Home > business, community development, landlord/tenant, litigation, Real Estate > Proposed Bill Affects Landlords in Recovering Property Against “Squatters”

Proposed Bill Affects Landlords in Recovering Property Against “Squatters”

Several years ago I wrote a post about a proposed bill affecting Landlords.

The Bill affected the time frame which a property owner could bring an action to recover property; most importantly, it affected the statute of limitations for a claim of “adverse possession” or “squatters rights” by a holdover tenant.


Here’s the scenario:

Investor purchases at foreclosure. Investor finds out the Property is being occupied. Redemption period expires. Investor files suit to gain possession of the Property.  “occupant” counter-sues – and claims “I own this Property by adverse possession”.


The prior bill provided that the statute of limitations period does not apply to a person if an adverse party is asserting a claim to the property based upon adverse possession.

That bill went nowhere.


House Bill 5546 was introduced a few weeks ago and referred to the judiciary committee.

The Bill would extend the period which a “squatter” or “holdover tenant” would need to prove title by adverse possession from 15 years to 30 years.

This makes sense for Landlords: what if you purchase real estate at foreclosure sale, attempt to remove a tenant and find out they have a claim to adverse possession?

The statute would make it harder for a hold-over tenant to prove they had a lawful right to the Property.



e-mail: Jeshua@dwlawpc.com

Twitter: @JeshuaTLauka

  1. No comments yet.
  1. No trackbacks yet.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )


Connecting to %s

%d bloggers like this: