Squatter’s Rights in Tennessee

In Tennessee, squatters can claim legal ownership through adverse possession after continuously occupying a property for 20 years, or just 7 years if they have color of title. To successfully claim adverse possession, squatters must meet several strict requirements: hostile possession (occupying without permission), actual possession (maintaining the property as an owner would), open and notorious possession (not hiding their presence), exclusive possession (not sharing with others), and continuous possession for the required time period. Additionally, they must pay property taxes on the property.

Tennessee law provides property owners with protection against adverse possession claims in certain circumstances. Landlords have extended time to fight claims if they were underage, imprisoned, mentally incompetent, or disabled when the squatting began. However, property owners cannot forcibly remove squatters on their own or have local law enforcement do so – they must follow the proper eviction process.

To evict squatters, property owners should issue an appropriate eviction notice (such as a 10-day notice for those without a lease, or a 3-day notice for health/safety violations or illegal activities), then file an eviction lawsuit if the notice is ignored. Only after obtaining a court order can the sheriff legally remove squatters from the property.

To prevent squatting, property owners should pay property taxes promptly, visit regularly, keep utilities turned off in vacant properties, secure entry points, maintain the property’s appearance, ask neighbors to report suspicious activity, and consider renting the property through a management service.