Adverse Possession Laws Iowa
If you own property in Iowa, it’s possible that your property may be at risk of occupation by squatters.
Squatters can be found in every state, and their objective is to unlawfully occupy a property that belongs to someone else.
A squatter refers to an individual or a group of people who unlawfully occupy a property you own. Typically, squatters enter vacant homes, change the locks, and start living on the premises as though they have legal ownership. In some instances, complete strangers may forcibly enter and take control of the property.
Frequently, squatters include former tenants who have not vacated the premises or even family members who believe they have a right to be there, especially if it’s an ancestral home where they have spent time in the past.
Iowa Squatters Rights in a Nutshell
So, here’s the deal with squatters in Iowa: they haven’t technically done anything wrong until they’re told to leave the right way and still refuse to budge.
Now, if they want to pull off this thing called adverse possession, they’ll need to camp out on a property for about five years. But here’s the hack: pay the taxes for a year, and you can cut that down to three years. No need for fancy paperwork or anything like that, even if they have it, it won’t make things go faster.
Oh, and if they really want to speed up their claim to ownership, they’ve got to live on the property for a year and make some serious improvements.
But here’s the kicker: once they get that notice saying they gotta go, they’ve got just three days to grab their stuff before they’re kicked out for real.
Adverse Possession in Iowa
Alright, let’s talk about something that squatters might use to try and snag someone else’s property – adverse possession in Iowa. This is when someone takes over a piece of land they don’t own, kind of like claiming it as their own, legally.
Here’s how it works in Iowa:
- Time Matters: To even think about getting legal title through adverse possession, a squatter needs to hang around on that land for a solid five years.
- The Hostile Takeover: It’s got to be “hostile,” but not like a battlefield. In this context, “hostile” means the owner doesn’t know about it or hasn’t given permission. So, if the squatter thinks they’re justifiably there, it doesn’t count.
- Act Like You Own It: The squatter must actually use the land as their own during those five years. This could mean fixing things up, adding a fence, or even paving a new driveway. Pretend it’s yours!
- No Secrets: Everyone should know the squatter’s there. It’s got to be obvious, like if you did a quick check, you’d see them. So, sneaking around at night won’t cut it.
- It’s All Yours: The squatter can’t share the land with others. It has to be exclusively their turf. If it’s like a party house with lots of people crashing there, no one can claim it.
- Never Leave: The squatter must keep this up for the entire five years. If they take off for a while, it doesn’t count. Let’s say they travel for six months; they lose their claim.
If the squatter manages to tick all these boxes for five years straight, they could actually own the property legally in Iowa. For more details, check out our article on Adverse Possession in Iowa for the nitty-gritty.
Squatters vs. Trespassers: Know the Difference
Here’s the deal with squatters and trespassers: Initially, they’re not automatically classified as criminal trespassers. As a property owner or landlord, it’s on you to make it clear they’re not welcome and take the proper steps to get them out.
Now, if they stick around after you’ve asked them to leave (but before you’ve filed an eviction lawsuit), that’s when they cross into trespassing territory. Unless, of course, they’ve got a valid adverse possession claim, which could give them the right to go to court and seek legal ownership.
Squatters vs. Holdover Tenants: What’s the Difference?
Squatters: These folks are like the uninvited guests who crash on someone else’s property without permission. Now, if they’ve somehow snagged legal ownership through something called “adverse possession,” they’re in the clear. Otherwise, once the landowner says, “Hit the road,” and they refuse, they turn into trespassers.
Holdover Tenants: Imagine you rented a place, and your lease ended, but you just didn’t want to leave. That’s what we call a holdover tenant, or in fancier terms, “tenant at sufferance.” The new owner can either work out a new lease with you or, if you’re not cooperating, serve you a legal notice and evict you. It all depends on how things shake out.
Frequently Asked Questions
Is Color of Title valid or required in Iowa?
In some states, you need something called “color of title” to claim property, which is just proof that you believe you own it or have the right to stay there. It could be a messed-up deed or any other proof. But in Iowa, you don’t need it.
How can I remove Squatters in Iowa?
In Iowa, as in most states, only the sheriff has the authority to remove squatters. Property owners are not allowed to forcibly evict unwanted occupants; they must follow the proper legal procedures.
What’s the deal with the stuff squatters leave behind?
Once squatters get the final eviction notice, they’ve got three days to grab their stuff and leave. If they don’t, the owner can remove and toss their things. It’s usually a good idea to try and contact the squatter and give them a chance to pick up their stuff, but in Iowa, it’s not a legal requirement.
