Squatter’s Rights in Connecticut
Managing the complex dynamics between property owners and renters can be challenging even under ideal circumstances, but dealing with squatters adds an entirely new level of complexity. Squatters’ rights vary significantly depending on the state, so it is crucial for property owners to familiarize themselves with the specific laws in their jurisdiction to ensure they are adequately and legally safeguarding their interests.
If you own property in Connecticut, this comprehensive guide to squatters and their rights will help you prevent prolonged eviction disputes with unauthorized occupants and efficiently handle any situations that may occur.
Squatter’s Rights in Connecticut
In Connecticut, squatters often target unoccupied land and empty buildings. A squatter is defined as an individual who lives on another person’s property without their consent, regardless of their intentions.
Initially, squatting is not considered a criminal offense. Squatters are granted certain rights that may provide them with the legal authority to stay on the property. However, the property owner can take simple steps to prevent this from happening.
Squatters primarily attempt to assert their right to adverse possession. This is a concern for property owners and landlords throughout Connecticut and the nation, although it is often misunderstood.
Adverse Possession: Obtaining Legal Ownership
Adverse possession is a legal mechanism that allows individuals occupying someone else’s property to potentially gain legal title to it. However, this process is governed by specific requirements and is often misunderstood. The adage “possession is nine-tenths of the law” does not fully capture the complexities involved.
In Connecticut, as in other states, adverse possession claims are subject to stringent criteria. Claimants must meet several conditions, such as open and notorious use of the property, exclusivity, and continuity for a prescribed period. Gaining legal ownership through adverse possession is a lengthy and challenging process, not a quick or easy path to property rights.
Adverse Possession in Connecticut
In Connecticut, the legal doctrine of adverse possession, sometimes referred to as “squatters’ rights,” allows individuals to claim ownership of a property they have openly and continuously occupied without the owner’s permission. To successfully establish an adverse possession claim, the claimant must demonstrate that their possession of the property meets five essential criteria: hostile, actual, exclusive, open, and continuous possession for a specified period.
Adverse Possession Requirements
Connecticut law outlines three scenarios that constitute adverse possession:
- The individual occupies the property without realizing it belongs to another party, lacking any color of title. This is referred to as mere possession.
- The occupants are consciously aware that they lack legal permission to reside on the property. In this situation, the adverse claim falls under the willful trespass doctrine.
- In certain instances, the occupants have inadvertently taken possession of the property in good faith, either believing they have a legal right to occupy it or being unaware of any existing ownership.
Visible Occupancy
Those claiming adverse possession must make their presence on the property clearly evident. Their occupancy should be readily apparent to anyone who performs even a cursory inspection of the premises. The purpose of requiring open and obvious possession is to provide property owners ample opportunity to discover the adverse possessors and take appropriate action.
Sole Occupancy Requirement
Adverse possession claims require the squatter or squatters to maintain exclusive occupancy of the property. Sharing possession with the owner, unrelated squatters, renters, or any other occupants nullifies the adverse possession claim. The squatter(s) must be the only party exercising possession rights over the property.
Physical Occupation
Physical occupation refers to the adverse possessor residing on the property and treating it as their own. This involves establishing a tangible presence on the premises and undertaking concrete actions to enhance the property, such as gardening, aesthetic improvements, upkeep and repairs, and ensuring cleanliness.
Continuous Possession Requirements
In the state of Connecticut, adverse possession laws dictate that a squatter must maintain unbroken physical control of a property for a minimum of 15 years before they can claim legal ownership rights. Vacating the premises for any duration of time effectively nullifies the accumulated occupancy period, obligating the squatter to restart the process from the beginning should they return.
Property Taxes
In contrast to several other states, Connecticut does not obligate adverse possessors to have made property tax payments during any stage of their occupancy. Provided they adhere to the duration requirements and all additional regulations, they are entitled to assert their claim of adverse possession.
Nevertheless, making tax payments can bolster the individual’s case when they submit their filing.
Removing Unauthorized Occupants
Connecticut has a unique legal procedure for removing individuals who are residing in a property without the owner’s permission. The steps involved differ from those in many other states. The following outlines the proper legal process that must be followed to have unauthorized occupants removed from a property in Connecticut.
Challenge the Adverse Possession
When a squatter has initiated an adverse possession claim, the property owner must directly inform them of their plan to disrupt it. This can be accomplished by delivering a notice to the squatter that states the owner’s opposition to their actions. Within 90 days of providing this notice, the owner is also required to file the challenge with the municipality’s land records office.
Under Connecticut law, this action immediately terminates the squatter’s ability to pursue an adverse possession claim and prevents any additional efforts to do so.
Deliver a Formal Eviction Notice
The notice of contest is distinct from an eviction notice, which must be delivered separately. Property owners are advised to provide squatters with a five-day notice to vacate the premises, including a detailed justification for the eviction. Upon receiving the notice, squatters have a two-day window to challenge the eviction in court. Failing to do so allows the property owner to initiate legal proceedings to remove the squatters from the property.
Submit an Eviction Request
The next step is to submit an official eviction request with a local judge on the grounds that the squatter failed to respond to the initial notice. The squatter then has a three day window to come forward and contest the eviction. If contested, a trial will commence to determine legal rights to the property. However, if no response is received, the court may enter a default judgment against the squatter.
When the judge rules in favor of the property owner, they can then request an order of execution, which serves as the final legal notice requiring the squatter to vacate. This order is provided to the county sheriff’s office, who takes responsibility for carrying out the physical eviction process.
