Squatter’s Rights in Virginia

In Virginia, squatters can claim legal ownership through adverse possession after continuously occupying a property for 15 years. This process requires meeting several strict requirements: actual possession (physically occupying and using the land as if it were their own), hostile possession (without the owner’s permission), exclusive possession (not shared with others), visible possession (obviously occupying the property), and continuous possession for the entire 15-year period without significant interruption.

While color of title (documentation that appears to give ownership) isn’t absolutely required in Virginia, having it can strengthen an adverse possession claim by demonstrating the squatter believed they had a legitimate right to the property. Similarly, paying property taxes isn’t mandatory but helps validate the squatter’s claim of ownership.

Property owners discovering squatters should take immediate legal action by serving an eviction notice, giving squatters 30 days to vacate. If they don’t leave, owners must file a lawsuit to evict them and obtain a court order. After receiving this order, the sheriff can physically remove the squatters. Self-help evictions are not recommended.

To prevent squatting, property owners should conduct regular inspections, post “No Trespassing” signs, install security systems and fencing, and ask neighbors to report suspicious activity. There’s an important distinction between abandoned properties (where the owner has given up all rights and interests) and unoccupied properties (where the owner still maintains interest and pays taxes). Adverse possession claims typically only succeed with truly abandoned properties, not just temporarily unoccupied ones.