Squatters Rights Utah Summary
Statutory Period
7 years of continuous possession
Primary Statute
Utah Code § 78B-2-208 to § 78B-2-219
Additional Requirements
- Open, notorious, exclusive, and hostile possession
- Payment of property taxes for the entire 7-year period
- Actual occupation or improvement of the land
Squatters Rights 30 Days Utah
There is a pervasive misconception that squatters in Utah can gain legal rights after just 30 days of occupation. This claim is completely false and has no basis in Utah state law. Understanding the actual legal requirements is important for both property owners and occupants.
Origins of the 30-Day Myth in Utah
This misinformation stems from several sources:
- Confusion with tenant laws: Utah'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 Utah is 7 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.
Utah's 2025 Squatter Removal Process
Utah law provides property owners with several options to remove unauthorized occupants:
- Property owners can request law enforcement assistance in removing trespassers through Utah's criminal trespass laws
- For situations requiring court action, Utah 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, Utah has strengthened trespassing penalties and clarified removal procedures
Important 2025 Update: Utah has clarified its trespassing laws to better address squatting situations, with amendments to criminal trespass laws to more explicitly address unauthorized property occupation. Law enforcement can now more readily remove unauthorized occupants. For actual adverse possession in Utah, a claimant must occupy the property for 7 years continuously and pay all property taxes during that period, not 30 days as commonly misunderstood.
Overview of Adverse Possession in Utah
Key information about squatter's rights in Utah
Utah'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
Utah requires a specific period for establishing adverse possession:
- 7 years: Standard adverse possession period (Utah Code Ann. § 78B-2-214)
- Continuous possession: The 7-year period must be uninterrupted
- Payment of taxes: All property taxes must be paid during the entire 7-year period
Reference: Utah Code
Common Law Elements
To establish adverse possession in Utah, the following elements must be proven:
- Actual: Physical occupation of the property
- Hostile: Possession without the owner's permission
- Exclusive: Using the property as if the possessor were the owner
- Open and Notorious: Visible use that would be obvious to the true owner
- Continuous: Uninterrupted possession for the entire statutory period
Desert Land Cultivation
Utah 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 Utah's desert environment.
Utah Adverse Possession Statutes
Utah Code Ann. § 78B-2-214. Adverse possession - Continuous - Seven years - Taxes paid
Adverse possession may not be established unless it is shown that the land has been occupied and claimed continuously for seven years, and that the party and the party's predecessors and grantors have paid all taxes which have been levied and assessed upon the land according to law.
Utah Code Ann. § 78B-2-211. Possession of land under written instrument or judgment
If an occupant is claiming title to property based on a written instrument or judgment, possession is established by cultivating or improving the property, enclosing it, or using the property for fuel, pasture, or ordinary occupant use. In these cases, the claimant may acquire entire parcels described in the written claim, even if only a portion is actually used.
Utah Code Ann. § 78B-2-212. Possession not under written instrument or judgment
If the claim is not based on a written instrument, then possession is established by either a substantial enclosure, cultivation or improvement of the property, or irrigation improvements of at least $5 per acre. In these cases, only the land actually occupied may be acquired through adverse possession.
Important Legal Notes
- Utah courts have consistently held that payment of property taxes for the entire 7-year period is an essential element of adverse possession claims.
- Under Utah law, multiple periods of adverse possession may be "tacked" together if there is privity between successive occupants.
- Adverse possession claims in Utah must be initiated by filing a quiet title action.
- Utah specifically exempts all government-owned lands from adverse possession claims (Utah Code Ann. § 78B-2-216).
Key Utah Adverse Possession Cases
Holbrook v. Carter (1967)
This Utah Supreme Court case clarified that when a co-tenant conveys "his interest" in land to another party, the grantee becomes a co-tenant rather than obtaining color of title to the entire property. The court held that without color of title to the entire property, there is insufficient basis for a constructive ouster to support adverse possession.
Christensen v. Munster (1954)
The Utah Supreme Court held that payment of taxes by the record owner for one or more years during the 7-year statutory period, prior to any payment by the adverse possessor, effectively interrupts the continuity required to perfect title by adverse possession.
Cooper v. Carter Oil Company (1957)
This case established important principles regarding adverse possession of unfenced grazing land in Utah. The court held that seasonal use of grazing land can constitute adverse possession if it is done in a manner consistent with how an owner would use such property, particularly if the true owners had actual knowledge of the adverse claim.
Q-2 LLC v. Hughes (2016)
The Utah Supreme Court confirmed that title to property passes by operation of law when the elements of boundary by acquiescence are satisfied, similar to how title passes in adverse possession claims. This case addressed the closely related doctrine of boundary by acquiescence, which can establish property boundaries based on longstanding recognition and treatment of boundaries.
Utah Adverse Possession Procedures
Making an Adverse Possession Claim
To establish adverse possession in Utah, a claimant typically must:
- File a quiet title action in the district court of the county where the property is located
- Provide evidence meeting the statutory requirements of Utah Code Ann. § 78B-2-214, including:
- Continuous occupation for 7 years
- Payment of all property taxes during the 7-year period
- 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
Utah 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, such as payment of taxes by the record owner or legal action against the adverse possessor, will restart the statutory period and prevent an adverse possession claim from maturing.
Removing Squatters
Utah 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 under Utah's criminal trespass laws.
- Unlawful Detainer Action: This is Utah's legal process for removing unauthorized occupants:
- File a complaint for unlawful detainer with the district court
- Attend the hearing (typically scheduled within 10 days)
- Obtain a writ of restitution if the court rules in your favor
- Have the sheriff execute the writ to remove the squatters
- Criminal Trespass Charges: In many cases, property owners can pursue criminal trespass charges against squatters under Utah criminal code.
Important: Utah 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 Utah to claim adverse possession?
In Utah, a person must occupy your property continuously for 7 years and pay all property taxes during that period to claim adverse possession. 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 Utah's desert environment?
Utah 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 Utah's unique environment.
Is payment of property taxes required for adverse possession in Utah?
Yes. Utah Code Ann. § 78B-2-214 explicitly requires that "the party and the party's predecessors and grantors have paid all taxes which have been levied and assessed upon the land according to law" for the entire 7-year period. If the record owner pays taxes during any year of the 7-year period before the adverse possessor does, it interrupts the statutory period.
Can I legally remove squatters from my property in Utah?
Yes, but you must follow legal procedures. For clear cases of trespassing, you can request immediate law enforcement assistance under Utah's criminal trespass laws. In other cases, you must use Utah's unlawful detainer process, similar to an eviction. "Self-help" methods like changing locks or cutting off utilities are illegal in Utah and could result in liability for the property owner.
Can someone claim adverse possession against government-owned land in Utah?
No. Utah Code Ann. § 78B-2-216 specifically exempts land owned by the state of Utah, the federal government, counties, cities, and other public entities from adverse possession claims. This is particularly significant in Utah, where a large percentage of land is publicly owned.
If someone has been using part of my land for several years, have they gained any rights to it?
Not necessarily. In Utah, adverse possession requires continuous possession for 7 years, payment of all property taxes during that time, and possession that is actual, open, notorious, exclusive, and hostile. Additionally, if you've given permission for someone to use your land, their use is not "hostile" and cannot lead to adverse possession. If you're concerned about someone using your land, consult with a real estate attorney to protect your rights.