Squatters’ rights in Utah: A guide for associations and buildings

What is a squatter?

A squatter is someone who lives in a building or on land without the owner’s permission. The word can also describe someone who occupies an unused property for a long time.
 

What are squatters’ rights in Utah?

In Utah, squatters’ rights are generally established through a legal process called adverse possession. Adverse possession is a legal process that may allow someone to gain ownership after occupying and claiming property continuously for at least seven years.

During that time, the person generally must:

• Possess the property openly and visibly
   
• Use the property continuously for the full seven-year period
   
• Possess the property without the legal owner’s permission
   
• Claim the property adversely to the legal owner’s title
   
• Pay all property taxes levied and assessed on the land during the seven-year period

The law presumes that someone occupying another person’s property is doing so under the legal owner’s title unless adverse possession is proven. Simply occupying a vacant property, paying utilities, or receiving mail there is not enough to gain ownership (Utah Code §§ 78B-2-208–214).
 

Utah’s 2025 trespasser removal law

In 2025, Utah passed Senate Bill 55, giving property owners a faster option for removing certain trespassers without going through the usual eviction process. The law took effect May 7, 2025. Under the law, a property owner or the owner’s authorized agent may submit a verified “Complaint to Remove Trespassers Unlawfully Occupying Real Property” to local law enforcement.

The complaint is signed under penalty of perjury and requires evidence of ownership or agency, along with sworn statements showing that the statutory conditions for removal are met. When the complaint is verified and the owner appears entitled to relief, law enforcement must act without delay to serve notice to vacate and return possession to the owner or authorized agent (Utah Code § 78B-6-817).
 

Who is not covered by Utah’s trespasser removal law?

Utah’s expedited process may not apply to:

• A current or former tenant under a written rental agreement authorized by the property owner
   
• Someone who is an owner, co-owner, or listed on the property’s title unless title fraud is involved
   
• An immediate family member of the owner
   
• Situations in which litigation involving the real property is already pending between the owner and the occupant (Utah Code § 78B-6-817).

A tenant who remains after a lease ends or fails to pay rent generally must be removed through Utah’s judicial eviction process (Utah Code §§ 78B-6-802, 78B-6-814). Owners should seek legal advice when the occupant claims to have a lease, permission, an ownership interest, or another right to remain.
 

Penalties for filing a false trespasser complaint

The removal complaint is signed under penalty of perjury. A person who is wrongfully removed may bring a civil claim based on false statements or improper use of the expedited process.

A court may restore the person to possession and award actual costs and damages, statutory damages equal to three times the dwelling’s fair market rent, court costs, and reasonable attorneys’ fees. Utah law directs courts to expedite hearings and trials involving wrongful removal claims (Utah Code § 78B-6-817).
 

What should an association do if a squatter is discovered?

First, determine whether the property belongs to the association or an individual owner. The condo or HOA manager should document visible conditions, notify the owner, and contact association counsel when appropriate.

If the association owns the property (or is authorized to act for the owner), the board can work with counsel and local law enforcement to determine whether Utah’s expedited trespasser removal process applies. This early review can help the board respond to concerns involving squatters’ rights in Utah without exceeding the association’s authority.
 

Can an association remove a squatter from a privately owned home?

An association generally cannot initiate removal from a privately owned home unless it is legally authorized to act for the property owner. For a privately owned home, the deeded owner is usually responsible for pursuing removal.

However, the association may be able to address separate covenant violations, contact the owner, preserve relevant records, and respond to conditions affecting common areas or community safety. Utah’s procedure specifically authorizes the property owner or the owner’s authorized agent to submit the removal complaint.
 

Tips for preventing squatters

Owners and associations can reduce the risk of unauthorized occupancy by keeping vacant properties secure and visibly maintained.

• Inspect vacant properties regularly: Document the date and condition of each visit.
   
• Secure entry points: Repair damaged doors, windows, locks, fences, and gates promptly.
   
• Maintain the exterior: Address overgrown landscaping, accumulated mail, and visible damage.
   
• Use security measures: Cameras, alarms, and motion-activated lighting may discourage entry.
   
• Keep records organized: Maintain deeds, surveys, photographs, inspection reports, and owner contact information.
   
• Report concerns promptly: Ask residents and staff to report unusual activity at vacant properties.
   
• Contact counsel early: Legal advice can help determine whether the occupant is a trespasser, current or former tenant, family member, or someone asserting a property interest.

These measures can reduce the risks connected with squatters’ rights in Utah and help owners respond before unauthorized occupancy becomes harder to resolve.
 

How FirstService Residential can help

Depending on the community’s property type, governing documents, management agreement, and the association’s authority, management may help boards monitor association-owned areas, document visible conditions, coordinate approved vendors, maintain authorized key-control procedures, and escalate reported concerns.

If suspected unauthorized occupancy occurs, management may help document visible conditions, notify the responsible property owner, preserve relevant association records, and coordinate with association counsel or law enforcement as authorized.
 

About FirstService Residential

FirstService Residential supports Utah communities with local expertise backed by national resources. Our teams help boards stay organized with governance support, recordkeeping, financial management, budgeting support, vendor coordination, resident communication, rule enforcement support, and 24/7 customer care.

To learn how FirstService Residential can support your association, contact our Utah team today.

This information is provided for general informational purposes only and is not intended to constitute, and should not be relied upon as, legal, regulatory, financial, or operational advice, or as a representation or guarantee of any specific services, capabilities, or outcomes. Property management needs, regulatory requirements, market conditions, and available services vary by jurisdiction, property type, and community. FirstService Residential provides services through locally based affiliates and associates, and services and results may vary by community, region, contractual terms, and applicable law.