Squatters Rights Vermont Summary
Statutory Period
15 years of continuous possession required
Primary Statute
Vermont Statutes Title 12, § 501
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 Vermont
Origins of the 30-Day Myth in Vermont
- Confusion with tenant laws: Vermont'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 Vermont 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.
Vermont's 2025 Squatter Removal Process
Vermont law provides property owners with several options to remove unauthorized occupants:
- Property owners can request law enforcement assistance in removing trespassers through Vermont's criminal trespass laws
- For situations requiring court action, Vermont 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, Vermont has strengthened trespassing penalties and clarified removal procedures
Important 2025 Update: Vermont has clarified its trespassing laws to better address squatting situations, with amendments to Vermont criminal trespass statutes to more explicitly address unauthorized property occupation. Law enforcement can now more readily remove unauthorized occupants. For actual adverse possession in Vermont, a claimant must occupy the property for 15 years, not 30 days as commonly misunderstood. Additionally, Vermont requires the possession to be open, notorious, hostile, and continuous for the entire statutory period.
Overview of Adverse Possession in Vermont
Key information about squatter's rights in Vermont
Vermont's adverse possession laws require a 15-year continuous possession period with no shortcuts for tax payment or color of title. The state follows traditional common law principles with considerations for Vermont's rural character and agricultural history.
Statutory Time Requirements
Vermont requires a continuous 15-year period of adverse possession under 12 V.S.A. § 501. Unlike some states, Vermont does not offer a shortened statutory period for those with color of title or those who pay property taxes.
Reference: Vermont Statutes
Common Law Elements
To establish adverse possession in Vermont, 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 15-year period
Rural Land Considerations
Vermont courts recognize that in the state's rural areas, appropriate land use may vary. The courts have broadly interpreted what constitutes "cultivation" or "improvement" to include:
- Maintaining boundary fences
- Seasonal agricultural activities
- Timber harvesting
- Maple sugaring
- Conservation practices
These adaptations acknowledge the practical realities of maintaining land in Vermont's rural and often mountainous terrain.
Vermont Adverse Possession Statutes
12 V.S.A. § 501. Possession of lands
A person who has entered and held possession of lands and tenements against another, claiming to hold and possess the same as owner, for 15 years continuously, shall be held and adjudged the owner of such lands.
12 V.S.A. § 502. Entry after fifteen years barred
When a person is ousted from the possession of his or her lands or tenements or is disseised thereof, he or she shall not have right to re-enter the lands or to maintain a possessory action therefor unless, within fifteen years after the ouster or disseisin, entry is made or possessory action is commenced for the recovery thereof. In such case he or she shall be barred from action for the recovery of the lands or tenements.
Important Legal Notes
- Vermont courts have consistently held that payment of property taxes, while potentially helpful evidence, is not a statutory requirement for adverse possession claims.
- Under Vermont law, multiple periods of adverse possession may be "tacked" together if there is privity between successive occupants.
- Adverse possession claims in Vermont must be initiated by filing a quiet title action in the superior court where the property is located.
- Vermont generally exempts government-owned lands from adverse possession claims.
Key Vermont Adverse Possession Cases
MacDonough-Webster Lodge No. 26 v. Wells (2003)
The Vermont Supreme Court clarified that to establish adverse possession, the claimant must show possession that is open, notorious, hostile, and continuous for the full 15-year statutory period. The court emphasized that all elements must be proven by clear and convincing evidence.
Higgins v. Ringwig (1996)
This case established that seasonal use of property in Vermont (such as a hunting camp or vacation property) can satisfy the "continuous" requirement if such use is consistent with how an owner would normally use the property, given its nature and location.
N.A.S. Holdings, Inc. v. Pafundi (2005)
The Vermont Supreme Court addressed the "hostility" element, ruling that the possessor's subjective intent is not relevant. Instead, "hostile" possession refers to possession that occurs without the true owner's permission and would give rise to a cause of action for ejectment.
Deyrup v. Schmitt (2010)
In this case involving neighboring property owners, the court emphasized the importance of exclusivity in adverse possession claims. The claimant must possess the property to the exclusion of all others, including the true owner, for the entire statutory period.
Griffith v. Nielsen (2018)
This case addressed boundary disputes, one of the most common types of adverse possession claims in Vermont. The court found that when neighbors have treated a certain fence or marker as the boundary for at least 15 years, even if it differs from the deed description, adverse possession can establish that line as the legal boundary.
Roy v. Woodstock Community Trust (2007)
This case established that permissive use cannot ripen into adverse possession. The court held that if the original entry was with permission of the owner, the possessor must clearly repudiate the owner's title by some unequivocal act brought home to the owner before adverse possession can begin.
Vermont Adverse Possession Procedures
Making an Adverse Possession Claim
To establish adverse possession in Vermont, a claimant typically must:
- File a quiet title action in the superior court of the county where the property is located
- Provide evidence meeting either:
- 10-year requirement under A.R.S. § 12-526, OR
- 5-year requirement (with color of title and tax payment) under A.R.S. § 12-527
- 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
Vermont 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
Vermont 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 Vermont's criminal trespass laws (A.R.S. § 13-1502 to § 13-1504).
- Forcible Entry and Detainer: This is Vermont'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 A.R.S. § 13-1502 to § 13-1504.
Important: Vermont 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 Vermont to claim adverse possession?
In Vermont, 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 Vermont's humid continental environment?
Vermont courts interpret "cultivation" broadly based on the nature and character of the land. In Vermont's humid continental environment, this can include traditional agricultural uses, landscaping, garden maintenance, tree planting, brush clearing, installing fencing, building structures, creating walkways, or other improvements appropriate for the specific type of property. The courts take a practical approach that evaluates whether the use is consistent with how a typical owner would use similar land in the region.
What is "color of title" in Vermont adverse possession law?
In Vermont, "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 Vermont.
Can I legally remove squatters from my property in Vermont?
Yes, but you must follow legal procedures. For clear cases of trespassing, you can request immediate law enforcement assistance under Vermont's criminal trespass laws. In other cases, you must use Vermont's forcible entry and detainer process, similar to an eviction. "Self-help" methods like changing locks or cutting off utilities are illegal in Vermont and could result in liability for the property owner.
Can someone claim adverse possession against government-owned land in Vermont?
No. Vermont law specifically exempts land owned by the state of Vermont, the federal government, counties, cities, and other public entities from adverse possession claims. This is particularly significant in Vermont, where a large percentage of land is publicly owned.
Can trespassers gain rights to my property after 30 days in Vermont?
No. This is a common misconception. In Vermont, 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 Vermont.