What Are Squatters Rights Indiana? [2024]

Adverse Possession Laws Indiana

Indiana’s squatter’s rights can be a potential boon for those seeking ownership or control of an unoccupied property.

For property owners in Indiana, it becomes imperative to arm oneself with the necessary knowledge and insights to deftly navigate this legal terrain, thus sidestepping potentially expensive and time-consuming situations.

A squatter, essentially, is an individual or even a group thereof who takes up residence within a residence, structure, or parcel of land, all the while harboring the intention of permanent utilization, and this is without obtaining any form of legal consent from the property’s rightful owner.

Who’s Considered a Squatter in Indiana?

In certain scenarios, squatters can ultimately lay claim to legal ownership of the property through the intriguing process known as adverse possession. Adverse possession offers squatters the opportunity to emerge as the legitimate owners of a property once they’ve met the stipulated requirements and successfully presented their case in an Indiana county court.

Should a squatter openly reside on a property for an extended period, such as 10 years in Indiana, they might, through adverse possession, potentially acquire ownership of the property themselves.

Squatter vs. Trespasser: What’s the Difference?

Alright, so here’s the lowdown for all you property owners out there. It’s crucial to understand that a squatter and a trespasser aren’t cut from the same cloth.

Trespasser: This is someone who knowingly strolls into somebody else’s place, be it a house, building, or land, without any permission or the green light to be there. Trespassing is a no-no, a criminal offense actually. So, if it’s confirmed that someone’s trespassing, the Sheriff’s office can step in and give them the boot.

Squatter: Now, squatters are a bit different. These folks move in and start living on someone else’s property like they own the place. They’re not just passing through; they’re setting up camp. Here’s a twist: sometimes a squatter isn’t necessarily a trespasser. Picture this – someone used to rent a place, but then they stop paying rent and are getting kicked out. If they decide to stick around even after being told to get out, they’re now playing the squatter role.

Now, here’s the kicker: trespassing is a criminal thing, but dealing with a squatter is a civil matter, and it’s a job for the court system. So, there you have it, the difference between these two property intruders.

Indiana Adverse Possession Laws

In the state of Indiana, squatters might have a shot at claiming some rights to a property if they’ve been living there continuously for a solid 10 years. It’s this thing called “adverse possession.”

Now, here’s the deal: If a squatter decides to make an adverse possession claim, they could end up owning the property, and they won’t be tagged as a criminal trespasser, even if they didn’t have the official thumbs-up to be there in the first place.

Now, at the federal level, there are five legal requirements squatters need to meet to pull off an adverse possession claim. These are: being hostile, having actual control, making it open and notorious, having exclusive control, and keeping it continuous.

But hold on, there’s an Indiana twist to this story. The Indiana Supreme Court decided to mix things up a bit and gave these elements a makeover. They’ve made it clear that squatters need to have complete and sole control over the property, claim full ownership, serve the legal owner with a fancy notice of their intentions, and keep this act going for a whole 10 years to make that adverse possession claim.

The Essential Ingredients for Adverse Possession

Alright, so before someone can claim a property as their own through adverse possession, there are some basic rules they’ve gotta follow. Here’s the lowdown:

1. Exclusive Use: This one’s all about making the property your own personal kingdom. You’ve gotta act like you’re the boss and keep everyone else out – trespassers, other wannabe squatters, and even the real owner. It’s gotta be your turf.
2. Actual Possession: You can’t just claim it on paper; you’ve gotta show you mean business. Mow the lawn, do some landscaping, change the locks – basically, treat it like it’s yours for real.
3. Open and Notorious: No secret operations here. You’ve gotta use the property in a way that anyone can see. No sneaking around. If you’re coming and going, use the front door just like a regular owner.
4. Hostile: This one’s a bit tricky. “Hostile” doesn’t mean you have to start a fight. It just means your intentions have to be against the true owner’s claim. You’re basically saying, “This place is mine now.”
5. Continuous Use: You can’t just pop in and out and expect to claim it. You’ve gotta stick around and keep using the property without a break for as long as the law says. It’s gotta be a constant thing.

So, that’s the scoop on adverse possession – it’s like a checklist you’ve gotta follow to make someone else’s property legally yours. Learn more about Squatters laws in the US here.

Do Rosiness of Title Claims Work in Indiana?

So, color of title is like a fancy document that seems to say, “Hey, I own this land!” But here’s the catch: it’s actually not legit. Now, some states insiston having this color of title thing to file an adverse possession claim, but Indiana’s not one of those states. Nope, here in Indiana, you don’t need that colorful title document to make your claim.

Tips for Landlords

Got a property in Indiana and don’t want any squatters setting up shop? Here are some landlord tips to help you out:

• Regular Check-Ins: Keep an eye on your property regularly. Make it a habit to swing by and see what’s going on.
• Pay Those Taxes: Don’t let property taxes slide; pay ’em on time to show you’re still in charge.
• Lock It Up: Secure your property with some solid locking systems on doors and windows. Keep the unwanted guests out.
• Fence It In: Consider putting up a fence around your property to make it a bit less inviting for squatters.
• No Trespassing Signs: Post some “No Trespassing” signs on any vacant units. Make it clear you mean business.



• Written Notices: If you spot squatters, don’t wait around. Send them written notices ASAP.
• Rent Option: Here’s a curveball – offer squatters the chance to pay rent if they want to stay. Sometimes it’s a win-win.
• Call the Sheriff: If things get tricky, don’t call the local police; dial up the sheriff to handle the squatter eviction.
• Legal Help: If you’re thinking of taking squatters to court, consider getting advice from a savvy lawyer. They can guide you through the process.

Frequently Asked Questions

What goes down if the squatter leaves their personal property behind?

Well, if they leave their personal belongings behind when they move out, landlords have to give them a heads-up and stash their stuff in storage or with a warehouseman.

Are Squatters required to pay property taxes?

Absolutely! Before a squatter can even think about making a claim to a property through adverse possession in Indiana, they’ve got to keep up with those property taxes for a solid ten years of continuous occupancy.

Is having a color of title necessary for squatters to get ownership of an abandoned property in Indiana?

Nope, in Indiana, anyone can grab ownership of an abandoned property without the need for color of title. It’s not a requirement, plain and simple.