Vermont Statewide Rule
Vermont Adverse Possession / Squatters' Rights (12 V.S.A. § 501)
Key Facts
- Required possession period
- 15 years
- Limitations statute
- 12 V.S.A. § 501
- Elements source
- Case law (open, notorious, hostile, exclusive, continuous)
- Public / charitable land
- Generally exempt from adverse possession
Summary
Vermont requires 15 years of possession before a squatter can claim land by adverse possession. Under 12 V.S.A. § 501, an action to recover land must be brought within 15 years after the cause of action accrues, so possession that is open, notorious, hostile, exclusive, and continuous for 15 years can ripen into title.
Except as otherwise provided in 32 V.S.A. § 5263, an action for the recovery of lands, or the possession thereof, shall not be maintained, unless commenced within 15 years after the cause of action first accrues to the plaintiff or those under whom he or she claims.
Full Breakdown
Under 12 V.S.A. § 501, "an action for the recovery of lands, or the possession thereof, shall not be maintained, unless commenced within 15 years after the cause of action first accrues to the plaintiff or those under whom he or she claims." Because the record owner's right to recover the land is time-barred after 15 years, a possessor who holds the property openly, notoriously, hostilely, exclusively, and continuously for the full 15-year period may acquire title by adverse possession. Vermont has not codified all the adverse-possession elements; § 501 supplies the 15-year limitations period while courts define the required character of possession. Possession under color of title or claim of right strengthens the claim. A statutory exception bars adverse possession of certain public and charitable lands.
Violations & Penalties
No specific statutory penalty; this is a civil limitations and quiet-title matter. After 15 years of qualifying adverse possession, the record owner is time-barred under 12 V.S.A. § 501 from an action to recover the land.
Frequently Asked Questions
How long must a squatter possess property in Vermont to claim it?
Does Vermont have an adverse possession statute?
Sources
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