Dealing with squatters can be one of the most frustrating challenges for landlords in New Hampshire. What happens when someone moves into your property without permission? Landlords in New Hampshire must stay informed about New Hampshire squatter rights, as the legal landscape continues to evolve. In 2025, adverse possession laws and eviction procedures remain critical factors in dealing with unauthorized occupants. This guide will help you navigate your rights and take the right actions!
New Hampshire Squatter Rights: Do They Exist?
Does NH have squatters' rights?
New Hampshire squatter rights are often misunderstood. Under certain conditions, squatters may gain legal rights to a property through a process known as adverse possession. However, these rights are not automatic and require meeting strict legal requirements over an extended period.
For landlords, the key takeaway is that squatters can’t simply claim ownership overnight. The law places a high burden of proof on the squatter, and property owners have legal avenues to prevent unauthorized occupants from gaining any NH squatter's rights.
What Are Squatters' Rights?
Squatters’ rights are basically a legal loophole that allows someone to claim ownership of a property they’ve occupied for a long time, even if they don’t own it.
In New Hampshire, for a squatter to claim ownership under adverse possession, they must meet the following requirements:
- Lived there for at least 20 years without interruption. No breaks, no moving in and out.
- Acted like they owned it, meaning they didn’t share it with the real owner.
- Made their presence obvious, no sneaky, hidden living situations.
- Never had permission from the owner to be there.
This means that if you, as a property owner, catch them early and take the right legal steps, they won’t stand a chance of claiming your property.
Does New Hampshire Recognize Squatters' Rights?
Yes, New Hampshire does recognize New Hampshire squatter rights, but only under strict conditions. New Hampshire law is clear. If a squatter wants to claim ownership, they need to prove they’ve lived there continuously for 20 years without anyone telling them to leave.
However, this does not mean that squatters can easily take over a property. If a property owner takes action, such as filing for eviction or reporting trespassing, the squatter’s claim becomes much weaker. Additionally, if the squatter’s presence is challenged within that 20-year period, their claim is likely to fail.
Recent Legal Changes Impacting Squatters in NH (2025 Update)
New Hampshire has recently made some important updates to squatter laws. Here’s what’s new in 2025:
- Faster evictions – Previously, removing a squatter could take months, but new laws now allow for quicker eviction processes when a property owner provides evidence that someone is unlawfully occupying their space.
- Stronger property owner protections – Courts are now less likely to favor squatters, and landlords have an easier time regaining control of their property.
- Harsher penalties for squatters – Squatters who refuse to leave after being given legal notice may face increased fines and potential criminal charges.
These changes are great news for property owners since they make it harder for squatters to stay on a property long enough to gain any legal standing. The sooner you act, the stronger your legal position will be.
Squatting vs. Trespassing in New Hampshire: Key Differences
Squatting and trespassing may sound similar, but legally, they are two very different things.
What Is Considered Trespassing in New Hampshire?
Trespassing occurs when someone enters or remains on private property without permission. In New Hampshire, this is a criminal offense, meaning the police can step in immediately.
For example, if someone breaks into a property or refuses to leave after being asked, that’s trespassing. The owner can call law enforcement, and the trespasser can be arrested.
But what if someone has been living on the property for a while and claims they have a right to be there? That’s when things get more complicated, and it may fall under squatting laws instead.
How the Law Treats Squatters vs. Trespassers
You see an unfamiliar person staying in a state of New Hampshire abandoned property, should you call the police, or do you need to go through a formal eviction? The difference between squatters and trespassers could mean the difference between a quick removal and a long legal battle.
- Trespassing is a crime, meaning that as soon as someone enters your property without permission, you can call the police, and they can be arrested or fined.
- Squatting is when individuals occupy an abandoned, unoccupied, or vacant property without the owner's consent, intending to reside there. This, on the other hand, is often considered a civil matter, which means the police might not be able to remove them immediately—landlords may need to go through a legal eviction process instead.
In short, trespassers can be removed right away, while squatters may require legal action if they’ve been living on the property long enough.
