Adverse Possession Laws Nebraska
Squatting is when someone moves into an empty place without asking the owner. It might sound like breaking the law, but sometimes it’s allowed.
Squatters can try to gain legal ownership of a property through something called “adverse possession.” However, if the property owner doesn’t take proper legal steps to remove the squatter, they might be stuck with them and won’t be able to collect rent.
Knowing the squatter laws in Nebraska is crucial for property owners in the state. According to Nebraska’s adverse possession law, squatters can gain legal ownership of a property if they continuously live there and make improvements for 10 years.
You might wonder if squatting is the same as trespassing. Well, not exactly. Trespassing is a crime while squatting is usually a legal issue. But if the owner says you’re not welcome, squatting can turn into a crime.
What is Trespassing?
Sometimes squatters or trespassers lie and say they have a right to be there. They might show fake papers to the owner or the police. That’s always illegal.
- Squatters have rights, but they have to follow certain rules to get them. If they don’t, they can get arrested for trespassing.
- Squatters can be people you don’t know or even your neighbors who want the property.
- Squatters can’t claim public areas, but if a street isn’t used by the public (like a private road), they might try to claim it.
Exceptions to Trespassing
- If someone makes the place look better by planting flowers or cleaning up, they might not get in trouble for trespassing.
- In a real emergency, someone who enters a property without permission might not be seen as trespassing.
- The property can’t be used for squatters to make an adverse possession claim.
What About Holdover Tenants?
These are the tenants who stick around after their lease is officially up. They’re not quite the same as squatters, and they need a different approach.
Now, in this situation, the tenant might keep paying rent just like they used to, same rate, same terms. If the landlord’s okay with it and doesn’t fret about the legality of it all, the tenant becomes what’s called a ‘tenant at will.’ Basically, they’re on the property as long as the landlord’s cool with it, and they can be kicked out any time without a heads-up.
But, here’s the deal: If a holdover tenant gets a notice to pack up and go, they’ve got to leave. If they don’t, they’re asking for a lawsuit called ‘unlawful detainer.’ And once they’ve been told to hit the road, they can’t pull off an adverse possession claim. At that point, they’re just plain old trespassers.
Understanding Adverse Possession in Nebraska
In Nebraska, squatters can claim adverse possession after living on a property for 10 years, and this duration extends to 20 years if the landowner is legally disabled. When a squatter successfully claims adverse possession, they gain legal ownership of the property, which means they have the right to stay there without being considered a criminal trespasser.
In the United States, there are five specific legal requirements that a squatter must meet to make an adverse possession claim:
Hostile – They must occupy the property without permission and against the rightful owner’s rights.
Actual – They need to exercise control over the property.
Open & Notorious – They should use the property openly, just like the real owner, without trying to hide their occupancy.
Exclusive – They must be the sole occupant of the property.
Continuous – They must stay on the property for the required duration, which is typically 10 years.
Color of Title
So, you’ve likely bumped into the term ‘color of title’ while diving into squatter’s rights. Well, color of title is a fancy way of saying that the property ownership isn’t all neat and tidy, and the person living there doesn’t have all the right documents or legal paperwork.
Now, here’s the scoop for Nebraska: You don’t actually need color of title for an adverse possession case. Sure, having it might give a squatter a leg up in court because it can make their claim to the property stronger. But here’s the kicker – having color of title doesn’t shave any time off the 10 years of continuous possession that’s required.
How to Remove Squatters in Nebraska
If you want to kick out a squatter in Nebraska, you’ve got to follow some formal steps for eviction. Here’s how it works:
Serve an Eviction Notice: First, you need to give the squatter notice. If they owe rent and refuse to pay, you can give them a “3-Day Notice to Quit.” This notice must tell them how much they need to pay to stay (usually the rent owed).
No Lease or End of Lease: For squatters without a lease or whose lease has ended, you need to provide notice depending on the type of tenancy. If it’s week-to-week, a “7-Day Notice to Quit” works, and for month-to-month, you can use a “30-Day Notice to Quit.”
Illegal Activity: If there’s illegal stuff going on, you can give a “5-Day Notice to Quit” before taking legal action. If the squatter still doesn’t leave or pay, you move on to the next step.
File for Eviction: You have to file an official eviction request called a “Petition for Restitution” with the county or district clerk.
Serve Summons and Complaint: You need to serve a “Summons and Complaint” notice within 3 days, and the squatter has 5 business days to respond. These notices are given by the sheriff.
Set a Trial Date: A trial date is set between 10-14 days after the notice is received.
Writ of Restitution: If the court grants eviction, a “Writ of Restitution” is issued by the judge. Only the sheriff can serve this notice, so you’ll need to involve the sheriff.
Notice to Vacate: The Writ gives the squatter 10 days to leave before they can be forcibly removed.
Remove Personal Property: After the sheriff arrives to evict, you’ll need someone other than the sheriff to take care of the squatter’s remaining stuff left behind.
Following these steps should help you get rid of squatters legally in Nebraska.
Frequently Asked Questions
Do Squatters Pay Property Taxes in Nebraska?
In Nebraska, squatters don’t have to pay property taxes to claim adverse possession. While it can help their case if they have proof of paying property taxes, it’s not necessary, and it doesn’t reduce the time they need to stay on the property continuously.
How Long Does It Take to Claim Squatters’ Rights in Nebraska?
In Nebraska, squatters need to stay in a property for a minimum of 10 consecutive years to claim adverse possession.
What to Do If a Squatter Won’t Leave Your Property?
If you’ve given the squatter written notice and obtained a Writ of Restitution, your next step is to contact the sheriff. They’re the ones who can legally force the squatter to leave. Remember, you shouldn’t try to remove them yourself; let the sheriff handle it.
