In Connecticut, a person who occupies a property without permission is a squatter. State law provides a path for such individuals to gain legal ownership through a principle known as adverse possession, which allows the transfer of title if specific conditions are met over time. This article explains the doctrine of adverse possession, outlines the requirements for a claim, suggests ways for owners to protect their property, and details the formal process for removing squatters.
What is Adverse Possession in Connecticut?
The concept of adverse possession has historical roots in rewarding the productive use of land. In Connecticut, the law allows an individual to take ownership of a property if they have treated it as their own for an extended period without the owner’s consent. The primary state law, Connecticut General Statutes § 52-575, establishes a 15-year period of continuous occupation before someone can claim legal ownership.1U.S. Law :: Justia. Connecticut General Statutes § 52-575. (2024) – Entry upon land to be made within fifteen years. The law is intended to create finality in land ownership disputes, and the person making the claim must meet a strict set of criteria in court.
Key Elements for an Adverse Possession Claim
To successfully claim ownership of a property through adverse possession, a claimant must prove several distinct elements to a court.
- Actual Possession: The person must physically occupy and use the land as a typical owner would, which could involve residing in a building, cultivating land, or making other improvements.
- Open and Notorious Possession: The occupation cannot be secretive; it must be visible and obvious enough that a diligent property owner would become aware of the squatter’s presence.
- Exclusive Possession: The claimant must control the property for their own use, not sharing it with the public or the legal owner.
- Hostile Possession: This means the occupation infringes on the owner’s rights and is without their permission. If the owner grants permission, the possession is no longer hostile, defeating the claim.
- Continuous Possession: The possession must be uninterrupted for the full 15-year period, as any significant break in the occupation can reset the clock.
Unlike some states, Connecticut does not require the payment of property taxes or “color of title”—a faulty property deed—to make a claim, though these factors can strengthen a case.
Protecting Your Property from Squatters
Property owners in Connecticut can take several proactive steps to prevent adverse possession claims. Regularly inspect the property, particularly if vacant, to detect unauthorized use and demonstrate your continued interest. Securing the premises by locking doors, repairing broken fences, and ensuring the property is not easily accessible is also fundamental.
Posting “No Trespassing” signs clearly communicates that any presence is unauthorized, which helps establish the hostile nature of an occupation. If you permit someone to use your property, have a formal, written agreement. This documentation proves the use is by permission, which negates the hostile element required for an adverse possession claim.
Should you discover someone occupying your property without permission, act promptly by contacting law enforcement and sending a formal written notice demanding they leave. An owner can also interrupt a claim by serving a written notice to the squatter and recording it in the town’s land records. Keeping detailed records of all inspections and communications provides valuable evidence if a legal dispute arises.
Evicting Squatters from Your Connecticut Property
In Connecticut, property owners cannot use “self-help” methods like changing locks or shutting off utilities to remove a squatter, as these actions are illegal and can result in legal penalties. The only lawful way to remove a squatter is through a formal court procedure known as a summary process action.
The eviction process begins when the property owner serves the squatter with a “Notice to Quit.” This notice formally terminates any right to occupy the property and demands they vacate by a specific date. For occupants with no legal right to be on the property, this notice period is three days.
If the squatter does not leave by the specified date, the owner’s next step is to file a summons and complaint for summary process with the Connecticut Superior Court. The squatter will be served with these court documents and can appear at a hearing, where the owner must prove their right to possession.
Should the court rule in the owner’s favor, it will issue a judgment for possession. If the squatter still refuses to leave after a five-day stay period, the owner can request a “writ of execution.” This court order authorizes a state marshal to legally remove the squatter and their possessions. The entire process can take several weeks to months.