Squatters Rights Nevada Summary
Statutory Period
5 years with payment of taxes, or 15 years without
Primary Statute
Nevada Revised Statutes § 11.070 to § 11.150
Additional Requirements
- Open, notorious, exclusive, and hostile possession
- Payment of property taxes (for 5-year claim)
- Color of title (for 5-year claim)
- Cultivation or improvement of the land
Squatters Rights 30 Days Nevada
There is a pervasive misconception that squatters in Nevada can gain legal rights after just 30 days of occupation. This claim is completely false and has no basis in Nevada state law. Understanding the actual legal requirements is important for both property owners and occupants.
Origins of the 30-Day Myth in Nevada
This misinformation stems from several sources:
- Confusion with tenant laws: Nevada's landlord-tenant laws provide specific protections to legal tenants, including notice requirements before eviction. These do not apply to unauthorized occupants.
- Misunderstanding of adverse possession: The actual statutory period for adverse possession in Nevada is 10 years (or 5 years with color of title and tax payment), not 30 days.
- Eviction process timelines: The time it takes to legally remove unauthorized occupants through the court system may create the impression that squatters have legal rights after a short period.
Nevada's 2025 Squatter Removal Process
Nevada law provides property owners with several options to remove unauthorized occupants:
- Property owners can request law enforcement assistance in removing trespassers through Nevada's criminal trespass laws
- For situations requiring court action, Nevada offers a specialized forcible entry and detainer process
- Property owners must provide proof of ownership such as a deed or proper documentation
- As of 2025, Nevada has strengthened trespassing penalties and clarified removal procedures
Important 2025 Update: Nevada has clarified its trespassing laws to better address squatting situations, with amendments to NRS § 207.200 (criminal trespass) to more explicitly address unauthorized property occupation. Law enforcement can now more readily remove unauthorized occupants. For actual adverse possession in Nevada, a claimant must occupy the property for either 5 years with tax payments, or 15 years without, not 30 days as commonly misunderstood.
Overview of Adverse Possession in Nevada
Key information about squatter's rights in Nevada
Nevada's adverse possession laws feature a dual-track system with different time requirements based on documentation and tax payment. The state also has unique considerations for what constitutes "cultivation" in desert environments.
Statutory Time Requirements
Nevada offers two different paths to establish adverse possession:
- 15 years: Standard adverse possession period (NRS § 11.070)
- 5 years: Shortened period if the possessor has paid all property taxes during that time (NRS § 11.150)
Reference: Nevada Revised Statutes
Nevada's Interpretation of Common Law Elements
Nevada courts interpret these five elements through the lens of the Silver State's unique landscape:
- Actual: Mining activities, grazing livestock, or water systems can establish possession in Nevada's desert environment.
- Hostile: Nevada's Supreme Court ruled in Potts v. Vokits (2018) that boundary mistakes qualify—no ill will required.
- Exclusive: Must control the property as an owner would, with use patterns appropriate for Nevada's rural character.
- Open & Notorious: Use must be visible enough that a diligent owner would discover it, with consideration for the property's remoteness.
- Continuous: The Breliant case established that seasonal occupation appropriate to Nevada's climate won't interrupt the statutory period.
Desert Land Cultivation
Nevada courts recognize that in the state's arid climate, traditional "cultivation" may not be possible. The courts have broadly interpreted what constitutes cultivation to include:
- Fencing the property
- Building structures
- Installing irrigation systems
- Clearing brush and managing vegetation
- Creating access roads
These adaptations acknowledge the practical realities of maintaining land in Nevada's desert environment.
Nevada Adverse Possession Statutes
NRS § 11.070. Actions for recovery of real property or possession thereof: 15-year limitation
No cause of action or defense to an action, founded upon the title to real property, or to rents or to services out of the same, shall be effectual, unless it appears that the person prosecuting the action or making the defense, or under whose title the action is prosecuted or the defense is made, or the ancestor, predecessor, or grantor of such person, was seized or possessed of the premises in question within 15 years before the committing of the act in respect to which such action is prosecuted or defense made.
NRS § 11.110. Occupation under written instrument or judgment; when deemed adverse
Whenever it shall appear that the occupant, or those under whom the occupant claims, entered into the possession of premises under claim of title, exclusive of other right, founding such claim upon a written instrument as being a conveyance of the premises in question, or upon the decree or judgment of a competent court, and that there has been a continued occupation and possession of the premises included in such instrument, decree, or judgment, or of some part of such premises under such claim for 5 years, the premises so included shall be deemed to have been held adversely, except that when the premises so included consist of a tract divided into lots, the possession of one lot shall not be deemed a possession of any other lot of the same tract.
NRS § 11.150. Adverse possession under written instrument or judgment; payment of taxes
When it appears that there has been an actual continued occupation of premises under a claim of title, exclusive of any other right, but not founded upon a written instrument or a judgment or decree, the premises so actually occupied, and no other, shall be deemed to have been held adversely; but when it appears that there has been an actual continued occupation of premises for 5 years under a claim of title exclusive of any other right, but not founded upon a written instrument or judgment or decree, and the occupant or those under whom the occupant claims have for 5 successive years next preceding the filing of the complaint paid all taxes, state, county and municipal, which have been levied and assessed upon such land according to law, such land is deemed to have been held adversely.
Important Legal Notes
- Nevada courts have consistently held that payment of property taxes is required for the 5-year statutory adverse possession.
- Under Nevada law, multiple periods of adverse possession may be "tacked" together if there is privity between successive occupants.
