For homeowners in Northern Virginia, the idea of someone living in their property without permission is unsettling. Whether it’s an unoccupied rental, a vacation home, or a vacant property waiting to sell, the possibility of a squatter taking residence raises concerns about property rights, legal battles, and the financial burden of eviction.
Squatting—when someone occupies a property without legal ownership or a lease agreement—is more than inconvenient. Under certain conditions, individuals squatting may gain legal protections, making removing them a challenge..
Anyone who owns property in Northern Virginia must understand squatters’ rights, how they work, and what homeowners can do to prevent unauthorized occupation.
What Are Squatters’ Rights?
Squatters’ rights, legally referred to as adverse possession, allow individuals to claim property ownership if they have continuously occupied it for a legally defined period. The concept dates back centuries, when laws encouraged land use rather than abandonment.
While adverse possession is rarely successful in modern times, people who are squatting can still use legal loopholes to delay removal, making it crucial for property owners to act swiftly.
In Northern Virginia, squatters’ rights are governed by Virginia Code § 8.01-236 and § 8.01-237, which outline the rules for adverse possession. If a person squatting meets all legal conditions, they could eventually claim legal ownership of a property, though this is a rare and lengthy process.
Can a Squatter Actually Claim Ownership in Northern Virginia?
Yes, but it’s extremely difficult. To start the process of claiming legal ownership in Northern Virginia, an individual who’s squatting must meet all of the following types of possession:
Continuous
The person squatting must occupy the premises for at least 15 years without interruption. They cannot leave and return later to restart the time requirement.
Exclusive
The individual who’s squatting must be the sole occupant. The claim is invalid if multiple people come and go or the owner uses the property periodically.
Hostile
This type of possession doesn’t mean aggression or violence—it means occupying the property without the owner’s permission. Under adverse possession laws, a tenant who overstays a lease does not qualify as a squatter.
Open and Notorious
The person who’s squatting must be evidently living on the property. They cannot hide their occupation; it must be apparent to neighbors or anyone who checks the property.
Actual
The individual squatting must physically use the property as their own—living there, maintaining it, or making improvements.
If someone meets all these stipulations for 15 consecutive years or more, the person squatting can file a claim for ownership. However, most squatting situations don’t last long enough for adverse possession to be successful.
How Do Squatters Gain Legal Protections?
Even if a person squatting can’t claim ownership, they may still have legal protections once they establish residency. If someone has lived in a property for a certain period—often as little as 30 days—they may qualify as a tenant at will, meaning they cannot be forcibly removed without going through the formal eviction process.
This is where property owners often get frustrated. While it may seem like an open-and-shut case of trespassing, Virginia law treats squatters differently than criminal trespassers once they have established residence.
What Homeowners Can Do to Prevent Squatters
Preventing squatters is far easier than trying to remove them. Here are steps homeowners in Northern Virginia should take to protect their property:
Secure the Property
Lock all doors and windows, install security cameras or motion-sensor lights, and post “No Trespassing” signs on vacant properties.
Regularly Inspect the Property
Visit the property frequently to ensure it remains unoccupied. Ask neighbors or local contacts to report any suspicious activity. Hire a property manager if the home will be vacant for an extended period.
Remove Unauthorized Occupants Immediately
If someone enters without permission, act quickly—the longer they stay, the harder it may be to remove them legally.
Call law enforcement immediately if the individual has just entered the property. If they claim tenancy, legal eviction may be required.
Lease the Property if Possible
If the home is vacant but still owned, consider renting it rather than leaving it empty. A property with an active tenant is less likely to be targeted by squatters.
File a Trespassing Report
If someone enters without permission and hasn’t been there long enough to claim tenant status, police can remove them for trespassing. Keep documentation proving ownership and the lack of a rental agreement.
How to Remove Squatters in Northern Virginia
If an individual squatting refuses to leave, homeowners must take legal action. Here’s what the process generally involves:
Step 1: Determine Whether It’s Trespassing or Squatting
If the person squatting just arrived and has no personal belongings inside, law enforcement may remove them immediately. A formal eviction is necessary if the individual squatting has been there long enough to establish residence.
Step 2: Serve an Eviction Notice
The homeowner must issue a 5-day Notice to Quit formally requesting that the squatting individual vacate the property. If the person squatting refuses to leave, the homeowner must file for eviction in court.
Step 3: File for Eviction in Court
If the person squatting does not leave voluntarily, the homeowner must file an Unlawful Detainer Lawsuit in the local General District Court. In court, if the ruling favors the homeowner, the individual who’s squatting will be ordered to vacate.
Step 4: Request Law Enforcement Assistance
If the individual squatting still refuses to leave after the court order, the homeowner can request a Writ of Possession, allowing law enforcement to physically remove the person squatting.
Final Thoughts
Squatters’ rights in Northern Virginia can be frustrating for homeowners, especially if an unauthorized occupant establishes legal protections. The key to avoiding issues is prevention—securing the property, conducting regular inspections, and taking immediate action if unauthorized occupation occurs.
For those dealing with an ongoing squatting situation, consulting a real estate attorney is the best way to navigate Virginia’s legal system and efficiently reclaim property.
Some homeowners may find that the legal battle isn’t worth it and choose to sell to a company that buys houses in Northern Virginia. A professional who buys homes fast can make an offer on your home, quickly close the transaction, and take over the responsibility of removing the squatting individuals.