Enlist the Sheriff’s Help to Evict Unwanted Occupants
As a final measure, contact your county sheriff’s office – not the local police department – to carry out the eviction of the illegal tenants. The sheriff is required to give prior notice to the occupants, informing them of when the eviction will occur. If the squatters refuse to vacate voluntarily, the sheriff has the authority to physically remove them from the premises.
Keep in mind that only the sheriff’s office has the legal jurisdiction to remove the squatters by force, and this can only happen after the court has officially approved the eviction order.
Protecting Your Property from Unauthorized Occupants
While it’s preferable to prevent situations involving unauthorized occupants and potential evictions, taking the appropriate precautionary steps can significantly reduce the likelihood of such occurrences. Although there may be rare cases where even your best efforts prove ineffective, implementing the following measures can greatly contribute to safeguarding your property from trespassers and squatters.
Install “No Trespassing” Signage
As a property owner, the initial step to safeguard your unoccupied land or building is to prominently display no trespassing signs. These signs unequivocally communicate that unauthorized entry is prohibited and implies regular monitoring of the premises. Posting no trespassing signage serves as an initial deterrent, potentially discouraging individuals from entering the property without consent.
Fortify Access Areas
Trespassers often enter through unsecured doors, windows, fences, or gates. Making forcible entry more difficult can deter many would-be squatters from targeting your property.
Consider installing security cameras to monitor all potential entrances and implementing an alarm system. This allows you to keep watch over the premises and quickly detect any unauthorized access attempts.
Fulfill Tax Obligations on the Property
While Connecticut statutes regarding adverse possession do not explicitly obligate the adverse possessor to satisfy property tax requirements, doing so can significantly bolster their legal argument. By consistently and punctually meeting tax obligations, the adverse possessor effectively prevents others from fulfilling this duty. An adverse possessor who pays property taxes can legitimately assert that they have assumed the responsibilities of ownership, as they have taken on a critical task that should have been carried out by the legal owner.
Maintain the Property
Letting your property get run down and derelict is a good way to attract squatters. Remember, if they can show they are better owners and make improvements, it could help their claim. Don’t let it fall into ruin- keep the fences intact and the entrances clean, and act quickly to arrange repairs.
If you abandon a property completely and someone else carries the mantle of maintaining it- and they do so for 15 years- you are at risk of losing it completely.
Visit the Property Regularly
Visit your vacant land or property as often as you can- and use the visits to maintain the property and keep it looking cared for. A run-down, messy appearance gives the impression that it may be abandoned- something squatters tend to look for if they hope to find somewhere they can stay long enough to claim adverse possession.
It also looks good for you if you can prove you have not abandoned your property- squatters will have more difficulty claiming the land.
Ask a Neighbor to Keep an Eye Out for Movement
If you can’t manage regular visits or are particularly concerned about your property, speak to the neighbor or someone nearby who you trust and ask them to check up from time to time. It may be easier for them to spot suspicious activity since they pass more often than you do.
Let them know if you plan to visit to avoid causing unnecessary alarm.
Rent it Out
Squatters are significantly less likely to attempt to settle in a property that is already occupied- so it makes sense to rent out your space (if possible) to make it a less appealing target.
It is worth considering using a reliable professional property management company to find a good tenant match if you don’t have time to do it by yourself. Be sure to read up on rental laws and security deposit procedures if you plan to lease.
The Bottom Line
Evicting squatters in Connecticut takes time- especially if the case goes to trial. It is better to take the necessary steps to avoid them ever settling- but it helps to know what to do in the event it happens to you.
Squatters’ rights allow adverse possession claims- but only after a long time. As long as you stay vigilant, care for the property, and act quickly- you shouldn’t have much trouble winning your case.
To learn more about legal and practical business moves and processes for Connecticut landlords and owners, download all the forms you need to manage your real estate activities.
FAQs
Can landlords dispute adverse possession claims?
There is always an opportunity to appeal the decision on an adverse possession claim, but it is unlikely to change the outcome unless you can provide new evidence. If the claim is approved, to begin with, it suggests there is substantial proof that they had the legal right.
Are there any types of property that are exempt from adverse possession?
Yes- government-owned properties and land owned by non-profit organizations cannot be claimed under adverse possession. Conservation lands are also exempt. Squatters who attempt to settle on any of these types of land will be removed quickly, as their presence is considered criminal trespassing.
When does squatting become trespassing in Connecticut?
Squatting is not a criminal offense- as long as it is not on prohibited land. It only becomes one when the person is deemed to be trespassing- which only happens after the owner has officially declared they are not welcome and have notified the squatter in writing.
Once the eviction process is complete, and the squatter has been given every opportunity to appeal or dispute their removal- if a judge rules they can’t stay and they still remain- they are then trespassing- which is a criminal offense.
Does Connecticut law require color of title in an adverse possession claim?
The rules surrounding color of title in Connecticut are slightly different from many states. A squatter does not need one to make an adverse possession claim- but they can apply for one after they win their case.
Winning an adverse possession claim and subsequently securing color of title effectively makes the squatter the rightful owner. If they win their adverse possession claim but do not pursue color of title, they only gain ownership of the piece of land they actually occupy.
If the squatter claims a building, for example, they would not also have the right to use the surrounding land. In a case where a squatter claims adverse possession on an area of land they have settled on, they are restricted solely to that area without claim of title.
Who can remove squatters in Connecticut?
Only the local sheriff can legally remove squatters in Connecticut- and only after an official eviction has been granted. Other local law enforcement cannot intervene- and landlords are prohibited from taking any actions that could be seen as attempts to forcibly remove the occupants.