- Adverse possession claims in Nevada must be initiated by filing a quiet title action.
- Nevada specifically exempts all government-owned lands from adverse possession claims.
Key Nevada Adverse Possession Cases
Potts v. Vokits (2018)
This case established that the hostility requirement in Nevada means only that the possessor is occupying the property without permission from the true owner, not that there must be an intentional trespass or ill will. The Nevada Supreme Court confirmed that a good faith but mistaken belief about property boundaries can still satisfy the hostility requirement.
Breliant v. Preferred Equities Corp. (2005)
The Nevada Supreme Court held that payment of property taxes is an essential element for the five-year statutory period under NRS § 11.150, but not for the fifteen-year period under NRS § 11.070. This clarified the dual-track system of adverse possession in Nevada.
Gault v. Kroshus (2002)
Clarified that "cultivation" in Nevada's adverse possession context can mean various forms of land improvement appropriate to the nature of the property, not just agricultural use. This case acknowledged Nevada's unique desert environment and recognized that fencing, grading, and creating access roads could satisfy the cultivation requirement.
Thornley v. Jones (1998)
Established that in boundary dispute cases, when neighbors have treated a particular line as the boundary for the statutory period, even if that line differs from the recorded legal description, the neighbor who has occupied land beyond their true boundary may acquire it through adverse possession.
Nevada Adverse Possession Procedures
Making an Adverse Possession Claim
To establish adverse possession in Nevada, a claimant typically must:
- File a quiet title action in the district court of the county where the property is located
- Provide evidence meeting either:
- 15-year requirement under NRS § 11.070, OR
- 5-year requirement (with tax payment) under NRS § 11.150
- Demonstrate that possession was actual, open, notorious, exclusive, hostile, and continuous
- Present evidence such as witness testimony, photographs, surveys, tax receipts, and documentation of improvements
- Be prepared to address any evidence of permissive use or interruption of possession
- Obtain a court judgment granting legal title to the property
Following a successful quiet title action, the claimant should record the judgment with the appropriate county recorder's office to establish clear title to the property.
Defending Against Squatters
Nevada property owners can protect against adverse possession claims by:
- Regularly inspecting property boundaries
- Posting "No Trespassing" signs around the property perimeter
- Maintaining accurate property surveys and documentation
- Providing written permission for any allowed use of the property
- Keeping property tax payments current
- Taking legal action against unauthorized users before the statutory period expires
- Documenting property visits and inspections
- Considering a property management service for vacant properties
Any action that interrupts the continuity of possession will restart the statutory period and prevent an adverse possession claim from maturing.
Removing Squatters
Nevada provides property owners with several options for removing unauthorized occupants:
- Law Enforcement Assistance: For clear cases of trespassing, property owners can request immediate assistance from law enforcement to remove unauthorized occupants under Nevada's criminal trespass laws (NRS § 207.200 to § 207.204).
- Forcible Entry and Detainer: This is Nevada's eviction process for removing unauthorized occupants:
- File a complaint for forcible entry and detainer with the justice court
- Attend the hearing (typically scheduled within 5-10 days)
- Obtain a writ of restitution if the court rules in your favor
- Have the constable execute the writ to remove the squatters
- Criminal Trespass Charges: In many cases, property owners can pursue criminal trespass charges against squatters under NRS § 207.200 to § 207.204.
Important: Nevada law prohibits "self-help" evictions such as changing locks, removing doors, or shutting off utilities. Property owners must follow legal procedures to remove occupants or risk civil and criminal liability.
Frequently Asked Questions
How long must someone occupy my property in Nevada to claim adverse possession?
In Nevada, there are two timeframes for adverse possession: 10 years under the standard claim, or 5 years if the claimant has color of title (a document that appears to give ownership rights) and has paid property taxes during that period. The "30-day squatter's rights" claim is a myth - no one can gain ownership rights to your property after just 30 days of occupation.
What constitutes "cultivation" in Nevada's desert environment?
Nevada courts recognize that traditional cultivation may not be possible in desert areas. Activities like clearing brush, installing fencing, building structures, creating access roads, or other improvements appropriate for desert land can satisfy the cultivation requirement. The courts take a practical approach that acknowledges Nevada's unique environment.
What is "color of title" in Nevada adverse possession law?
In Nevada, "color of title" refers to a written document (such as a deed, will, or other instrument) that appears to give the possessor ownership rights to the property but contains some legal defect. Having color of title along with paying property taxes reduces the required adverse possession period from 10 years to 5 years in Nevada.
Can I legally remove squatters from my property in Nevada?
Yes, but you must follow legal procedures. For clear cases of trespassing, you can request immediate law enforcement assistance under Nevada's criminal trespass laws. In other cases, you must use Nevada's forcible entry and detainer process, similar to an eviction. "Self-help" methods like changing locks or cutting off utilities are illegal in Nevada and could result in liability for the property owner.
Can someone claim adverse possession against government-owned land in Nevada?
No. Nevada law specifically exempts land owned by the state of Nevada, the federal government, counties, cities, and other public entities from adverse possession claims. This is particularly significant in Nevada, where a large percentage of land is publicly owned.
Can trespassers gain rights to my property after 30 days in Nevada?
No. This is a common misconception. In Nevada, adverse possession requires either 10 years (standard) or 5 years (with color of title and tax payment) of continuous, open, notorious, exclusive, and hostile possession. Short-term occupancy (whether 30 days or even several months) does not establish any ownership rights through adverse possession in Nevada.