Vermont squatters’ rights and adverse possession: A complete guide

What is a squatter?

A squatter is someone who occupies property without the owner’s permission or any legal right to do so. In most cases, this happens when a property is vacant, unmonitored, or undergoing transition, such as between tenants. Vermont squatters’ rights are based on the legal concept of adverse possession, which allows a person to potentially gain ownership of property after occupying it for a long period under specific conditions.

It’s important to understand that squatters do not gain immediate rights to a property just by moving in. They must meet very specific legal standards over a long period of time, and property owners may be able to stop the process by taking proper action.

This article is not intended to and does not constitute legal advice or create an attorney-client relationship. Board members should consult their association’s attorney to discuss the legal implications of their decisions or actions prior to proceeding.
 

Squatters vs. tenants

The difference between a squatter and a tenant comes down to permission and documentation. A tenant has a legal agreement, such as a lease, that grants them the right to occupy a property in exchange for payment. A squatter occupies property without any authorization from the owner or community association.

A tenant who stops paying rent but continues to live on the property after their lease ends is considered a holdover tenant. A holdover tenant may be removed through eviction proceedings under landlord-tenant law. A true squatter, on the other hand, is treated as an unauthorized occupant, and the property owner must follow a different legal process to regain possession.
 

What are squatters’ rights in Vermont?

Under Vermont law, five legal criteria must typically be met for a squatter to claim adverse possession. These criteria come from Vermont court decisions applying the common-law doctrine of adverse possession and interpreting the 15-year statute of limitations for recovering land:

• Actual possession: The squatter must physically occupy the property and use it as an owner would, such as living in the home, maintaining it, or making improvements.
   
• Open and notorious possession: The occupation must be visible and obvious. It cannot be hidden or secretive. The true owner should have an opportunity to notice it.
   
• Exclusive possession: The squatter must occupy the property independently and cannot share control with the owner or other parties.
   
• Hostile possession: The occupation must be without permission. It must be against the owner’s interests or without consent.
   
• Continuous possession: The squatter must maintain occupancy without interruption for at least 15 years. Significant gaps or interruptions in possession can restart this 15-year period.

Meeting all five criteria is difficult, and Vermont courts review such cases carefully. Most squatters do not meet the full standard, but the law still requires property owners to follow due process to remove them.
 

Color of title

“Color of title” means that someone occupies property under a written document that appears to give them ownership but is legally defective or invalid. Examples might include a deed that was improperly filed, or a sale that was never completed.

In Vermont, having color of title can strengthen a claim of adverse possession because it shows the person believed they had legal ownership. However, it still requires meeting the same conditions of continuous, exclusive, and open possession for 15 years.

For community associations, color of title can sometimes arise when properties change hands through unclear transactions or estate transfers. A person living in a home under a mistaken belief of ownership may still need to resolve the title through court action.

Property managers can help prevent these disputes by keeping accurate ownership records, verifying ownership changes, and maintaining consistent communication with titleholders. This diligence reduces confusion and minimizes the risk of a successful adverse possession claim under Vermont squatters’ rights.
 

How to prevent squatters

Property owners and associations can take several practical steps to deter squatters and protect their properties:

• Conduct regular inspections: Visit vacant or seasonal properties regularly. Walk the exterior, check for signs of occupancy, and document each visit.
   
• Keep utilities off or monitored: Unusual spikes in utility usage may signal unauthorized occupation. Property managers can monitor these accounts for anomalies.
   
• Maintain the property: Well-kept properties are less likely to attract squatters. Routine landscaping and visible maintenance give the appearance of active use.
   
• Secure doors and windows: Strong locks, alarms, and clear signage such as “Private Property” or “No Trespassing” help establish intent and can support a future legal claim if needed.
   
• Communicate with neighbors: Nearby residents are often the first to notice unusual activity. Encourage them to report unauthorized use.
   
• Use professional management: A property management company in Vermont can help monitor empty homes, coordinate repairs, and keep accurate records of visits. These records can be valuable if an ownership dispute arises under Vermont squatters’ rights.

A managed property with consistent oversight rarely meets the long-term occupancy requirements needed for an adverse possession claim.
 

How to remove squatters

The first step is to report the situation to local law enforcement. Police can help determine whether the matter is a case of trespassing or if it requires a civil eviction. Next, the property owner should serve a written notice to vacate. If the squatter does not leave, the owner or association must then file a formal ejectment (eviction) action in court.

If the court rules in favor of the property owner, it will issue a writ of possession. This document authorizes the sheriff to remove the squatters legally. Property owners should avoid “self-help” methods such as changing locks, cutting utilities, or removing belongings without a court order.

Throughout the process, it’s important to document every step. Keep records of all notices, correspondence, photos, and reports, as this documentation may be required in court to show good faith and compliance with due process.

Following these steps helps property owners regain control of their property while complying with Vermont’s squatters’ rights and eviction laws. Property managers can play a key role in coordinating these efforts.
 

How a property management company can help

A professional property management company can provide critical support for communities, investors, and homeowners dealing with Vermont squatters’ rights or vacant property concerns.

At FirstService Residential, we help property owners maintain control of their assets through consistent monitoring, documentation, and communication. Our teams work closely with association board members and owners to identify risks early and coordinate appropriate action.

Our services include:

• Regular inspections: Scheduled property visits help identify unauthorized activity before it becomes a problem.
   
• Vendor coordination: We manage repairs, maintenance, and cleaning for vacant properties to keep them occupied-looking and well maintained.
   
• Legal coordination: We work with association attorneys and local law enforcement when squatters are identified, helping to initiate the proper notice and eviction process.
   
• Recordkeeping: Our managers document each inspection, report, and communication to support the owner’s legal position.
   
• Resident communication: In managed communities, we maintain clear communication with residents, helping to prevent misunderstandings about property boundaries or access.
   
• Technology support: Our FirstService Residential Connect™ platform keeps property records, maintenance logs, and communications organized and accessible to owners and boards.

To learn how FirstService Residential can support your property or community, contact a member of our team today.