Comparison Table: Squatting vs. Trespassing in NH
Before you assume that someone occupying your property is automatically a trespasser, take a look at this table.
The 30-Day Squatter Law: Myth vs. Reality in NH
Have you ever heard that someone can automatically gain legal New Hampshire squatter rights to your property after living there for 30 days? This belief has spread widely, but is it actually true in New Hampshire?
Does 30-Day Occupancy Grant New Hampshire Squatter Rights?
No, simply staying in a property for 30 days does not give squatters ownership rights in New Hampshire. However, there’s a reason this myth exists.
- Tenant protections kick in after 30 days. If a landlord allows someone to stay on their property for at least 30 days, intentionally or not—that person may gain tenant rights. That means the landlord must go through a formal eviction process to remove them, even if there’s no lease.
- Squatters still need 20 years for NH adverse possession. If a squatter wants to claim ownership of a property, they must occupy it continuously for at least 20 years under New Hampshire’s adverse possession laws.
So while the 30-day squatter law might make eviction more complicated, it doesn’t magically turn a squatter into a legal owner.
How Landlords Can Prevent Unauthorized Occupancy
Stopping squatters before they settle in is far easier than removing them later. Here’s what landlords can do:
- Lock all doors and windows, install security cameras, and put up “No Trespassing” signs. A well-secured building is far less attractive to squatters.
- If you own an empty home or rental, visit it often or hire someone to inspect it. The longer a property sits unattended, the more likely it is to attract squatters.
- Make sure all tenants sign a lease, and never allow someone to "stay temporarily" without paperwork. A guest who remains for 30+ days might be harder to remove later.
New Hampshire Adverse Possession Laws: How Squatters Can Claim Ownership
When a squatter stays on someone’s property long enough, they can become the legal owner, but only under very strict conditions. This is known as adverse possession, and while it’s possible, it’s not as simple as just living somewhere for a long time.
What is Adverse Possession?
Adverse possession is a legal doctrine that allows someone to claim ownership of a property if they have occupied it openly and continuously for a long period, without the owner’s permission. It exists to ensure land doesn’t sit abandoned for decades while someone else is actively using it.
Requirements for Claiming NH Adverse Possession
In New Hampshire, a squatter must meet all five of these conditions for at least 20 years to have a chance at claiming a property:
- Hostile possession – This doesn’t mean violence. In legal terms, "hostile" means without the owner’s permission, even if the squatter mistakenly believes they have a right to be there.
- Actual possession – The squatter must be physically living on the property, using it as if they were the owner (e.g., maintaining the land, making improvements, or residing there full-time).
- Open and notorious possession – Their presence must be obvious, they can’t be hiding. If the owner visits, it should be clear that someone is living there.
- Exclusive possession – The squatter must occupy the property alone, not share it with others or the actual owner.
- Continuous possession for 20 years – They must stay on the property without interruption for two decades. If they leave for long periods or the owner removes them before the 20-year mark, their claim is void.
New Hampshire Homestead Law & Its Impact on Property Owners
New Hampshire’s Homestead Law is a powerful safeguard, but many property owners don’t fully understand what it does (and doesn’t) cover. Let’s break it down.
What is the New Hampshire Homestead Law?
New Hampshire’s Homestead Protection Act (RSA 480:1) is designed to prevent homeowners from losing their primary residence due to financial hardship. In simple terms, it protects up to $120,000 of a home’s value from being seized by creditors in most cases.
Note: The law doesn’t automatically protect you from squatters. It primarily helps in cases of debt collection, not unauthorized occupants.
How Homestead Law Protects Property Owners from Squatters
The Homestead Law won’t physically remove squatters from your home, but it reinforces your legal ownership and can make it harder for them to fight back if you take action.
- It reinforces legal ownership. Because the law legally recognizes your home as your protected primary residence, it strengthens your claim against any squatter trying to argue that the property was abandoned.
- It makes adverse possession harder. For squatters to successfully claim ownership, the property usually needs to appear unclaimed or unused. If your home is legally protected under homestead laws, a squatter’s case for NH adverse possession becomes weaker.
