Squatters’ rights in Rhode Island: A guide to adverse possession, eviction, and more

What are squatters’ rights in Rhode Island?

Rhode Island squatters’ rights refer to the legal process of adverse possession, which may allow someone to try to claim ownership of a property if they’ve lived there continuously for at least 10 years.

Rhode Island’s adverse possession law doesn’t mean that every unauthorized occupant qualifies. But it does place a burden on owners to monitor their properties, document who’s allowed to be there, and respond quickly if something doesn’t look right.

Many board members and owners turn to professional property management companies like FirstService Residential to help them monitor their properties, stay ahead of potential risks, and take the right steps when dealing with challenges in their building or community.

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.
 

Understanding adverse possession

Adverse possession is the process by which squatters in Rhode Island could eventually claim ownership of a property. To qualify for adverse possession in Rhode Island, the person must meet five conditions:

1. Continuous possession: The squatter must occupy the property for 10 consecutive years.
    
2. Hostile possession: The occupation must be without the owner’s permission.
    
3. Open and notorious possession: The squatter must act in a way that makes their presence obvious to anyone, including the owner.
    
4. Actual possession: The squatter must physically occupy and use the property, not just claim it on paper.
    
5. Exclusive possession: The squatter can’t share the space with the owner or others.

Finding a property manager in Rhode Island with local expertise can make it easier to stay on top of community responsibilities and regulations.
 

Can you evict a squatter in Rhode Island?

Potentially, though Rhode Island requires owners to follow a formal legal process for eviction. “Self-help” methods like changing the locks or removing someone’s belongings can expose the owner to significant legal and financial risk.

The process usually starts with a written notice asking the person to leave. If they don’t comply, the next step is often taking the issue to court. If the court rules in the owner’s favor, a sheriff or constable may carry out the eviction. However, if the squatter claims they meet the requirements for adverse possession, the case may become more complex and shift into a quiet title dispute.

Owners who discover someone living on their property without permission should speak with their property management company and consult with qualified legal counsel as soon as possible. Acting early is the best way to avoid a long-term legal issue.
 

Frequently asked questions about squatters’ rights in Rhode Island

How do you prevent squatters?

Start by putting any informal arrangements in writing. If someone’s staying in the home with your permission, even for a short time, a simple lease or occupancy agreement can help prevent confusion later. It also helps to check in regularly. Walking the property and keeping up with maintenance services can help send a clear signal that the space is being monitored. Adding “No Trespassing” signs, lights, or security cameras can also discourage someone from trying to move in unnoticed.

Staying connected with neighbors goes a long way, too. A trusted contact may be able to flag unusual activity early before it becomes a much larger issue.
 

Do squatters need to pay property taxes in RI?

No, Rhode Island law does not require a squatter to pay property taxes to successfully claim adverse possession. However, providing evidence of tax payments can bolster the squatter’s argument that their occupation is open, notorious, and under claim of right.
 

Can a guest become a squatter?

Yes. A guest who remains after permission is revoked and refuses to leave can transition into “hostile” possession, effectively becoming a squatter. Once the guest stops acting under the owner’s consent and meets the elements of hostile, open, continuous, actual, and exclusive possession for 10 years, they might attempt an adverse-possession claim.
 

What is the difference between squatting and trespassing?

Trespassing is the criminal act of entering or staying on property without permission. Law enforcement officers can often remove a trespasser immediately. Squatting starts as trespassing but involves an extended stay. Over time, a squatter may try to legitimize that occupation through adverse possession. In Rhode Island, the critical threshold is 10 years of qualifying possession. In practice, every squatter is a trespasser at first, but not every trespasser remains long enough (or meets the legal requirements) to become a squatter under adverse possession law.
 

What can boards in community associations do about squatters?

Boards don’t typically have the legal power to evict someone from a privately owned home simply for being there without permission, but they do have options when it comes to protecting the community.

If someone is living in a unit without the owner’s knowledge or outside of the lease terms, the board can alert the owner, involve property management, and recommend contacting legal counsel right away. Boards can also enforce community rules, like restrictions on who can access common areas or how a property is used, and may be able to take action if those rules are being violated. These situations are complex and should always involve the association’s attorney, especially when navigating Rhode Island HOA laws that may impact how these disputes are handled.

The earlier the board gets involved, the more options they usually have. Working closely with management and documenting issues as they arise can help protect the property and the community.
 

How a property management company can help

A professional property management company can play a key role in protecting communities from issues related to Rhode Island squatters’ rights. From routine checks to legal coordination, professional management can help boards and owners maintain control and minimize liability.

Here’s how FirstService Residential can support your community:

• Routine inspections: Scheduling regular walk-throughs and documenting signs of unauthorized occupancy.
   
• Legal coordination: Working with your board’s legal counsel to respond quickly and appropriately to suspected squatters.
   
• Working with vendors: Our network of local vendors includes locksmiths, security, and cleanup teams that can help secure a vacant unit.

FirstService Residential has helped boards and owners in Rhode Island reduce risk, preserve property values, and navigate complex occupancy issues. If you have questions about Rhode Island squatters’ rights or are dealing with a property access issue, contact FirstService Residential today.