District of Columbia Statewide Rule
District of Columbia Adverse Possession and Squatter Removal
Key Facts
- Adverse possession period
- 15 years (D.C. Code § 12-301(a)(1))
- Vacant-land path
- 15 years of tax payment and control (§ 16-1113)
- Required possession
- Open, continuous, exclusive, hostile
- Removal
- Court ejectment; self-help is prohibited
Summary
In D.C., adverse possession requires 15 years of open, continuous, hostile possession, matching the 15-year limitations period to recover land under D.C. Code § 12-301(a)(1). Section 16-1113 offers an alternative tax-payment path for vacant land. Squatters without that history are removed through the courts, not self-help.
In an action to recover vacant and unimproved lots of ground it is not necessary, in order to maintain the defense of adversary possession, to show that the premises in controversy had been enclosed; but if it appears that the property had been assessed for taxation to the defendant, or those under whom he claims, and that he or they had regularly paid the taxes on the property and were the only persons who had exercised control over the property for a period of fifteen years before the bringing of the action, the facts shall be the equivalent of possession by actual enclosure.
Full Breakdown
D.C. Code § 12-301(a)(1) bars an action 'for the recovery of lands, tenements, or hereditaments' after 15 years, so a person who possesses property openly, notoriously, exclusively, continuously, and adversely for 15 years can claim title by adverse possession. For vacant, unimproved land, § 16-1113 provides an alternative where a claimant who was assessed for the property, paid the taxes, and 'exercised control over the property for a period of fifteen years before the bringing of the action' satisfies the possession requirement without proof of enclosure. A squatter who lacks a colorable claim is an unlawful occupant; the owner must use the courts, not self-help, to recover possession.
Violations & Penalties
No specific statutory penalty for adverse possession itself; an owner who fails to act within 15 years can lose title, while unlawful occupants who damage property or refuse to leave may face civil ejectment and criminal trespass charges.
Frequently Asked Questions
How long must a squatter occupy property to claim it in D.C.?
Can a D.C. property owner just remove a squatter?
Sources
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