- It can help in legal disputes. If a squatter ever tries to argue that they have New Hampshire squatter rights to stay, the Homestead Law can serve as additional legal proof that your property is actively claimed and protected under state law.
How to Evict a Squatter in New Hampshire (Updated 2025)
If you find a squatter on your property, your first instinct might be to call the police and have them removed immediately. Unfortunately, it’s not always that simple. In some cases, squatters gain limited tenant rights, meaning you may need to go through a formal eviction process.
- Determine the Status of the Occupant: Before taking any action, you need to figure out whether the person living on your property is indeed a squatter or a trespasser. A squatter is someone who occupies a property without permission and may attempt to gain New Hampshire squatter rights to the property over time, such as by claiming NH adverse possession. A trespasser, on the other hand, has entered unlawfully, with no intention of staying long-term.
- Serve an Official Eviction Notice: In New Hampshire, you cannot just kick out a squatter without going through the proper legal channels. The first step is to serve them with a Notice to Quit. This is a written eviction notice that demands the squatter leave the property. The notice must provide specific details, such as the reason for eviction, and give them a set amount of time to vacate.
- File for an Unlawful Detainer Lawsuit: If the squatter doesn’t leave after receiving the 7-day Notice to Quit, you must file an unlawful detainer lawsuit with the local district court. This is the formal eviction lawsuit that requests the court to intervene and order the removal of the squatter from your property.
- Court Hearing: Once your lawsuit is filed, the court will schedule a hearing. During the hearing, both you and the squatter will have an opportunity to present evidence. The squatter may argue that they have a right to stay, either because they’ve been living there for a certain amount of time or they believe they have an agreement (even if informal) with you.
- Obtain a Writ of Possession: In case the squatter still refuses to leave after the court hearing and the judge has ruled in your favor, the next step is to obtain a Writ of Possession from the court. This document orders the sheriff’s department to physically remove the squatter from the property.
- Secure the Property: Once the squatter is evicted, it’s important to take measures to secure your property and prevent future incidents. Squatters often target homes that appear vacant or neglected, so act quickly to protect your investment.
Handling Abandoned Property in New Hampshire: Landlord Rights & Responsibilities
What happens if a tenant leaves behind furniture, clothes, or even a car after moving out?
New Hampshire has specific laws about how landlords must handle abandoned belongings. If you don’t follow them, you could face legal trouble.
- In New Hampshire, landlords must send a written notice to the tenant’s last known address, giving them 7 days to claim their property. After that time, you may have the legal right to dispose of or sell the items.
- If the items seem valuable, landlords may be required to store them for a certain period before disposal.
- If the tenant does not claim them within that time, you can sell them to recover storage costs.
Summary
Dealing with squatters in New Hampshire requires knowledge of the New Hampshire squatter rights and eviction processes. By following the legal channels and securing your property, you can avoid prolonged issues with unauthorized occupants. Don’t forget to check out LeaseRunner for tools and advice on managing property rights and protecting your investments!
FAQs
Q1: What states are squatting legal in?
Squatting laws vary by state, but in general, squatting is illegal across the United States. However, some states have specific provisions allowing squatters to claim property through adverse possession if they meet certain requirements, like continuous occupation for a number of years. In states like California, Colorado, and Texas, adverse possession is legally recognized, and squatters can potentially claim ownership of a property under strict guidelines.
Q2: Is there a time limit for squatters in New Hampshire to claim ownership?
Yes, in New Hampshire, squatters can potentially claim ownership of a property through NH adverse possession if they’ve occupied it for 20 continuous years without the owner's permission. They must meet other strict requirements like openly and visibly using the property as their own and without interruption.
Q3: Are squatters entitled to any New Hampshire Squatter Rights?
While New Hampshire does not generally recognize squatters as tenants, squatters may attempt to claim ownership of a property after occupying it for a prolonged period (20 years in the case of adverse possession). However, property owners still have the right to remove squatters by following the legal eviction process.
