In Utah, a squatter must openly and continuously occupy a property for 7 years to potentially claim adverse possession. The statutory citation is Utah Code Ann. § 78B-2-214.
Key Rules at a Glance
| Rule | Detail |
|---|---|
| Adverse Possession Period | 7 years |
| Required Elements | Actual, Open, Notorious, Exclusive, Hostile, Continuous |
| Notice to Vacate | 3-day notice to pay or quit for nonpayment; other violations require written notice. |
| Eviction Process | File an eviction complaint in District Court. Utah courts are generally fast; hearings typically within 5–10 days. |
| Key Statute | Utah Code Ann. § 78B-2-214 |
| Last Updated | 2025-01 |
Possession Requirements in Utah
Utah requires actual, open, notorious, exclusive, continuous, and hostile possession for 7 years. Payment of property taxes is required under Utah's statute.
The five elements of adverse possession must all be satisfied simultaneously throughout the statutory period. If an owner gives the occupant written permission to use the property at any point, the "hostile" element is defeated — resetting the clock entirely.
Key Facts for Utah
- 7 years of continuous adverse possession required
- Utah requires payment of property taxes during the possession period
- One of the shorter adverse possession periods in the country
- Utah also requires the claimant to have exercised reasonable acts of ownership
- Salt Lake City area sees squatter issues in foreclosed properties
How to Remove a Squatter in Utah
Property owners in Utah should act quickly when an unauthorized occupant is discovered. The process depends on whether the person ever had permission to be on the property:
Trespassers (no permission ever given): Contact local law enforcement. If the person has no claim of right, police can remove them. Document the situation thoroughly.
Holdover tenants (had permission, now overstaying): 3-day notice to pay or quit for nonpayment; other violations require written notice. After serving notice, if the occupant does not vacate: File an eviction complaint in District Court. Utah courts are generally fast; hearings typically within 5–10 days.
Adverse possession claimants: If the occupant asserts a legal claim to the property and has been present for a significant period, consult a real estate attorney immediately. Do not attempt self-help eviction, as this may expose you to liability.
Dealing with a Squatter in Utah?
Every situation is different. A licensed real estate attorney in Utah can advise on notice requirements, the eviction process, and adverse possession defenses.
Frequently Asked Questions — Utah
What are squatters rights in Utah?
Utah requires 7 years of continuous, open, notorious, exclusive, and hostile possession, along with payment of property taxes during that period. Utah's period is shorter than most states, but the tax payment requirement is strictly enforced.