Squatters Rights in Utah: 7-Year Adverse Possession Law
Utah requires 7 years of continuous possession combined with full property tax payment for that period — a comparatively short timeline offset by a strict, mandatory tax requirement. A 2025 law created a new expedited removal remedy for trespassers, including cases involving forged rental documents.
Last reviewed July 8, 2026 — statutes and case law independently verified against official sources
Utah vs Neighboring States: Quick Comparison
- Statutory Period
- 7 years
- Tax Payment Required
- Yes
- Color of Title
- Not required
- Expedited Removal Law
- Standard process
- Statutory Period
- 20 years
- Tax Payment Required
- No
- Color of Title
- Not required
- Expedited Removal Law
- Yes 2024–2025
- Statutory Period
- 10 years
- Tax Payment Required
- No
- Color of Title
- Not required
- Expedited Removal Law
- Yes 2024–2025
- Statutory Period
- 18 years
- Tax Payment Required
- No
- Color of Title
- Not required
- Expedited Removal Law
- Yes 2024–2025
Data verified for 2026. Laws subject to change, verify with official state statutes.
The Path to Adverse Possession in Utah
A visual summary of what a claimant must complete, start to finish.
How Adverse Possession Works in Utah
To claim ownership of property through adverse possession in Utah, a claimant must possess the land for 7 years while meeting the legal requirements established under state law.
Legal Basis and Statutory Period
Utah’s adverse possession law is codified under Utah Code Ann. §§ 78B-2-208, 78B-2-209; SB 55 of 2025. The standard statutory period is 7 years of continuous, open, and hostile possession.
Property Tax Requirements
Utah requires the claimant to pay property taxes on the land for the entire 7-year period as a condition of the claim — a shorter period than most states, but paired with a mandatory tax requirement most other states do not impose.
Color of Title Rules
Color of title is not required, but the tax-payment requirement applies regardless.
Key Legal Requirements
- Actual possession
- Open and notorious possession
- Hostile possession
- Exclusive possession
- Continuous possession for 7 years with full property tax payment
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Recent Law Changes in Utah
2025: Senate Bill 55, signed March 25, 2025 and effective May 7, 2025, created an alternative remedy outside the standard eviction process for removing trespassers who lack any tenancy right, specifically addressing cases where occupants forged documents to move into a property. This is a removal-process change and does not alter the 7-year adverse possession period or its tax-payment requirement.
Utah Adverse Possession Procedures
Making an Adverse Possession Claim
To establish adverse possession in Utah, a claimant typically must:
- File a quiet title action in the district court of the county where the property is located
- Provide evidence meeting the statutory requirements of Utah Code Ann. § 78B-2-208, including continuous occupation for 7 years
- Show payment of all property taxes legally levied and assessed on the property during the full 7-year period, per Utah Code Ann. § 78B-2-209
- Demonstrate that possession was actual, open, notorious, exclusive, hostile, and continuous
- Present evidence such as witness testimony, photographs, surveys, tax receipts, and documentation of improvements
- Be prepared to address any evidence of permissive use or interruption of possession, such as the record owner paying taxes during the period
- Obtain a court judgment granting legal title to the property
Following a successful quiet title action, the claimant should record the judgment with the county recorder's office. Utah's 2025 law (S.B. 55, effective May 7, 2025) created a faster, non-eviction civil remedy for owners to remove trespassers/squatters who have no claim of tenancy, separate from the adverse possession and unlawful detainer processes.
Defending Against Squatters
Utah property owners can protect against adverse possession claims by:
- Regularly inspecting property boundaries
- Posting "No Trespassing" signs around the property perimeter
- Maintaining accurate property surveys and documentation
- Providing written permission for any allowed use of the property
- Keeping property tax payments current every year
- Taking legal action against unauthorized occupants before the statutory period expires
- Documenting property visits and inspections
Any action that interrupts the continuity of possession, such as payment of taxes by the record owner during any year of the 7-year period or legal action against the occupant, will restart the statutory period and prevent an adverse possession claim from maturing.
Removing Squatters
Utah provides property owners with several options for removing unauthorized occupants:
- Trespass Enforcement / SB 55 Process: since May 2025, owners can use Utah's expanded criminal trespass and expedited civil removal process to have law enforcement remove occupants who cannot show a lawful right of tenancy, without going through a full eviction
- Unlawful Detainer Action: file a complaint for unlawful detainer with the district court, attend the hearing (typically scheduled within about 10 days), and obtain a writ of restitution if the court rules in the owner's favor
- Have the sheriff execute the writ to remove the occupants
- Criminal Trespass Charges: pursue criminal trespass charges against squatters under Utah's criminal trespass statute, Utah Code Ann. § 76-6-206
Utah law prohibits 'self-help' evictions such as changing locks, removing doors, or shutting off utilities. Property owners must follow legal procedures to remove occupants or risk civil and criminal liability.
