Squatters Rights in Missouri and Adverse Possession Laws (2024)

Squatters rights and adverse possession laws exist in many states, and Missouri is no exception. The Show Me State allows unauthorized residents to take possession of a property after a certain period of time has elapsed, encouraging active land use rather than allowing properties to fall vacant.

Naturally, squatters rights can cause significant trouble for landlords in the U.S. However, squatters rights in Missouri differ in crucial ways from elsewhere in the country. As a result, landlords and tenants — or, in this case, squatters — must become familiar with the state’s laws on rights and adverse possession to know their legal standing fully.

This guide from TurboTenant will share the details of squatters rights and adverse possession in Missouri. We’ll also cover the processes that must be undertaken to remove squatters from a property and explore how landlords can prevent squatting situations in the first place.

Key Takeaways

• In Missouri, squatters rights allow unauthorized residents to take control of a property via adverse possession.
• Squatters must reside on the property for 10 years or more to claim adverse possession in Missouri.
• If a landlord discovers a squatter on their property, they must undertake legal eviction proceedings to remove the squatter.
• TurboTenant’s property management software can also help landlords avoid squatter situations.

Squatter Rights vs. Adverse Possession in Missouri

Contrary to popular belief, squatters rights and adverse possession are not synonymous with one another. Squatter rights describe the rights that a person receives after residing unauthorized on a property for a certain period. This often includes the right to a formal eviction. On the other hand, adverse possession is the process by which an unauthorized resident can take ownership of a property.

As in many other states, squatters rights in Missouri require a specific period of residency to elapse before adverse possession can be claimed. However, this residency must also meet a strict set of legal requirements in order to qualify for adverse possession.

Squatter vs. Trespasser

Property owners often assume that squatters and trespassers are the same. Both terms refer to people who have established an unauthorized presence on a property. But legally, squatters and trespassers are viewed very differently.

Under squatters rights in Missouri, squatters may be entitled to certain privileges, including the right to adverse possession, after residing on a property for a certain period of time. “Residing” is the key word here — squatters intend to establish occupancy upon the said property and may improve the property to strengthen their claim.

Meanwhile, trespassers are entitled to no such rights and cannot establish ownership. Law enforcement can remove them without an eviction process.

With this in mind, landlords will struggle much more to remove squatters than trespassers. However, squatters may be considered trespassers—and be charged as such—after property owners successfully undertake eviction proceedings.

Missouri Laws on Squatters

Missouri law does provide for squatters rights, including adverse possession. In Missouri, squatters may claim adverse possession of a property and take ownership after establishing a residence of 10 years or more.

Across the country, this is one of the shortest time periods required for adverse possession. Other states require squatters to reside on a property for 20 years or more before claiming adverse possession.

As in other states, though, squatter laws in Missouri require the squatter to demonstrate that their residence has fulfilled a strict set of legal parameters. If the squatter cannot fulfill those parameters, or if they do not have evidence, a claim for adverse possession will most likely fail despite Missouri squatters rights.

How Squatters Can Legally Claim Property in Missouri

After a residency of at least 10 years, squatters can make a claim for adverse possession and take legal ownership of a property. They do not need to pay property taxes or obtain a color of title during this time. Though these actions may strengthen a claim of adverse possession, doing so does not guarantee successful property ownership.

Instead, Missouri squatters rights require that a squatter’s residence meet the following conditions:

• Open and notorious: Squatters must not attempt to conceal their residence, but must instead make it immediately obvious — via signage, belongings, or property improvements — that they are living on the property.
• Hostile: The squatter’s residence must go against the property owner’s rights, whether that residence is purposeful or in good faith (i.e., a genuine property ownership mistake). Essentially, this means that the squatter’s residence must be unauthorized, and cannot be at the owner’s permission. They cannot be a holdover tenant with a previous Missouri lease agreement.
• Continuous: The squatter’s residence upon the property must have occurred continuously for at least 10 consecutive years, with no substantial periods of absence from the property.
• Exclusive: The squatter must be the only person residing on the property for the duration of those 10 years—the presence of other squatters or the property owner could disqualify a claim of adverse possession.
• Actual: The squatter must treat the property as their full-time residence and establish a physical presence.

Squatters must also thoroughly document the ways in which their habitation on the property fulfills these conditions.

