Squatters Rights in Indiana & Adverse Possession Laws 2024

If you own a property and it’s vacant for any length of time, there’s always a chance, however slight, that a squatter could try and take up residence. But even if the squatter can’t take full ownership of your property, that doesn’t mean it won’t be costly and potentially lengthy to evict them.

When describing squatters rights, Indiana laws outline that a squatter could claim legal possession of a property through a process called “adverse possession,” though it’s tricky to prove in court.

In this guide, we’ll review Indiana landlord-tenant laws, the concept of adverse possession, and Indiana squatter laws so you can have a firm grasp on how to protect your property.

Trespassers vs. Squatters

The terms “trespasser” and “squatter” both refer to people who occupy a property without the property owner’s permission, but they have distinct differences and legal implications.

A trespasser enters or remains on a property unauthorized for a short period; they don’t intend to stay long term. In instances of trespassing, property owners can take immediate legal action to have trespassers removed.

While squatters also enter or occupy a property without the owner’s permission, they intend to occupy it over a longer term and may plan to make an ownership claim via adverse possession.

There’s no specific legal guideline for when a trespasser becomes a squatter, so property owners must closely monitor vacant properties. This proactive approach will help to prevent a trespassing situation from escalating into squatting and save landlords from costly eviction proceedings.

Legality of Squatting in Indiana

Squatting is illegal in Indiana as it’s generally considered a form of trespassing. It becomes a gray area because a squatter can attempt to take ownership of a property through adverse possession.

However, squatters can be charged with criminal trespassing if caught on a property they don’t have permission to occupy. Additionally, property owners could take civil action against a squatter to recover the cost of property damages and lost rental income.

It’s critical that property owners take action against trespassers as soon as they’re noticed on a property. The longer they stay, the more difficult it can be to remove them — even if it’s long before the squatter can claim legal ownership.

Squatters Rights and Adverse Possession Laws in Indiana

As we’ve learned above, squatting is illegal in Indiana. So, does Indiana have squatters rights? In a way, yes. Adverse possession is the guideline that describes the types of possession a squatter would need to demonstrate to take legal ownership of a property. But, it’s not the only metric used to satisfy an ownership claim.

For specific rules around squatters rights, Indiana has two laws on the books that outline what conditions a squatter must satisfy to take legal ownership of a property, IC § 32-21-7-1 and 34-11-2-11. They include requirements for property tax payments and continuous occupation.

Since every state has different requirements for successful adverse possession claims, Indiana squatters rights are no different, and we’ll break down the specifics outlined in the above laws.

How Indiana Squatters Can Legally Claim Property Through Adverse Possession

Losing a property through adverse possession is the worst-case scenario for a property owner. Although it’s very difficult to successfully argue a claim of adverse possession, and the burden of proof is sky-high, it’s not impossible.

As stated in Indiana laws IC § 32-21-7-1 and 34-11-2-11, there are five types of possession that an occupant must prove to claim adverse possession:

• Hostile: The occupant is there without the owner’s permission.
• Continuous: The squatter must establish continuous possession of the property for the entire statutory period, which is 10 years in the state of Indiana.
• Exclusive: The occupant must possess the property alone.
• Open and notorious: The occupation must be obvious to the public and the property owner. Occupation of the property in secret will not satisfy this condition.
• Actual: The squatter must physically live on the property during the statutory period.

However, to make a successful claim for squatters rights, Indiana also requires the occupier to pay property taxes for the length of the statutory period, 10 years, and satisfy four more requirements not typically in other states. These are:

• Control: The squatter must use and control the property like any owner would
• Intent: The squatter must be clear that they intend to claim ownership of the property
• Notice: The squatter must communicate notice to the legal owner of their intent to own the property, usually with open and notorious possession
• Duration: The squatter must satisfy these conditions for 10 continuous years

Clearly, the process of claiming property through adverse possession is thorough and somewhat complicated. Regardless, landlords should keep a close eye on vacant properties to prevent squatters from even considering occupying their property.

Landlord Rights & Responsibilities

Landlords have the right to remove squatters from their properties. However, they also have a responsibility to do it legally. A property owner should never forcibly remove a tenant via a self-help eviction.

