Indiana Statewide Rule
Indiana Squatters and Adverse Possession Rules
Key Facts
- Adverse possession period
- 10 years (IC 34-11-2-11)
- Tax payment
- Must pay all taxes/special assessments believed due (IC 32-21-7-1)
- Required possession
- Actual, open, notorious, exclusive, hostile, continuous for 10 years
- Squatter with no claim
- Trespasser; removable through the courts, not self-help
Summary
Indiana requires 10 years of possession to claim title by adverse possession (IC 34-11-2-11), and IC 32-21-7-1 adds that the possessor must have paid 'all taxes and special assessments' reasonably believed due during that period. A squatter who fails either requirement gains no title and is a trespasser removable through the courts.
Sec. 1. (a) Except as provided in subsection (b), in an action to establish title to real property, possession of the real property is not adverse to the owner in a manner as to establish title to the real property unless the adverse possessor pays all taxes and special assessments that the adverse possessor reasonably believes in good faith to be due on the real property during the period the adverse possessor claims to have adversely possessed the real property. However, this section does not relieve any adverse possessor from proving all the elements of title by adverse possession required by law.
Full Breakdown
Indiana's adverse-possession period comes from IC 34-11-2-11, the 10-year statute of limitations governing an action 'for the recovery of the possession of real estate.' On top of the common-law elements, IC 32-21-7-1 requires that 'possession... is not adverse to the owner... unless the adverse possessor pays all taxes and special assessments that the adverse possessor reasonably believes in good faith to be due... during the period' of possession; it 'does not relieve any adverse possessor from proving all the elements of title by adverse possession required by law.' Indiana courts require possession actual, open and notorious, exclusive, hostile, and continuous for the full 10 years. A squatter lacking these, or who has not paid the taxes, is a trespasser removed through the courts, not self-help.
Violations & Penalties
Possession that is permissive, secret, interrupted, shorter than 10 years, or unaccompanied by payment of the property taxes under IC 32-21-7-1 confers no title. A squatter who never satisfies these requirements is a trespasser and is removed through the court eviction or ejectment process, with no self-help permitted.
Frequently Asked Questions
How long must a squatter possess property to claim it in Indiana?
Do you have to pay property taxes to claim adverse possession in Indiana?
Can an Indiana owner remove a squatter quickly?
Sources
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.