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Adverse Possession vs. Squatting: What’s the Difference?

Adverse Possession vs. Squatting in New Jersey Law

Adverse Possession vs. Squatting As a real estate attorney at Zager Fuchs in Monmouth County, New Jersey, I often assist clients in untangling the confusion surrounding adverse possession and squatting. While these terms are sometimes used interchangeably, they involve different legal principles and outcomes. For property owners and potential adverse possessors, understanding these differences is essential.

New Jersey courts carefully distinguish between adverse possession and squatting. For adverse possession claims to be recognized, the claimant must meet the specific legal elements and statutory timeframes. Property owners dealing with squatters, on the other hand, have recourse through law enforcement and eviction processes.

What is Adverse Possession?

Adverse possession is a legal mechanism that allows someone to gain ownership of another person’s property. However, specific conditions must be met to successfully claim adverse possession. In New Jersey, these include meeting a statutory possession period of 20 years and fulfilling key legal criteria.

Key Elements of Adverse Possession:

Open and Notorious: The possession must be visible and obvious, giving the rightful owner notice of the occupation.
Continuous: The property must be used or occupied without interruption for the statutory period.
Hostile: The possession must occur without the owner’s permission.
Exclusive: The adverse possessor must be the sole user of the property.
Actual: There must be physical presence and use of the property, beyond mere intent to possess it.

What is Squatting?

Squatting refers to the unauthorized occupation of a property without any claim to ownership. Unlike adverse possession, squatting typically lacks the legal framework that allows for eventual ownership. Squatters are generally considered trespassers under New Jersey law and can be removed from the property through legal eviction processes.

Key Differences from Adverse Possession:

Squatters do not meet the legal criteria required for adverse possession.
Squatting is not protected by the statutory period or the “open and notorious” requirement.
Property owners can seek law enforcement assistance to address squatting, whereas adverse possession involves civil legal action.

Beach Houses in New Jersey: A Magnet for Squatters

Beach houses in New Jersey, particularly those left unoccupied during the off-season, can be attractive targets for squatters. Seasonal properties often remain vacant for months at a time, creating opportunities for unauthorized occupants to move in undetected.

According to a 2023 report on housing challenges in the U.S., approximately 20% of seasonal or vacation homes nationwide face squatting incidents, with properties in popular coastal states like New Jersey at higher risk. Local law enforcement in Monmouth and Ocean Counties has noted increased complaints about unauthorized occupants in beach houses during the winter months when many homeowners are absent.

Shore Houses Are Vulnerable Because They appear Abandoned

Property owners can take steps to deter squatters and safeguard their investments. Make sure the outside of the property is maintained and arrange for landscaping and mail collection. Consider making frequent inspections or hiring a local property management company. You can also install security cameras or alarms. If you suspect squatting, consult a real estate attorney to address the issue promptly and protect your property rights.

How a Real Estate Attorney Can Help

Navigating the complexities of adverse possession and squatting requires specialized legal expertise. A real estate attorney can:

Assess whether adverse possession criteria have been met.
Represent property owners seeking to protect their rights.
Guide individuals considering an adverse possession claim.
Facilitate eviction proceedings against squatters.

Whether you’re a property owner safeguarding your investments or someone seeking to assert a claim through adverse possession, understanding the nuances of New Jersey law is crucial.