, it’s important for you to understand your state’s laws regarding squatters. Rhode Island law allows squatters to make an adverse possession claim on a property if they have lived there for at least ten years. The statute does not indicate they are required to pay any property taxes or make improvements.

In the U.S., there’s an unsavory reputation surrounding squatting—but it’s actually legal in a multitude of cases. This could be welcome news to anyone who does not have consistent housing, but property owners could be faced with a legal headache if they find squatters on their property.

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Who’s considered a squatter in Rhode Island?

In Rhode Island, a squatter refers to an individual residing in an unoccupied, abandoned, or foreclosed property without receiving permission from the legal owner of the property. The U.S. government has passed laws to lay out the rights of squatters since the 1850s. Thanks to these laws, there are clear boundaries that separate squatting from illegal acts, such as trespassing.

Squatting vs. trespassing vs. holdover tenants

There’s a clear distinction between squatting and trespassing, which is determined by whether the property was occupied and if the property owner made it clear that squatters are not welcome there.

If you’re living at a residence and someone decides to start living there at the same time without your permission, that is considered to be trespassing.

On the other hand, anyone squatting on your property can be charged with trespassing if you have posted signs against trespassing and expressly informed them they are not welcome to stay there. It is not necessarily trespassing if the property is vacant and the squatter does not know they are not welcome.

Another factor is holdover tenants, who are tenants who stay in a property after their lease is up. They could technically be considered as trespassers, but they can become tenants at will if they continue to pay rent and the landlord accepts the payment.

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Adverse possession laws in Rhode Island

The adverse possession law in Rhode Island grants squatters the chance to lay a legal claim to the property. To qualify, an individual must prove they have lived at the property for at least ten years and meet the requirements listed below.

However, the Rhode Island statute does not state they are required to have paid

property taxes

or made improvements to the property.

Hostile possession

The name makes this sound more aggressive than it actually is—hostile possession simply means that the individual is living at a property without the permission of the property owner. This covers instances where a trespasser knows the property belongs to another, but it also includes “good faith” or “simple” occupation cases where the individual is not aware their living situation is not legal.

Active possession

A squatter must have current active control over their residence to meet adverse possession claim requirements. Rhode Island law does not necessarily require them to make improvements, such as repairs or handle the maintenance of the property, but they need to live at the property just like a property owner would.

Open and notorious possession

Squatters are disqualified from making adverse possession claims if they were concealing their presence at the property. They can only have grounds to make a claim if they have been living at the property openly and another person could easily recognize they have taken residence there.

Exclusive possession

Sometimes there are groups of squatters occupying a property instead of just one individual. A squatter’s claim won’t be recognized in the eyes of the law if they share the property with another squatter or the property owner. They must have had exclusive possession of the property throughout the ten years they lived there.

Continuous possession

This may be the most important factor when it comes to adverse possession claims. The squatter must have been in continuous possession of the property for ten years.

The ten-year period is a fairly long time span, which makes it harder for squatters to assert their rights in Rhode Island.

Key Takeaway Squatters in Rhode Island must have continuously lived in a property for at least ten years in order to meet the requirements of making an adverse possession claim.

Does Rhode Island honor color of title claims?

Some U.S. states recognize “color of title” claims, or claims that do not require squatters to have the complete paperwork to file an adverse possession claim. Rhode Island can recognize these claims, but they are not a required part of making an adverse possession claim.

MORE: How to choose the right kind of home insurance for you

How to protect yourself from squatters

There are some legal protections for squatters in Rhode Island, but you can protect yourself and any property you own from legal woes with these easy tips:

Post “no trespassing signs: Adverse possession claims can be prevented if you make it clear squatters are not welcome at your property.

Visit your properties routinely: It’s easier for squatters to move into a property if it’s not your primary residence.

Pay property taxes on time: Paying your property taxes can weaken any other claims to your property.

Install alarms and locks: Unwanted entry into your property can be deterred by safety features.

Here are a few options if squatters are on your property: inform them you own the property and ask them to leave, offer to rent to them, contact the local authorities, or file an unlawful detainer suit.

You will need to be careful—some actions could land you in legal trouble. Do not turn off the utilities or threaten the squatters—instead, have them removed from your property the correct, legal way.

How to find affordable home and car insurance in Rhode Island

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How long can squatters stay in Rhode Island?

Theoretically, squatters could stay indefinitely in an unoccupied Rhode Island property. In order to be able to make an adverse possession claim, squatters must have lived at the property for at least ten years. It’s not technically required that they need to have paid property taxes or made improvements to the property, but it does strengthen their claim.

Do squatters have to pay property taxes in Rhode Island?

No—it is not required for squatters to pay property taxes on a property they are staying in. However, paying the property taxes does help strengthen their adverse possession claim argument.

Is it illegal to squat in a home?

Squatting isn’t necessarily illegal. In the U.S., squatting can be legal under specific circumstances if the property is unoccupied, foreclosed, or abandoned and the owner has not made it clear that squatters are unwelcome. However, trespassing is a criminal offense.

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