Squatters Rights in Utah & Adverse Possession Laws 2024

One of the most misunderstood and potentially disastrous situations for property owners is for a squatter to take control of your property. It may seem far-fetched, but every state in the country has rules and guidelines on the books regarding what constitutes squatting and how it all works for a reason.

Squatting can impact rental income, require thousands of dollars to untangle, and possibly result in transferring legal property ownership if it gets that far. Squatters can take control of a property through a process called “adverse possession,” but luckily for landlords it’s fairly complicated for a squatter to win such a case.

This article on squatters’ rights teaches Utah landlords about landlord-tenant laws, squatters’ rights, and adverse possession laws.

So read on to learn how you can protect your properties from squatters.

Trespassers vs. Squatters

While it might appear that trespassers and squatters are basically the same, there are important legal differences between the two categories that can have massive impacts on both the unauthorized person on the property and the property owner.

• A trespasser is someone who enters or stays on a property without the owner’s permission temporarily without the intent to stay on the property long term. Law enforcement can typically get involved to immediately remove the trespasser as long as they’re not classified as a squatter.
• A squatter is someone who occupies the property without the owner’s permission but intends to stay on the property long term and make a claim for ownership through adverse possession.

There is no specific timeframe or legal guideline that dictates exactly when a trespasser becomes a squatter, so it’s imperative that the landlord or property owner contacts law enforcement immediately upon discovering the unauthorized person, in order to avoid a lengthy eviction process.

Legality of Squatting in Utah

Squatting is illegal according to Utah law, however it’s not always quite so cut-and-dry. If the squatter remains on the property for an extended period of time without being challenged by the property owner, they may try to gain possession of the property through a process called adverse possession.

Adverse possession is a legal claim that allows a squatter to take legal possession of a property if certain conditions are met. The bar is pretty high to make a successful adverse possession claim, but if you’re not careful, these claims can convince a court that possession should be transferred.

Because claims of adverse possession can be successful, it’s incredibly important for landlords to keep a close eye on vacant properties in order to avoid the matter proceeding to court or a potential eviction proceeding.

Squatters Rights and Adverse Possession Laws in Utah

Without fully understanding squatters rights, Utah landlords are at risk of losing valuable property to a squatting claim.

If a squatter meets the possession conditions for adverse possession and continually occupies a property for 7 years, squatters in Utah could potentially make a successful claim for ownership through the court system.

Squatters rights vary from state to state, so in the next section we’ll review Utah-specific squatters rights and how they might be able to make a successful claim of ownership through adverse possession.

How Utah Squatters Can Legally Claim Property Through Adverse Possession

To make a successful claim for squatters rights, Utah laws are definitely strict. But even though it’s challenging for a squatter to successfully prove all of the conditions for transfer of ownership, a landlord losing possession of a property to a squatter is the worst-case scenario. Landlords should keep a close eye on vacant properties to avoid ever having to face such a situation, but let’s review the process.

In order to begin to prove an adverse possession claim, a squatter must possess the property in the following ways:

• Hostile: The squatter must occupy the property without the permission of the legal owner – they must be uninvited and unwelcome on the property.
• Open and notorious: The occupation of the property must be clear and obvious to anyone, including the legal owner. Occupation of the property in secret does not quality for this condition.
• Exclusive: The squatter must be the only person occupying the property, as sharing usage with others could be damaging to the claim.
• Continuous: The squatter must occupy the property for a continuous period of time without significant interruption. Any long gaps could restart the clock and cause the claim to be unsuccessful.

Utah Code § 78B-2-S214 indicates that the person hoping to make a claim for adverse possession must continuously possess the property for at least 7 years. Additionally, the occupier must pay property taxes on the property for the same 7 year period and utilize the property as any legal owner would for the claim to potentially be successful in court.

Lastly, the squatter will need to have “color of title” for at least 7 years. Color of title refers to non-traditional ownership of a property without the legal documentation (like a deed) that outlines ownership.

Landlord Rights & Responsibilities

Utah landlord-tenant laws outline the responsibility of landlords in many situations, and while squatting may be an outlier case for most property owners, many laws will still need to be followed in order to avoid facing legal consequences.

Landlords in Utah have the right to evict squatters from their properties, but generally must do so by following the formal eviction process (which we’ll review below). Landlords that wish to avoid eviction proceedings could try to negotiate with the squatter in a cash for keys settlement, which is to offer the squatter a sum of money to vacate the property.

