Unknown people living on deserted properties are known as squatters, and they frequently have legal rights. Similar to numerous other states, Iowa upholds the right of squatters, also referred to as adverse possession. Given how different Iowa’s laws are from those in other states, it is imperative to understand state laws.
It’s generally difficult for a squatter to meet all the standards needed to successfully file a legal claim to your property, so you can rest easy knowing that, however, it never hurts to be ready. In this article, I will discuss squatter’s rights in Iowa and describe adverse possession laws in this state.
Who Are Squatters?
A squatter is a person who resides on land without the owner’s consent or legal ownership. They frequently settle into forlorn, deserted, or neglected properties. Squatters may occupy a space for a few weeks or years at a time, or they may do so temporarily.
Even though the word “squatter” certainly conjures up a particular picture in your head, it’s crucial to remember that not all squatters are evil. A squatter is someone who, after years of ownership and several generations of family inheritance, discovers that the title belongs to someone else, even though they believed they were the rightful owners of the property.
Who Isn’t a Squatter?
Entrance or occupation of a property without permission is not limited to squatters. For example, tenants who are behind on their rent are not regarded as squatters. Rather, they are “holdover tenants,” or prior renters who do not have a right of possession. Likewise, trespassers are not squatters. Criminal trespassers enter your private land without permission, while squatters lawfully inhabit and live on the vacant property.
What Do Adverse Possession/Squatter’s Rights Entail?
Broad legal theories known as squatters’ rights, or adverse possession rights, allow squatters to acquire ownership of a plot of property by extended occupation even in the absence of the owner’s agreement.
Adverse occupancy regulations are in existence to promote productive land usage and prevent property neglect, even though squatters’ rights may seem antiquated in today’s world.
Squatters’ rights are not covered by federal law, but there are state and federal statutes that outline the conditions for establishing adverse possession. State legislation, on the other hand, set the precedence for these rights.
Squatters Rights Lowa: Lowa Squatter Removal Procedure
Evicting a squatter requires the entire eviction process in Iowa, as it does in nearly every other state. Assuring the squatter that any adverse possession claim they submit is bogus is possible by treating them like any other renter. If you discover that someone is squattering on your property, you must give them due notice, file a formal eviction complaint with the court, and appear in person or have your lawyer appear at the hearing to evict the squatter legally. The following summarizes Iowa’s squatter eviction procedure:
Serving a legal eviction notice is the responsibility of the property owner. Among the possible eviction notifications in Iowa are:
- A three-day warning to pay or step down (in the event of nonpayment);
- A seven-day notice to remedy lease violations or vacate the property;
- A three-day notice of termination without conditions (for putting others’ health or safety in jeopardy);
- The owner is required to file an Iowa Small Claims Court lawsuit regarding the forceful detainer.
- An outside party will serve the renter with a summons that the court issues.
- To provide the judge with proof of their legitimate possession of the property, the owner must appear at the hearing.
- Ten days later, the judge will confirm ownership and issue a writ of possession, allowing the sheriff to evict the squatter.
- The squatter will have 72 hours to vacate the property before the sheriff’s deputy returns to forcefully remove them.
- Keep in mind that squatters cannot be removed by police; instead, you must contact the sheriff, who is authorized to do so.
Also Read: PRIVATE RIGHT OF ACTION: MEANING AND OVERVIEW
How Can You Keep Squatters Out of Your Unoccupied Iowa Property?
Here are some useful pointers to keep squatters out of your vacant property:
- Examine your property regularly.
- During times of vacancy, make your property appear inhabited.
- Install sufficient illumination and security equipment to prevent unwanted access.
- Use strong locks and barriers to secure all windows, doors, and access points.
- Place signs warning people not to enter the property.
- Urge your neighbors to report any shady dealings.
- To supervise and maintain the property, think about working with a property management business.
- Maintaining usage of the property, even if it’s just temporarily, can help deter squatting.
- To boost patrols and respond to trespassing, cultivate a positive connection with the local law enforcement, and inform them of the property’s vacant status.
Summary of Squatters Rights Lowa
As far as understanding the laws about property ownership and possession go, information truly is power. However, it is crucial to keep in mind that adverse possession laws frequently do not apply. It is uncommon for property neglect to the point that a squatter may remain undetected for the necessary amount of time, highlighting the significance of alertness and preemptive actions in defending property rights.
