As one legal commentator puts it:
“Adverse possession was designed to reward productive use of land, not opportunistic takeovers of modern homes.”
Rob Reiner and Michelle Singer Reiner: The Shocking Hollywood Homicides
What Is Adverse Possession?
Adverse possession allows someone occupying property without permission to eventually claim legal ownership—but only if strict criteria are met. While requirements vary by state, they generally include:
- Hostile occupation: The property is occupied without the owner’s permission.
- Open and notorious possession: The occupant is not hiding their presence.
- Exclusive possession: The property is not shared with others.
- Continuous and uninterrupted use: Occupation must persist for the full statutory period.
- Statutory time requirement: Typically, between 3 and 20 years, depending on the state.
A comprehensive, state-by-state breakdown of these laws can be found here:
👉State-by-State Squatters Rights Breakdown [2025]
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.
