Squatter’s Rights in Nebraska

When an individual enters your private property without consent, it is typically considered a criminal act. Regrettably for property owners, in certain situations, this can be legally permissible.

Squatters have the ability to file an adverse possession claim to obtain legal ownership of the property. Conversely, if the property owner fails to take appropriate measures to initiate a formal civil eviction process, they may be obligated to allow the squatter to remain on the premises without paying rent.

Fortunately, numerous elements influence squatters’ rights in Nebraska. Engaging a property management firm could assist in addressing common issues, but if you prefer to avoid that inconvenience, this page provides a comprehensive overview.

Continue reading to gain a deeper understanding of the adverse possession laws in Nebraska and the actions you can take if a squatter occupies your property.

Summary

Duration Required to Acquire Legal Title Through Adverse Possession: A full decade of uninterrupted occupation.
Necessity of Colorable Claim?: Not required for adverse possession claim.
Removing Unauthorized Occupants: Rightful owner may initiate standard unlawful detainer action to evict.

Squatting Laws in Nebraska

In the state of Nebraska, an individual is deemed a squatter when they unlawfully occupy a property without the explicit consent of the legal owner. This applies to various types of properties, including those that are abandoned, foreclosed, or simply vacant.

It is important to note that squatting is treated as a civil matter, distinct from criminal trespassing. Squatters may face legal consequences, but the process for addressing the situation differs from that of criminal trespassing cases.

Distinguishing Between Squatters, Trespassers, and Holdover Tenants

Before exploring the intricacies of adverse possession laws, it’s essential to understand the distinctions between squatting, trespassing, and having a holdover tenant, as these terms are often mistakenly used interchangeably.

Trespassing is considered a criminal act, and if a squatter enters a property despite the owner’s explicit denial of permission, they may be treated as trespassers.

Interestingly, some trespassers may be unaware of their wrongdoing, while others might attempt to claim possession of the property using fraudulent documents, which is a clear violation of the law.

However, there are certain exceptions to be mindful of:

Individuals who contribute to the property’s aesthetic improvement may be exempt from trespassing charges.
Those who enter the premises in response to an emergency situation could potentially avoid trespassing accusations.
Anyone seeking to claim adverse possession must ensure that the property is not currently occupied or in use by others.

Moving on to holdover tenants, these are individuals who continue to reside in a rental property even after the lease agreement has expired. In such cases, landlords have two courses of action:

Issue a written notice demanding the tenant vacate the premises.
Allow the tenant to remain on the property, provided they continue to pay rent under the agreed-upon terms.

If the landlord opts for the latter, it’s crucial to note that the tenant will not be considered a tenant at will, meaning they can be evicted at any time without prior notice.

Lastly, it’s important to recognize that holdover tenants cannot claim adverse possession if the rightful property owner has already instructed them to vacate the premises.

Adverse Possession Regulations

The specific requirements for making an adverse possession claim vary by state. In Nebraska, the conditions are generally more favorable to the squatter compared to the property owner.

However, squatters still need to fulfill a number of criteria to be eligible to file an adverse possession claim. It’s important to understand the key aspects of these laws.

Based on Nebraska’s Legislature’s Revised Statutes (§ 25-202, 213), a squatter must demonstrate continuous possession of a property for 10 years before they can file an adverse possession claim. If the property owner has a legal disability, this timeframe is increased by an additional 10 years.

Under squatters’ rights, if a squatter successfully claims adverse possession, they gain legal ownership of the property and can no longer be considered trespassers.

To file for adverse possession, squatters are required to meet five specific conditions or rules. These factors will be explained in more detail below.

Color of Title

In Nebraska, Color of Title refers to a situation where a property owner lacks complete or accurate documentation for their property, rendering them “irregular” owners in the eyes of the law.

Fortunately, Nebraska’s adverse possession laws do not necessitate Color of Title for an individual to stake a claim on a property. Furthermore, the presence or absence of Color of Title does not impact the criteria that a squatter must fulfill to successfully claim ownership of a property.

Legal Possession

As previously discussed, adverse possession requires individuals to satisfy five distinct criteria in order to legally occupy a property. Let’s examine each condition in detail:

Adverse Possession

Adverse possession is a legal principle that allows a person to claim ownership rights over a property they have been occupying and using without the owner’s permission. The specific requirements for adverse possession vary by jurisdiction, but generally involve continuous, open, and notorious use of the property for a specified period of time.

In some interpretations, the occupier must be aware that they are trespassing on someone else’s land. Other definitions require the occupier to have a genuine, mistaken belief in their right to use the property, often based on incorrect or incomplete documentation.

The majority of states follow the “Objective Standard” rule, which does not consider the occupier’s state of mind or intentions. The least common approach is the “Good Faith Mistake” rule, which requires the occupier to demonstrate that they had a reasonable, albeit mistaken, belief in their right to use the property.

