Virginia squatters’ rights: A guide to adverse possession, eviction and more

What are squatters?

A squatter is someone living on a property without the owner’s permission and without a lease. This often happens when a property sits vacant for a long time due to foreclosure, renovation delays, or an absentee owner, and someone moves in without making any formal agreement. In Virginia, if that person stays long enough and meets a strict set of legal rules, they may try to claim ownership through a process called adverse possession. That’s why board members and property owners should act quickly if they notice someone living in a property without permission.

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. holdover tenants

A squatter moves into a property without the owner’s knowledge or permission. A holdover tenant, on the other hand, starts with a valid lease but stays in the property after their lease has ended. In Virginia, both situations often end up in court, but how the person got there still matters. Holdover tenants may still have protections under landlord-tenant law, while a long-term squatter may make a claim under adverse possession laws. For boards and owners, spotting the difference early can help avoid confusion and speed up the response. Either way, it’s smart to get legal guidance before taking action.
 

Virginia squatters' rights

Squatters’ rights in Virginia fall under a legal concept called adverse possession. This allows someone who lives on a property — openly, continuously, and without the owner’s permission — to try to claim legal ownership over time. To make that kind of claim, the person must meet very specific legal requirements for at least 15 years.
 

Understanding adverse possession

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

1. Continuous possession: The squatter must occupy the property for 15 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.

Many boards and owners turn to professional community association 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.
 

Does paying utilities or association fees help a squatter claim ownership?

In Virginia, paying association fees or property taxes could potentially support a squatter’s “claim of right,” but it does not shorten the 15-year period for adverse possession, and they must still meet all other legal requirements. Simply paying fees or staying in a property for a few months isn’t enough. Owners who learn that someone is using their address for services like mail or power should speak with legal counsel right away to document the situation and explore their options.
 

How to evict a squatter in Virginia

Squatters’ rights in Virginia require 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 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 consult with qualified legal counsel as soon as possible. Acting early is the best way to avoid a long-term legal issue.
 

How to 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.
 

What can board members do if they suspect a squatter?

Board members don’t typically have the authority to remove someone from a privately owned home, but that doesn’t mean they’re powerless. If a unit appears to be occupied without the owner's knowledge, boards can document what they observe and notify the owner or community management team right away. From there, legal counsel can determine the next step. If the person on the property is violating the association’s governing documents, Virginia HOA laws may give the board the right to enforce community rules, like restrictions on access to amenities or requirements for guest registration. Acting early can help prevent the situation from becoming a longer-term legal dispute.
 

How FirstService Residential can help

Squatters’ rights in Virginia are rarely straightforward, and they’re even harder to manage alone. Professional community association management companies like FirstService Residential can help monitor vacant units, document inspections, and coordinate next steps if someone is living in a home without permission. That might mean organizing walkthroughs, helping maintain accurate records, or bringing in trusted vendors to secure the space. We also work closely with association attorneys to comply with Virginia law.

For more than 30 years, FirstService Residential has helped boards and owners in Virginia reduce risk, preserve property values, and navigate complex occupancy issues. If you have questions about Virginia squatters’ rights or are dealing with a property access issue, contact FirstService Residential today.