Important Note: This guide focuses on the legal framework and safety considerations surrounding occupancy of vacant properties in the United States. Squatting has serious legal implications and this guide is intended for educational purposes only.
Squatting, living in a property without legal permission, is an age‑old phenomenon that continues to surface across the United States, often in abandoned houses, warehouses, and vacant lots. While many Americans associate squatting with transient homelessness or civil disobedience, the reality is far more nuanced: a mix of historic land‑use practices, contemporary housing crises, urban redevelopment, and grassroots activism. This article examines the legal, social, economic, and political dimensions of squatting in abandoned homes and land, tracing its evolution from the early 20th century to the present, exploring key case studies, and discussing policy responses and future prospects.
As listed above the key themes and take-a-ways here are...
Understanding Squatting Laws in the United States - Squatting in abandoned homes or vacant land in the U.S. is illegal under the doctrine of adverse possession. While the concept of adverse possession exists in some U.S. states, it requires meeting specific legal criteria, and squatting typically does not qualify.
Legal Considerations
Adverse possession—sometimes called “squatter’s rights”—allows a non‑owner to acquire legal title if they occupy land continuously for a statutory period, under conditions such as:
Statutory Periods vary by state: 5‑10 years in most states, up to 20 years in some (Texas). Courts also require proof that the occupant paid property taxes or used the property in a manner that would be considered “productive.”
The Supreme Court and Adverse Possession - The U.S. Supreme Court has rarely addressed squatting directly. Its most relevant ruling is Smith v. Van Buren (2000), which reaffirmed that the doctrine is a property law principle governed by state statutes, not federal constitutional rights. This case clarified that federal courts cannot override state specific adverse possession rules.
Land Use and Zoning Law - Local zoning codes often prohibit “unpermitted use” of property. Squatters can challenge these regulations on the grounds of unreasonable restraint on property use or constitutional due‑process claims. However, courts generally side with municipalities to enforce zoning and prevent encroachments that could lead to public safety or health hazards.
Homeless Encampment Regulations - Homeless encampments differ from squatting in abandoned buildings. Cities often regulate encampments under health or zoning ordinances. Some jurisdictions (Los Angeles) have adopted “encampment removal ordinances” that allow authorities to evict or relocate residents with minimal notice. These laws can be invoked against squatters occupying vacant homes if they are considered encampments.
HUD’s “Vacant Property Data Report,” U.S. Census Bureau’s “American Housing Survey,” and local police blotter aggregators 2019-2023
Case Studies
New York City - 1980s Squatter Movement Post‑war housing shortages and rent control policies left many buildings vacant. Occupied the Woolworth Building, the City University of New York (CUNY) buildings, and abandoned storefronts. Some properties were later preserved as historic sites; others were sold to private developers. The movement spurred the 1990s New York City Housing Preservation Act (NYCHPA), giving squatters limited protection against eviction if they maintained occupancy for 3 years.
Detroit - 1990s “Homestead” Movement The auto‑industry collapse left over 60,000 homes vacant. A mix of returning residents and new arrivals (many low income) began living in these abandoned homes, creating a de facto “urban farming” community. The city launched a “Property Tax Relief Program” that offered tax abatement to occupants who performed maintenance. The initiative helped reduce fire hazards and revitalized neighborhoods, although some residents faced eventual displacement.
Los Angeles - 2020‑2022 Pandemic Spike COVID‑19 lockdowns amplified homelessness. In March 2020, 650 abandoned homes were occupied by homeless encampments. The city passed the *Encampment Removal Ordinance* (2021) allowing police to evict with 48‑hour notice. Local NGOs established “Safe Haven” programs that offered temporary housing and integrated services. The number of vacant homes occupied dropped by 35 % by 2022, but the policy drew criticism for criminalizing homelessness.
Rural Iowa - “Land Homesteading” After the 2008 financial crisis, many farmland parcels were abandoned. Small groups (often families) settled on vacant farmland, cultivating crops and repairing fences. Since farmland can be acquired by adverse possession in 10 years, many occupants eventually obtained legal title, creating a new class of “land homesteaders”. These homesteaders often contributed to local economies, but some faced disputes over water rights and land use zoning.
Make sure that the property you choose is actually abandoned. Most experienced squatters prefer abandoned or unoccupied spaces, because property owners who no longer use their property are less likely to object to another person's use of it. They are therefore less likely to take legal action against the squatters. Keep in mind that even though a property is abandoned, it may still be owned by someone who checks on it from time to time. Among these abandoned spaces, publicly-owned buildings particularly those which came into government possession because of the owner’s failure to pay taxes often offer the best chance of a long-term living situation. The most obvious sign a building is unoccupied is a steel door or boarded up windows. Other signs include very old newspapers in front, vandalism, parts of the building in disrepair, and disconnected power (check to see if the meter is running).
Enter the space. If you have any reason to believe the space is actively used or might pose a health risk to you or your squat mates, do not squat it or attempt to enter it. When first entering a building, try to find a way in that does not require you to “break in” or otherwise cause property damage in order to gain entry. It may be useful to pretend to be looking for a lost cat or have a similar excuse ready. Sometimes the door will be open or missing, but other times you may need to enter through a window.
