Adverse Possession Law Vermont
Owning property in Vermont? Brace yourself, because understanding squatter laws can be your legal armor against an adverse possession ambush.
Here’s the deal: If a squatter hangs around your property, tending to it diligently for a staggering 15 years, they’ve got the right to make a claim.
But hold on a second, squatters in the U.S.? You heard it right! Squatting is more widespread than you might imagine.
The catch is, the state you call home plays referee in this property rights showdown. It sets the rules for both you, the property owner, and the individual who’s doing the squatter’s shuffle on your land. So, knowing the score is crucial to protect your turf.
Who Counts as a Squatter in Vermont?
A squatter in Vermont is someone who takes up residence in an abandoned, unoccupied, or foreclosed building or land without the owner’s legal permission. They don’t rent or own the property, but here’s the twist: squatting is more common in the U.S. than you might think.
But Isn’t That Trespassing?
Not necessarily. Trespassing is a criminal offense while squatting usually falls under civil law. However, if the property owner or landlord clearly declares that the squatter is not welcome, squatting can cross into criminal territory.
Here’s the breakdown:
- Some squatters or trespassers might present fake documents, like phony deeds, to law enforcement or the landowner. This is always illegal.
- Squatters have rights, but they must meet adverse possession requirements to claim them. Fail to meet these requirements, and they can be arrested as trespassers.
- Railroad corporation land is off-limits for adverse possession claims.
- Squatters can be strangers or even neighbors looking to snag some land.
But there are exceptions:
- If someone beautifies the property (planting flowers, cleaning up), they might dodge trespassing charges.
- In a genuine emergency, someone who accesses a property without permission may be exempt from trespassing.
- The property must be out of use for squatters to try an adverse possession claim.
What About Holdover Tenants?
Holdover tenants, also known as tenants at sufferance, are folks who won’t budge when their lease expires. In this scenario, they must keep paying rent at the same rate and terms. If the landlord accepts this rent, they create a “tenant at will” situation, where the tenant stays at the landlord’s whim. No notice is required; they can be evicted whenever.
However, if the holdover tenant gets a notice to quit and still won’t leave, they could face an unlawful detainer lawsuit. At this point, they’re considered criminal trespassers, and the adverse possession ship has sailed.
Adverse Possession Vermont
In Vermont, a squatter can become a legal owner of property through something called adverse possession. To do this, they need to continuously live on the property for at least 15 years and meet five legal requirements. Once these 15 years pass and they’ve met these rules, they can stay on the property legally. Here are those five requirements:
- Hostile Possession: This doesn’t mean they’re mean about it. It just means they must show that their claim to the land is like invading the real owner’s property. There are three ways to do this:
- Simple Occupation: If they didn’t know it belonged to someone else.
- Awareness of Trespassing: If they knew they had no right to be there.
- Good Faith Mistake: If they didn’t know the property’s legal status.
- Actual Possession: They have to actually be there and treat it like their own, doing things like taking care of it or making improvements.
- Open and Notorious Possession: If they’re not hiding that they’re living there, they can make their claim.
- Exclusive Possession: Only one squatter can claim a property. Sharing with others, like strangers or even the landowner, won’t work.
- Continuous Possession: They must stay on the property without leaving for 15 years. No giving it up or coming back later.
Color Of Title
So, in Vermont, do they care about this “color of title” stuff? Well, not really. You see, a squatter there doesn’t need to have what’s called a “color of title” to claim adverse possession. But having one can make things smoother in a legal fight. Now, what’s this “color of title” thing? It’s basically when the property owner doesn’t have all the right documents, like deeds or registrations. When that happens, it’s kind of like a green light for a squatter to try and claim the property.
How to Deal with Squatters in Vermont
In Vermont, there’s no specific guide on how to kick squatters out. To remove them, property owners need to start a legal eviction process. It’s important to know that there are no special provisions for disabled landlords, and squatters can’t delay an adverse possession claim.
Here’s how the eviction process works:
- Start with an Eviction Notice: Property owners can serve different eviction notices depending on the situation.
- If it’s about unpaid rent, use a 14-day Notice to Pay Rent.
- For no lease or an expired lease, issue a notice to quit, which varies based on tenancy type.
- If there’s illegal activity, go for a 14-day Notice to Quit.
- Notice Period: After serving the notice, there’s a waiting period. The length depends on the type of notice and tenancy.
- Hearing: If the squatter stays beyond the notice period, a hearing is scheduled. Both the property owner and the squatter must attend. Squatters may try to fight the eviction, but unless they have a solid legal defense or a legitimate reason to stay, the judge will likely side with the property owner.
- Writ of Possession: If the court grants eviction, a Writ of Possession is issued. This serves as the squatter’s final notice to leave. If they don’t comply, the sheriff will step in to remove them forcibly.
Frequently Asked Questions
Do Vermont Squatters need to pay property taxes?
No, unlike some other states, Vermont does not demand squatters to pay property taxes.
How long can Squatters reside in Vermont?
In Vermont, squatters can occupy a property for an indefinite period. However, they can only file for adverse possession after continuously possessing the property for 15 years. Once this time has passed, they are no longer seen as criminal trespassers under Vermont law.