Physical Occupation

Adverse possessors are required to have a continuous physical presence on the claimed property and must openly use it as the rightful owner would. Providing evidence of property upkeep and improvement efforts can strengthen an adverse possession claim in legal proceedings.

Open and Conspicuous Occupation

Regardless of the situation, it should be readily apparent to any individual who conducts a proper inquiry that an unauthorized person is occupying a property. To put it differently, the trespasser is not permitted to conceal their unlawful presence.

Sole Occupancy Requirement

To establish a valid adverse possession claim, the occupant must maintain exclusive physical control over the property in question. Sharing occupancy with other individuals, regardless of their status as tenants, property owners, or fellow trespassers, can invalidate the adverse possession claim. The aspiring adverse possessor must demonstrate that they alone are exercising dominion and control over the land or building.

Uninterrupted Occupancy

To avoid being considered illegal trespassers, squatters are required to reside on the property continuously for at least a decade. It’s important to note that this 10-year timeframe must be unbroken; squatters cannot vacate the premises for extended periods, such as several weeks or months, and subsequently return, as that absence will not be included in the total 10-year requirement.

Nevada Eviction Process

In Nevada, property owners can initiate a formal eviction process to remove squatters from their property, even if the squatter attempts to claim ownership through adverse possession. The first step is to serve the squatter with an appropriate eviction notice.

The type of notice depends on the specific situation:

A three-day notice to quit is used when the squatter refuses to pay rent. The notice should include the amount of rent owed.
A five-day notice to quit is served when the squatter is engaging in illegal activities on the property. If the squatter does not vacate within the specified period, the owner can file a “Petition for Restitution” with the county or district clerk, followed by a “Summons and Complaint” notice. A trial hearing date will be set within 14 days.
For holdover tenants without a lease, a seven or 30-day notice to quit can be served, depending on the type of tenancy agreement.

If the court grants the eviction request, the judge will issue a Writ of Restitution. The sheriff will serve this final notice to the squatter, giving them a maximum of 10 days to vacate the premises. If the squatter does not comply, they will be forcibly removed by the sheriff. Property owners should hire someone other than the sheriff to remove the squatter’s personal belongings.

It is important to note that while law enforcement can assist with trespassers, only a sheriff or constable can handle situations involving squatters. Property owners are prohibited from engaging in any form of self-eviction, as it is illegal in Nevada.

Deterring Unauthorized Occupants

Certainly! If you wish to stop an unauthorized occupant from establishing adverse possession, it’s crucial to act promptly. However, taking immediate action doesn’t guarantee that you won’t encounter unauthorized occupants in the future.

To minimize the risk of unauthorized occupants in the future, consider the following measures:

Conduct regular visits and inspections of your property.
Implement robust security measures to protect your property.
Ensure timely payment of your property taxes.
Consider offering a lease agreement to the unauthorized occupant.
If you prefer not to allow the unauthorized occupant to remain, even as a rent-paying tenant, promptly serve a written notice to vacate.
If the unauthorized occupant refuses to leave, consider involving law enforcement.
If you anticipate the need to pursue legal action, consider retaining the services of an attorney.

The Bottom Line

Squatters’ rights in Nebraska are a serious legal matter that property owners cannot afford to overlook. If a property owner fails to take timely legal action to remove squatters, they may risk losing ownership of their property to the squatters.

Fortunately, property owners have several legal remedies available to protect their rights before a squatter’s claim can be established. We hope this article has provided you with a deeper understanding of squatters’ rights and how to navigate this complex legal landscape.

While hiring a real estate professional can be helpful, it is not essential to understand the intricacies of squatters’ rights law. By taking the time to educate yourself with resources like this article, you can be well-equipped to overcome the challenges posed by squatters and protect your property rights.

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Frequently Asked Questions

What Are the Steps to Remove an Unauthorized Occupant in Nebraska?

To remove an unauthorized occupant from your property in Nebraska, you will need to initiate a formal civil eviction process. This involves treating the occupant as you would a tenant whose lease has expired and following the legal procedures to evict them.

What Is the Required Duration of Occupancy to Establish Squatters’ Rights?

The specific length of time varies depending on the jurisdiction. For example, in the state of Nebraska, individuals must continuously occupy the property for a minimum of 10 years without interruption to successfully assert a claim of adverse possession.

Are Squatters Required to Pay Property Taxes in Nebraska?

In Nebraska, squatters are not obligated to pay property taxes. While some individuals choose to make these payments and obtain receipts and relevant documents to support their case, doing so does not alter the criteria for establishing standard “squatters’ rights” in the state.

What Are the Next Steps If a Squatter Refuses to Vacate My Property?

After serving a written notice and obtaining a Writ of Restitution, the next course of action is to contact the local sheriff’s department. They have the authority to physically remove the squatter from the premises. It is crucial to refrain from attempting any self-eviction tactics, as these actions may be illegal.