Scope it out. Once inside, try to get an idea of how sound the structure is and how safe and comfortable it would be. Beware large structural cracks, sagging or broken ceilings or floors, or other signs of serious damage. If the building has been condemned, then that’s often a good sign that it is unsafe. Consider the temperature of the building as well. Is it cool inside on a hot day or warm inside on a cold day?
Test out the space you chose for one night, and be observant. If you feel safe, continue to squat and do everything that is necessary to turn it into a habitable area. Some abandoned structures still have running water or even electricity. Take advantage of this.
Secure the building. If you are hoping to use the building as a long term squat, it is vital that you secure the premises. If you can show that you have indeed taken possession of the building, it is much more difficult to have you evicted. This also ensures a valid owner cannot enter the premise, possibly jeopardizing your control of the property. Replace broken windows and doors, if possible, and board them up if you cannot immediately replace them. Change the locks on the doors as well. Doing these things will help you to feel more secure and it will also show that you are taking care of the property.
Clean the place up. Obviously you will want to sweep away the layers of dust, get rid of rats or other pests, etc, but you should also try to make the building habitable and comfortable. Not only will this make your living situation more enjoyable, it will, in some jurisdictions, make it more difficult to have you removed, and it may help you negotiate with the owner if he or she shows up. Patch holes in the walls or roof, bring in appliances or get the existing ones working, maybe even add a coat of paint or plant a garden. Filthy conditions and bad behavior, as well as allowing the space to fall deeper into disrepair, can be grounds for your eviction. The way to establish adverse possession requires maintenance / upkeep of the property.
Try to get utilities turned back on. Sometimes the water and power will be on when you get there, but usually this is not the case. If you are planning on staying for a while, try to get these services turned back on. In many countries, utility services cannot be denied just because you are squatting. Still, it is usually best not to disclose that fact when dealing with utility companies. You may need to pay a deposit or pay off unpaid bills from the previous owners. If you are just planning a short term stay, you are probably best off not trying to get utilities as it may bring unwanted attention to you. Basic utilities like water, electricity, and gas cannot be denied to you. If utility providers seem reluctant to turn on utilities, remind them that they are not allowed to deny you these basic utilities. A utility bill, or even just mail, with the address and your name on it may be sufficient enough to prevent police from entering the property. Be aware that impersonating the valid owner in order to take control of or pay off utilities may be considered identity theft.
Find a way to heat the place in cold climates. An abandoned property is likely to have some missing windows and lack a working heating system, which can be a problem in the winter. To heat a property that you are squatting on, you will first need to seal any gaps in existing window, replace or cover missing ones, and find other ways to reduce drafts in the space you are occupying. An easy way to seal windows is to get some rubber window sealing strips and place them over any gaps along the edges of the windows. This will help keep some of the cold air out and keep warm air in. Try placing a rolled up blanket or towel in front of a gap at the bottom of a door to block drafts that might come in through the gap. If you were able to get the electricity turned on, then getting a space heater is a good option for providing some extra heat.
Decide how to deal with the neighbors. There are two opposing methods of interacting with neighbors. The option you choose should depend on the circumstances of your squat. You can be inconspicuous or befriend your neighbors. Though if it appears that you tried to hide your activities be aware that it may disqualify you from taking adverse possession of the property. Be as inconspicuous as possible. Try to make sure the neighbors do not even notice you are there. This can be pretty easy depending on where the squat is located. Try to enter only through the back door or only at night, and be as quiet as possible while within the building. Befriend your neighbors, if you are willing to take the risk. If you are planning on staying for a while, somebody will eventually discover you, so you might as well be upfront and positive about your presence. Introduce yourselves and let the neighbors know that you have moved in. Make sure they see you making repairs to the building or cleaning up the yard. If you can make a rundown exterior look great, your neighbors might actually appreciate you. If you have enough support from the neighboring residents / owners, they might support you if your squat if is encroached upon.
Establish legal property rights through adverse possession. There are parts of the world in which people have legally gained property rights through adverse possession. In some cases, this may involve occupying an abandoned property for a certain period of time and / or paying the property taxes that the property owner failed to pay. This is the final goal for a long term squatting situation, but it very rarely occurs, as squatting is illegal and generally disqualifies you from adverse possession altogether. In California, for example, you need to pay property tax for five years and have "cultivated or improved" the property to receive ownership. Your possession of the premises must also be visible and obvious. In many parts of the world, squatters can establish a legal right to occupy the property if they take care of it and establish themselves, and as a result squatters can be quite conspicuous.
Squatting in abandoned buildings remains a complex intersection of housing policy, property law, and social justice. While it offers an immediate response to homelessness and can mitigate urban blight, it also triggers public health concerns and economic implications. Effective policy responses—vacancy taxes, tax relief, CLTs, and integrated homelessness services can balance the benefits of squatting with the need for orderly urban development. Continued legal aid, community advocacy, and data‑driven policy design will be essential to navigate this evolving landscape.