Landlords should never attempt to forcibly remove a squatter on their own. This is considered a self-help eviction and is illegal under Utah law.

Landlords also have the right to protect their property by installing locks and security cameras on vacant units to deter squatters from ever taking root, but also the responsibility to notify law enforcement of the illegal occupation as soon as it’s noticed.

Squatters Rights & Responsibilities

While squatters don’t enjoy any special rights when illegally occupying a property, they do have the right to due process when filing for an adverse possession claim. While squatting is illegal, a squatter will be able to argue their case in court where a judge can make a ruling on the matter.

Squatters also have a responsibility to follow the adverse possession requirements exactly in order to make a successful claim, including paying property taxes for the entire time of their occupation on the property, and not doing so could invalidate their claim.

How to Evict Squatters in Utah

As noted above, self-help evictions are illegal and should never be attempted by Utah landlords. Instead, evictions should proceed in generally the same manner as any other kind of eviction.

• Serve notice to the squatter. There are three possible eviction notice types in Utah:
  • 3-day notice to pay or quit for non-payment of rent
  • 3-day notice to cure or quit for lease violations
  • 3-day unconditional notice to quit for illegal activity, illegal subletting, or other violations
• Once the time period has lapsed without curing or vacating of the squatter, the landlord should file a complaint with the court.
• The court will issue a summons to the squatter, which must be served by the sheriff or a person authorized by the court, like a process server
• The owner must attend a hearing to decide immediate possession of the property. At the hearing the landowner and the squatter can provide evidence to support their claims to a judge.
• Upon reaching a decision, the judge will either award possession to the squatter if they’ve met all the claims for adverse possession or issue an order of restitution which instructs the squatter to leave within three days.
• If the squatter does not vacate the property, the sheriff will forcibly remove them.

Legal Help for Landlords in Utah

While dealing with squatters rights, Utah landlords may feel overwhelmed with the criteria and processes that must be followed. However, there are resources available to landlords to help navigate squatting situations and other issues that might come up when renting out property.

• Utah Legal Services (ULS): ULS is a group that offers free or low-cost resources and help to landlords and tenants for all housing and rental questions.
• Utah Court’s Online Court Assistance Program (OCAP): OCAP provides assistance in drafting and filing court documents if you don’t have access to an attorney for free, or for a very low fee.
• Timpanogos Legal Center (TLC): The TLC is a free, walk-in clinic that gives access to volunteer attorneys and law students that can answer questions and provide guidance in all legal matters having to do with housing, rentals, and squatters.

Preventing Future Squatter Situations

Though it may seem scary that someone may eventually claim squatters rights, Utah landlords can take actionable steps to prevent the situation from ever cropping up.

• Regularly inspect your properties. Being present and aware of what’s happening with your vacant land or units is a sure way to head off potential squatters before they can establish possession.
• Keep the property secured. Lock all doors and windows and consider fencing or other deterrents to minimize access.
• Post clear “No Trespassing” signs. While this may seem like a trivial thing to do, posting obvious signs shows landlords are paying attention to their property.
• Utilize security cameras or security systems. Security cameras have never been cheaper or easier to install and provide peace-of-mind and easy monitoring of the property.
• Keep up appearances. Mow the lawn, repair damage, keep the property looking nice. A well-cared-for unit is less likely to attract potential squatters.

How Property Management Software Can Help

Now that you’re fully versed on squatters rights, Utah landlords should consider TurboTenant – a great resource and tool for landlords and property managers that can help to keep properties full, minimize vacancies, and prevent a squatting situation from ever happening in the first place.

TurboTenant is a property management software that provides landlords with tools and resources to cover all aspects of property management. Some of TurboTenant’s features include:

• Rental advertising and property listings on dozens of the most popular and reputable listing sites on the internet.
• State-specific and legally-reviewed lease agreements to reduce the stress of writing your own or paying a lawyer to do it.
• Online rental applications to reduce paperwork and streamline the process of getting signatures and tracking the process.
• Comprehensive and complete tenant screening ensuring you’re filling your units with the most qualified candidates.
• TurboTenant also partners with EZ Evict USA – a company that helps you manage the eviction process from start to finish.

Sign up for a free account today and let TurboTenant help to keep your units full of great candidates.

Utah Squatters Rights FAQs