Filing an eviction lawsuit is the best approach a landlord can take; eviction proceedings will also make it easier to seek damages after the eviction is complete for repairs and loss of rental income.

Squatters Rights & Responsibilities

While squatting is illegal in Indiana, squatters have the right to pursue a claim of adverse possession, assuming they meet all legal requirements. That means they can improve the property, pay property taxes, and fulfill the obligations required to file adverse possession.

For landlords, they must give proper notice if they decide to file an eviction lawsuit against the squatter, as they would in the case of a tenant.

Further, squatters are responsible for complying with any court orders against them, and failure to comply could invite civil or criminal charges.

How to Evict Squatters in Indiana

If you’ve found a squatter on your property and the authorities advise you to pursue eviction to remove them, there are specific established steps to follow to make that happen.

• Serve notice: Property owners can serve a few notice types depending on the situation’s specifics.
  • 10-day notice to pay: The property owner can choose to attempt to collect rent from the squatter and can proceed with eviction if they don’t. If you want the squatter gone, this might not be the best option.
  • 45-day notice to quit: This notice is sent for illegal drug-related activity on the property.
  • Immediate eviction: Property owners may serve this notice to move the process along more quickly if the squatter performs other illegal acts. Check local guidelines and speak with the sheriff’s department to see if this notice applies to your situation.
• The owner then files a complaint with a local Indiana court clerk.
• The court will then issue a summons to the squatter by the sheriff or court-appointed official at least 10 days before the eviction hearing.
• The owner and the squatter will attend a hearing, and each side can share evidence to support their claim.
• If the court rules in favor of the property owner, the judge will issue a Writ of Possession, which the sheriff will serve to the squatter, giving them 48 hours to 5 days to leave the property.
• If the squatter remains, the sheriff will forcibly remove them.

It’s worth pointing out again that self-help evictions are illegal, and landlords should always follow legal guidelines.

An alternative strategy might be to offer the squatter a cash settlement to leave the property. Take a look at this guide on cash-for-keys to see if it could work for your specific situation.

Legal Help for Landlords in Indiana

Luckily, there is help for landlords in Indiana who are in squatting situations.

• Indiana Self-Service Legal Center: Indiana offers a confidential messaging service for legal questions that private attorneys answer at no cost.
• Indiana Housing and Community Development Authority (IHCDA): The IHCDA offers landlords resources regarding housing rights and landlord-tenant laws.
• Indiana State Bar Association (ISBA): For landlords that have questions about squatters rights, Indiana State Bar Association can provide referrals to attorneys for legal guidance
• EZ Evict USA: Landlords who’d rather now deal with an eviction themselves can hand it off to EZ Evict USA, and they’ll do the dirty work.

Preventing Future Squatter Situations

Landlords don’t have to sit back and hope their vacant properties don’t turn into squatters den overnight. There are several measures property owners can take to help ensure squatters don’t take up residence.

• Visit the property regularly: Conduct regular inspections on vacant properties and note any changes in appearance or property damage.
• Maintain a presence: Make it obvious that you’re keeping a close eye on the unit.
• Secure the property: Ensure that all locks, doors, and windows are secured and that the house and security features are in good repair.
• Use property management software: Quickly generate leads, screen tenants, and draft lease agreements so squatters can’t gain a foothold.
• Build relationships with your property’s neighbors. Asking nearby residents to keep an eye on the place if you live far away is a favor many neighbors won’t mind.

How Property Management Software Can Help

Now that you fully understand the process and risks of squatters, TurboTenant can help with all your property management needs.

TurboTenant is property management software with built-in rental advertising to help minimize vacancies and reduce the risk that squatters move in before your tenants.

Some of TurboTenant’s best-in-class features include:

• State-specific lease agreements, including lawyer-approved Indiana agreements
• Online rental applications eliminate the need for pen and paper
• Comprehensive tenant screening and background checks so you know you’re filling your units with the most qualified applicants

Fully armed with everything you need to know about squatters rights, Indiana landlords should sign up for a free account today and learn how TurboTenant can make your property management life easier.

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.

Squatters Rights Indiana FAQ