What Are Virginia Squatters’ Rights?

Osprey Property Management   |   date May 2021

Virginia Squatter Eviction Laws & Rights


A squatter is someone that moves into an abandoned or vacant unit without the knowledge of the owner. Sounds illegal, right? Not necessarily!


Regardless of how bad it may seem, squatting is legal in the U.S. It is also more common than you would think. Squatters have rights. Also known as Adverse Possession rights, a squatter can successfully claim legal ownership of your property as long as they meet all the requirements. 

Real estate law


As a Virginia landlord, it’s important to be aware of these rights to prevent a squatter problem. As you probably know, you cannot just wish a squatter away. Besides being a time lag, getting rid of squatters in Virginia can be an emotionally taxing situation. 

The following are answers to commonly asked questions regarding Virginia squatters’ rights:

1. Who does the state of Virginia consider to be a squatter?


As previously mentioned, a squatter is someone that occupies property without the owner’s consent. They also don’t pay any rent. 

2. When does a Virginia squatter become a trespasser?


A squatter becomes a trespasser once the owner establishes that they are no longer welcome on their property. That said, there are a couple of things to keep in mind with regard to this. 

Firstly, the squatter may falsely claim to have a right to be on the property by presenting fraudulent documents. Secondly, if a squatter makes a successful Adverse Possession claim, their dwelling in the property will be valid. 


Have a question? Let us know!

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