Notable Utah Adverse Possession Cases
Holbrook v. Carter (1967)
19 Utah 2d 288, 431 P.2d 123 (1967)
The Utah Supreme Court held that when a co-tenant conveys only 'his interest' in land (rather than the whole fee) to a grantee, the grantee becomes merely a co-tenant and does not receive color of title to the entire property. Without color of title to the whole parcel, there is no basis for a constructive ouster of the other co-tenants sufficient to support an adverse possession claim against them.
Cooper v. Carter Oil Company (1957)
7 Utah 2d 9, 316 P.2d 320 (1957)
The Utah Supreme Court upheld an adverse possession claim to unfenced grazing land in Duchesne County based on seasonal use — the claimant moved his sheep outfit onto the land for about three weeks each year until the available feed was grazed off, under a claim of ownership through a tax sale. The court found this pattern of use, repeated annually, was consistent with how an owner would actually use that type of grazing land and was sufficient to satisfy the adverse possession requirements.
Q-2, L.L.C. v. Hughes (2016)
2016 UT 8, 368 P.3d 986
The Utah Supreme Court addressed the closely related doctrine of boundary by acquiescence, holding that title to the disputed strip transfers by operation of law at the moment the doctrine's elements (objectively recognized boundary line, mutual acquiescence, adjoining landowners, and a statutory period) are satisfied — a later court judgment merely recognizes title that already vested rather than granting it.
Farrer v. Johnson (1954)
2 Utah 2d 189, 271 P.2d 462 (1954)
In a consolidated quiet-title dispute over Utah County accretion land, the Utah Supreme Court held that a claimant is not required to pay property taxes to perfect an adverse possession claim for any period during which no taxes were actually levied or assessed against the land. Because the disputed parcel was not taxed until 1914, the defendants' more than seven years of fenced, improved possession before that date was sufficient despite no tax payments.
Frequently Asked Questions About Utah Adverse Possession
How long must someone occupy my property in Utah to claim adverse possession?
In Utah, a person must occupy your property continuously for 7 years and pay all property taxes legally levied during that period to claim adverse possession under Utah Code Ann. §§ 78B-2-208, 78B-2-209. The '30-day squatter's rights' claim is a myth.
Is payment of property taxes required for adverse possession in Utah?
Yes, for any period in which taxes were actually levied and assessed. Utah Code Ann. § 78B-2-209 requires that the claimant and their predecessors have paid all taxes levied and assessed on the land for the full 7-year period. If the record owner pays taxes during any year of that period before the claimant does, it interrupts the statutory period (Christensen doctrine); if no taxes were ever assessed for a given period, tax payment is not required for that period (Farrer v. Johnson).
What is Utah's new 2025 squatter removal law (SB 55)?
Utah S.B. 55, signed March 25, 2025 and effective May 7, 2025, created a faster civil remedy allowing property owners to have trespassers and squatters who have no legitimate claim of tenancy removed without going through the full unlawful detainer/eviction process, and clarified criminal trespass enforcement against unauthorized occupants.
Can I legally remove squatters from my property in Utah?
Yes, but you must follow legal procedures. Since 2025, Utah's SB 55 process allows faster removal of trespassers without a tenancy claim. You can also use Utah's unlawful detainer process or request criminal trespass enforcement. 'Self-help' methods like changing locks or cutting off utilities remain illegal in Utah.
Can someone claim adverse possession against government-owned land in Utah?
No. Utah Code Ann. § 78B-2-201 and related provisions exempt land owned by the state of Utah, the federal government, counties, cities, and other public entities from adverse possession claims.
If someone has been using part of my land for several years, have they gained any rights to it?
Not necessarily. In Utah, adverse possession requires continuous possession for 7 years, payment of all legally assessed property taxes during that time, and possession that is actual, open, notorious, exclusive, and hostile. If you've given permission for someone to use your land, their use is not 'hostile' and cannot lead to adverse possession. Consult a real estate attorney if you're concerned about long-term unauthorized use of your land.
Can law enforcement forcibly remove a squatter in Utah, or do I need to go to court?
Utah police can arrest someone on the spot for criminal trespass under Utah Code § 76-6-206 when they entered or remain after notice and have no lease or credible claim of tenancy. Since May 7, 2025, S.B. 55 has also let an owner skip that criminal-charge route: under new Utah Code § 78B-6-817, the owner submits a sworn 'Complaint to Remove Trespassers Unlawfully Occupying Real Property' to local law enforcement attesting the occupant is not a current or former tenant under a written lease, isn't a family member, and has no pending litigation over the property; officers must then serve a notice to immediately vacate and put the owner back in possession without a separate eviction lawsuit (an owner who wrongfully invokes this is liable for triple the fair-market rent plus costs). If the occupant is a current or former tenant or otherwise has a colorable claim, Utah Code § 78B-6-814 still requires the owner to go through the standard unlawful detainer process in district court, ending in a sheriff-executed writ of restitution. S.B. 55 also created new felonies for a trespasser who causes $1,500 or more in property damage (§ 76-6-106.2) and for fraudulently selling or leasing property the person doesn't own (§ 76-6-525).
This information is provided for general educational purposes only and does not constitute legal advice. Adverse possession claims are highly fact-specific. Consult a licensed attorney in the relevant state before relying on this information.