Squatters move in without talking to the owner, but tenants often negotiate a lease with the owner. Usually, this is the outcome of the property remaining vacant. You might think that this is just like trespassing, but according to New Jersey law, there are several situations where it’s okay to do this.
This article will cover the rights of squatters in New Jersey and outline the steps involved in bringing an adverse possession lawsuit there.
Definition of Squatter:
Squatters are those who decide to reside without permission or legal title on a repossessed, unoccupied, or abandoned property. Stated differently, despite the choice to allow them to do so, such an individual does not have the legal right to be physically present on the land.
Given the requirements that would be required for squatting to be in play, one would assume that such a thing is extremely rare. Squatting, on the other hand, is fairly common in the United States.
Squatters Are Who?
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?
Not just squatters access or occupy properties without permission. For instance, rent that is past due is not seen as evidence of squattering by tenants. They are actually “holdover tenants,” or previous occupants without a right of possession. Tract violators are not squatters in the same sense. Crimean trespassers access your private property without your permission, whereas squatters live and occupy vacant property.
Squatters’ Rights and Adverse Possession: What Is It?
Squatters’ rights, also known as adverse possession, are extensive legal principles that allow squatters to acquire ownership of a plot of land via extended occupancy, even in the lack of the owner’s permission. 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.
There is no federal law about squatters’ rights, although state and federal statutes provide requirements for claiming adverse occupancy. State legislation, on the other hand, set the precedence for these rights.
New Jersey Squatters Rights
According to NJ Rev Stat § 2A:14-30 to 32 (2022), a squatter must fulfill one of the following requirements to successfully file a claim for adverse possession in New Jersey:
- Have a color of title for at least that long, occupy a non-woodland property for thirty years straight, and pay property taxes for at least five of those years.
- Have color of title for at least that long, occupy a forest area for 60 years straight, and pay property taxes for at least five of those years.
- The color of the title” describes non-traditional property ownership, typically in the absence of a formal deed or other legal documentation.
- Remember that although the minimum occupation changes based on the type of land being claimed (woodland vs. non-woodland), the criteria to have a color of title throughout the claim and to have paid property taxes for at least five years are always the same. Squatters in New Jersey must meet each of these three requirements for their adverse possession claim to be upheld in court.
Squatters in other states, including those in New Jersey, must meet five fundamental requirements:
- Adverse or hostile occupation requires a valid lease or rental arrangement between the owner and the squatter.
- Genuine Possession: The squatter must have lived on the property for a set amount of time.
- Open and Notorious Possession: The neighbors and other bystanders may see who owns the land. They are not trying to hide their presence or live there “in secret.”
- The property is solely in the squatter’s possession; no other person has any ownership interest. They ensure that no one else lives there in the same way as the owner.
- Continuous Possession: In New Jersey, a squatter is required to keep continuous, uninterrupted possession of the residential property for a duration of thirty to sixty years.
The Procedure in New Jersey for Squatter Eviction:
The complete legal process is necessary to evict a squatter in this state, as it is in almost all others. In New Jersey, this is likewise the situation. Treating the squatter like any other renter will allow you to assure them that any unfavorable possession claim they make is untrue.
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.
This is a Summary of the Squatter Eviction Procedure in New Jersey
The squatter must get a formal notice of eviction from the property owner in New Jersey. Depending on the infraction, there are several notice periods:
- An urgent notification to pay or resign (for nonpayment);
- A one-month notice of termination (for nonpayment of rent);
- A month’s notice to vacate (for lease violation);
- A three-day notice of unconditional quit (in the event of disorderly conduct such as unlawful action or property or other damage)
The owner files an eviction complaint with the special civil division of the New Jersey Superior Court.
Recall that in New Jersey, the law mandates that landlords who are corporations, limited liability companies, or business partnerships obtain legal representation in cases involving tenants.
If an authorized official, such as a sheriff or special civil part officer, issues a summons to a squatter, the court will issue one instead.
To resolve the issues between the squatter and landlord without a trial, the court will set up a case management conference.
If both sides are unable to settle, they will have to appear in court and present documentation of their rightful ownership.
After confirming the rightful owner of the property, the court will issue a Warrant of Removal three days after the verdict is entered.
The squatter shall have three more business days to leave the property in addition to getting the warrant.
If they don’t leave, a civil portion officer will come back to take the squatter out by force.
How to Prevent Squatters from Getting Into Your Unused New Jersey Home:
The following are some helpful tips to deter squatters from taking over your abandoned property:
- Regularly inspect your property.
- Make your property appear occupied when it’s vacant.
- Install enough lighting and security devices to stop unauthorized access.
- To secure all windows, doors, and access points, use sturdy locks and barriers.
- Post notices asking visitors to stay off the property.
- Encourage your neighbors to disclose any dubious activity.
- Consider partnering with a property management company to oversee and care for the property.
- Even if the use of the property is just temporary, keeping it occupied can help discourage squatting.
- To increase patrols and address trespassing, establish a good rapport with the local law enforcement and let them know that the property is unoccupied.
Summary of Squatters Rights New Jersey
Understanding the rules about squatters’ rights and the ownership and possession of real estate in New Jersey is crucial. As they say, knowledge is power. However, it’s crucial to keep in mind that unfavorable possession rules frequently don’t apply. Property neglect is not frequent enough for a squatter to go unnoticed for the required duration of time, which emphasizes the need to be vigilant and take preventative measures to protect property rights.
