Squatter’s Rights in North Dakota

In North Dakota, adverse possession allows individuals to claim ownership of property without a valid title after occupying it continuously for 20 years. This legal principle, rooted in English common law, aims to ensure property remains in productive use. North Dakota’s 20-year requirement is one of the longer statutory periods in the United States.

To successfully claim adverse possession in North Dakota, squatters must meet five specific requirements: continuous possession (uninterrupted occupation for 20 years), open and notorious possession (visible occupation), exclusive possession (sole control of the property), hostile possession (occupation without the owner’s permission), and actual possession (treating the property as their own). While not required, having “color of title” (a defective deed) can strengthen a claim, as can paying property taxes, though neither is mandatory.

After meeting all requirements for the full 20-year period, squatters must file a quiet title lawsuit and provide evidence satisfying all criteria. Certain properties are exempt from adverse possession claims, including government-owned properties, public utilities, cemetery sites, and sovereign lands. Until completing the 20-year requirement, squatters have no legal rights and are considered criminal trespassers, facing misdemeanor or felony charges.

Property owners can remove squatters by serving a notice to vacate, filing an eviction lawsuit, obtaining a court order, and having the sheriff physically remove them. Trespassing in North Dakota is a Class A misdemeanor punishable by up to one year in jail and a $3,000 fine, with repeat offenders facing felony charges. While “squatters’ rights” offer limited protection against immediate eviction, only adverse possession potentially grants ownership after meeting all legal requirements for the full statutory period.