Squatters Rights New Jersey and Adverse Possession 2024

When you begin the journey into property investment and rental opportunities, many overlook the complexities of squatting and adverse possession. While no landlord ever wants to face this situation, it’s important to understand what constitutes a squatter or adverse possession and what general and legal remedies might be available.

Each state (and sometimes city or county) has different guidelines for what defines “squatting,” so making sure you’re clear on the laws and regulations is paramount to ensuring the security and longevity of your rental properties. When defining squatter’s rights, New Jersey has very specific guidelines around how a squatter can claim property ownership and what landlords can do about it.

Let’s dive into squatters rights in New Jersey.

Key Takeaways

• There is a legal difference between squatters and trespassers
• New Jersey squatter rights state squatters can file adverse possession claims and gain ownership of a property as long as they live at a property for 30 years; for woodland properties, the period extends to 60 years.
• For the claim to succeed, the squatter must meet five possession criteria, including hostile, actual, open and notorious, exclusive, and continuous.
• New Jersey landlords must follow legal requirements to remove squatters; in some cases, evictions may be necessary.

Squatter Rights vs. Adverse Possession in New Jersey

The idea of “squatting” is often misunderstood by landlords and tenants. Two concepts generally relate to squatting — squatters rights and adverse possession. Many use the terms interchangeably, but there are distinct differences between them.

Adverse possession is the legal framework a squatter uses to claim possession of property. On the other hand, squatters rights deal with how a landlord or law enforcement official can interact with or remove a squatter from a property. Without an eviction notice, law enforcement in New Jersey cannot remove the squatter.

Squatter vs. Trespasser

The most significant difference between a squatter and a trespasser is that trespassing is a criminal offense while squatting is technically legal as long as the property owner hasn’t made it clear that the squatter is no longer welcome on the property.

For landlords, this means keeping a close eye on all owned properties to ensure that only tenants with a legal lease occupy the unit. Clear communication is paramount between landlords and tenants, and ensuring all parties sign a legally reviewed New Jersey Lease Agreement can help avoid these situations on your properties.

New Jersey Laws on Squatters

The applicable New Jersey squatter’s laws reside within state statute Stat § 2A:14-30 to 32. In defining squatter’s rights, New Jersey dictates that a squatter can file for adverse possession if they have occupied a residential property for 30 uninterrupted years or 60 years if they have occupied a woodland property uninterrupted.

In both cases, the squatter must possess a color of title for those same time periods, pay property taxes for at least five consecutive years, and meet all of the adverse possession requirements— hostile possession, open and notorious possession, actual possession, exclusive possession, and continuous possession, which we’ll detail below.

Color of title is a document that appears to be a legitimate claim to a property or piece of land but does not provide the full, legally recognized title due to a title defect. This document must be filed to qualify for adverse possession and to proceed with a claim to the property.

How Squatters Can Legally Claim Property in New Jersey

Squatter’s rights in New Jersey dictate that a squatter can claim legal property ownership under certain circumstances. The following requirements must be met to make an adverse possession claim:

• Hostile Possession: Squatters must reside in the property against the will of the owner’s interests
• Actual Possession: The squatter must actually and physically use the property as any owner or renter would.
• Open and Notorious Possession: The squatter must not hide their presence on the property.
• Exclusive Possession: The squatter must occupy the property alone, without sharing control with anyone else, including the legal owner.
• Continuous Possession: Residential property must be possessed and occupied uninterrupted for 30 years (60 years for woodland areas).

These conditions must be met, and possession must be considered hostile and notorious, meaning without permission of the actual owner and obvious to onlookers. In this situation, the squatter could legally claim the property through the New Jersey court system and attempt to take possession of the property legally.

However, a squatter’s claim is not a guaranteed success, as the courts examine several factors to determine the true legal claim to a property.

How to Evict Squatters in New Jersey

Once a landlord has determined that a squatter may be attempting to take possession of a property through an adverse possession claim, landlords must begin the process of removing them via the proper legal channels.

In other words, landlords should never attempt to forcibly or physically remove the individual.

No specific law dictates how to remove a squatter from a property; instead, a landlord should proceed through the standard legal eviction process. It’s recommended to take the following steps to initiate eviction in New Jersey:

• Report the illegal occupancy to the sheriff: Filing a report establishes a record of the incident and can be used in legal proceedings.
• Serve a notice to vacate: The landlord or property owner must notify the person occupying the property before the sheriff can remove them. If the squatter does not have a valid legal claim through adverse possession, a landlord can begin the removal process with a three-day Notice to Quit.
• Start Eviction Proceedings: If the squatter refuses to leave after being served with the 3-Day Notice to Quit, a landlord can file the eviction case in court to begin the legal eviction process.

Legal Help for Landlords in New Jersey

Being a landlord is hard work; sometimes, you need legal assistance through no fault of your own. Luckily, there are resources to help you navigate squatters rights in New Jersey and other legal matters.

• New Jersey Department of Community Affairs (DCA): The DCA is a fantastic resource for landlords in New Jersey. It provides access to programs and guidelines as well as up-to-date landlord-tenant laws.
• Legal Services of New Jersey (LSNJ): A nonprofit that offers free legal advice and assistance to low-income individuals, including landlords and tenants, in New Jersey.
• Rutgers Legal Clinics: Rutgers Law School provides free legal assistance and advice from supervised law students in various areas, including housing and landlord-tenant issues.

Finding the right legal advisor for your needs — whether a free or low-cost option or a hired attorney — all comes down to your situation. For many people, reviewing the guidelines and laws yourself could be enough to understand what needs to be done. For others, legal advice can help sort out this sticky situation.

Preventing Squatter Situations

Landlords can do a few things to ensure they don’t have squatters on their properties. First, make sure all vacant properties are properly secured so no one can gain access without your permission. You might also consider a security system for vacant units for additional protection.

Additionally, consider making the property appear like someone is living there to deter potential squatters from taking up residence. By leaving a car in the driveway or lights on inside the unit, the appearance of an occupied home could be enough to scare would-be squatters off.

Another option is to leverage software. TurboTenant’s property management software is an excellent tool for keeping track of lease agreements and issues tenants might have. It also allows you to communicate directly with every tenant.

How TurboTenant Can Help

Navigating complex rental laws, such as squatter’s rights, can be a headache for landlords and property managers. Luckily, TurboTenant is here to help.

TurboTenant features detailed information on New Jersey Landlord-Tenant laws and provides an easy way to create legally compliant New Jersey lease agreements in under five minutes. As you know, the clock always seems to tick faster when you’re waiting to fill a vacancy, and saving time is a must.

So, sign up for a free account today and protect your investment.

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.