If all of the legal requirements have been met, squatters must then go through the following steps to take ownership of the property:

• File a claim for adverse possession
• Serve notice to the original property owner
• Provide thorough documentation of rightful ownership, proving that the residence has been open and notorious, hostile, exclusive, actual, and continuous for at least 10 years
• Receive a ruling and, if supported, file for a deed to the property

Landlord Rights and Responsibilities

Squatters rights can sound daunting, but landlords in Missouri have rights, too. To prevent squatting situations and dispute adverse possession claims, property owners should note that they possess the following:

• The right to evict squatters
• The right to remove trespassers
• The right to install reasonable security measures, such as cameras and locks, that prevent unauthorized entry to a property

On the other hand, however, landlords must also ensure that their properties do not fall into the hands of squatters in the first place. While property owners dealing with squatters do not face the same expectations as a typical landlord, they are generally responsible for the following in regards to squatters:

• Must frequently check on and maintain or use property
• Must take swift action to rectify squatter or trespasser situations so claims of adverse possession do not gain ground
• Must undertake a legal eviction process to remove squatters

Squatter Rights and Responsibilities

It may seem counterintuitive, but squatters do have rights in Missouri. Like a tenant, you cannot simply remove a squatter from your property, which is one of their fundamental rights. You must evict the squatter like you would a non-paying tenant. Here are a couple more.

• The right to make improvements on the property upon which they are living
• The right to file for adverse possession after a 10-year open and notorious, hostile, actual, continuous, and exclusive residency

With that said squatters rights in Missouri do not stretch as far as many believe. Some argue that residing upon a vacant property immediately grants squatters rights to take ownership, but this is not true.

If squatters want to take ownership of a property, they are responsible for the following:

• Must thoroughly document all aspects of a hostile, open and notorious, exclusive, actual, and continuous 10-year residence upon the property
• Must treat the property as their full-time residence, with no long absences during their habitation
• Must comply with all legal decisions

How to Evict Squatters in Missouri

If landlords discover squatters on their property, they must take immediate steps to remove them. Notably, squatters rights in Missouri mean that squatters cannot be removed as quickly as trespassers. Instead, landlords must undertake formal and, at times, lengthy eviction proceedings in order to evict squatters.

Those proceedings are as follows:

• Squatters rights in Missouri demand that the landlord issue a 10-day notice to vacate.
• If the squatter does not comply, the landlord must file an eviction lawsuit.
• The landlord and squatter then appear in court to present their respective evidence of ownership.
• If the court agrees that the squatter’s residence is unauthorized, the squatter will be treated as a trespasser and can be removed from the property soon thereafter.
• Only a sheriff may physically remove the squatter from the property.

Landlords must not attempt self-eviction methods to remove squatters, such as changing locks. These actions are illegal and may carry civil and criminal penalties.

Legal Help for Landlords in Missouri

Landlords must immediately seek legal counsel to remove squatters from their property or contest an adverse possession claim. Ideally, property owners should approach a real estate attorney experienced in adverse possession and squatters rights in Missouri to learn more about their options for recourse against squatters.

Landlords may use databases such as FindLaw and Justia to search for lawyers familiar with these subjects. Property owners should pursue legal advice only from certified, reputable sources, as some form of court action will likely be required regardless of the exact circumstances. Additionally, TurboTenant partnered with EZ Evict USA to help landlords streamline evictions and remove squatters from properties quickly.

Preventing Squatter Situations

While property owners can take action to evict squatters, it’s better to prevent squatter situations from ever happening in the first place. Luckily, this can be as easy as simply checking on your property often. Frequent inspections will ensure squatters cannot establish a presence that would qualify them for an adverse possession claim.

Other methods of preventing squatters include:

• Installing security cameras and motion-detecting lights
• Securing all entry points to a property, including windows
• Posting No Trespassing signs
• Asking neighbors or a property manager to inspect the property and provide regular reports on its condition

All of these options will help landlords prevent squatters from moving in. However, TurboTenant has other assistance for property owners, so the legal nightmare of squatting situations may be avoided altogether.

How TurboTenant Can Help

TurboTenant assists landlords with the rental process from start to finish. Our thorough screening for potential tenants enables landlords to check for credit, criminal, and eviction histories so you always know who’s moving in.

Our other resources include free property management software to oversee different properties and avoid unexpected vacancies, which could encourage squatters to move into empty properties. Property owners in Missouri have successfully used TurboTenant to manage their properties inside and out, so give our resources a try.

The peace of mind is well worth it.

Disclaimer: TurboTenant does not provide legal advice. This material has been prepared for informational purposes only. All users are advised to check all applicable local, state, and federal laws and consult legal counsel should questions arise.