Nevada Statewide Rule
Nevada Adverse Possession (Squatters Rights)
Key Facts
- Occupancy period
- 5 years continuous (NRS 11.150)
- Tax requirement
- Must pay all state, county, and municipal taxes for the period
- Quiet-title action
- NRS 40.090
- Criminal squatting
- Gross misdemeanor (NRS 205.0817)
Summary
Nevada requires 5 years of continuous, adverse occupancy plus payment of all state, county, and municipal taxes for that period before a claim of adverse possession can succeed (NRS 11.150; NRS 40.090). Separately, unlawful occupancy of a vacant dwelling is a criminal gross misdemeanor under NRS 205.0817.
NRS 205.0817 Unlawful occupancy; penalty. 1. A person who takes up residence in an uninhabited or vacant dwelling and knows or has reason to believe that such residency is without permission of the owner of the dwelling or an authorized representative of the owner is guilty of unlawful occupancy. 2. A person is presumed to know that the residency described in subsection 1 is without the permission of the owner of the dwelling or an authorized representative of the owner unless the person provides a written rental agreement that: (a) Is notarized or is signed by an authorized agent of the owner who at the time of signing holds a permit to engage in property management pursuant to chapter 645 of NRS; and (b) Includes the current address and telephone number of the owner or his or her authorized representative. 3. A person convicted of unlawful occupancy is guilty of a gross misdemeanor. A person convicted of unlawful occupancy and who has been convicted three or more times of unlawful occupancy is guilty of a category D felony and shall be punished as provided in NRS 193.130 . 4. A person who is accused of unlawful occupancy pursuant to subsection 1 and has previously been convicted two times of housebreaking, unlawful occupancy or any lesser included or related offense, or any combination thereof, arising from the same set of facts is presumed to have obtained residency of the dwelling with the knowledge that: (a) Any asserted lease is invalid;
Full Breakdown
NRS 11.150 provides that 'in no case shall adverse possession be considered established unless it be shown... that the land has been occupied and claimed for the period of 5 years, continuously, and that the party or persons... have paid all taxes, state, county and municipal, which may have been levied and assessed against the land for the period mentioned, or have tendered payment thereof.' NRS 40.090 governs the action to quiet title for one in continuous adverse possession. Possession must be actual, open, hostile, exclusive, and continuous, and the tax-payment requirement makes successful claims rare. Distinct from civil adverse possession, NRS 205.0817 makes 'unlawful occupancy' of another's uninhabited or vacant dwelling a gross misdemeanor (up to 364 days in jail and a $2,000 fine), allowing owners to pursue criminal removal of squatters.
Violations & Penalties
Civil adverse possession carries no penalty: if the 5-year term and tax payment are not met, the occupant has no claim and is removed by court action. Criminally, unlawful occupancy under NRS 205.0817 is a gross misdemeanor, rising to a category D felony after three or more convictions.
Frequently Asked Questions
How long before a squatter can claim property in Nevada?
Is squatting a crime in Nevada?
Sources
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.