USA Herald she has written books, articles, blogs and whitepapers. Her clients include Samsung and other technology companies.

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