Virginia Squatters Law: Adverse Possession and How to Remove Them

This article is part of Virginia landlord-tenant law: rights, rent, and rules. It explains what “squatters’ rights” mean in the Commonwealth, how the 15-year adverse possession rule works, and the court process an owner uses to remove someone living on property without permission.

What “squatters’ rights” means in Virginia

A squatter is a person occupying property without the owner’s permission and without a rental agreement. That second point does real work. Under Va. Code § 55.1-1200, a “tenant” is a person entitled to occupy a dwelling only under the terms of a rental agreement. A squatter has no agreement, so the tenant obligations and protections of the Virginia Residential Landlord and Tenant Act do not arise from the squatter’s presence alone.

The phrase “squatters’ rights” is shorthand for adverse possession. It is the only path by which continued occupation of someone else’s land can ripen into legal ownership. Occupying a property does not transfer any rights overnight, and it does not make the occupant a tenant. Until the long adverse possession period runs, a squatter remains a person the owner can remove through the courts.

It helps to separate three situations that get blurred together. A trespasser enters or stays without permission and can face criminal charges. A holdover tenant once had a lease that ended and now overstays; that person is removed as a tenant under landlord-tenant law. A squatter never had permission at all and is neither, which is why the removal route and the ownership question both turn on the property statutes rather than on a lease.

Adverse possession: Virginia’s 15-year rule

Virginia sets the clock at 15 years. Under Va. Code § 8.01-236, no person may bring an action to recover land unless the action is brought within 15 years after the right to do so first accrued. An owner who takes no action for that entire period can lose the ability to eject the occupant, and the occupant may be able to claim title.

Virginia courts require an adverse possessor to prove that the possession was, for the full 15 years, actual, open and notorious, exclusive, hostile, and continuous. “Actual” means physically using the land the way an owner would. “Open and notorious” means the use is visible enough that a diligent owner would notice it. “Exclusive” means the possessor is not sharing possession with the true owner or the general public. “Hostile” means occupying without the owner’s permission. “Continuous” means the 15 years run without a meaningful break.

Color of title and tacking

“Color of title” means the occupant holds a document, such as a defective or invalid deed, that appears to grant ownership but does not actually do so. Color of title does not shorten the 15-year period in Virginia, but it can help define the boundaries of what the occupant possesses and can strengthen the claim to the whole parcel described in the document rather than only the portion actually used. Successive occupants can also “tack” their periods together when they are in privity, so that consecutive possessions add up toward the 15 years under Va. Code § 8.01-236.

Removing a squatter: unlawful detainer, not self-help

Virginia owners cannot remove an occupant by force or trick. Changing the locks, shutting off utilities, or hauling out belongings invites liability, even when the occupant has no right to be there. The lawful route is a court case.

In Virginia, that case is called unlawful detainer, and housing removal cases are heard in the General District Court. The action rests on Va. Code § 8.01-124, which lets a person entitled to possession file against someone who unlawfully withholds the premises, no matter what right or title the removed party claims. An owner should not wait indefinitely: an unlawful entry or detainer action must be brought within three years of the entry or detainer under Va. Code § 8.01-236.

1. Identify the occupant and document the situation

   The owner gathers proof of ownership, such as the deed, and identifies who is occupying the property. Because the occupant has no lease, the case proceeds on the owner’s right to possession rather than on a rental agreement.

2. File a summons for unlawful detainer

   The owner files a Summons for Unlawful Detainer (form DC-421) with the General District Court for the city or county where the property sits. The court sets a return date for the first appearance.

3. Serve the occupant

   The occupant must be served with the summons so the court has authority to decide possession. Service is handled through the sheriff or another authorized method.

4. Attend the hearing

   At the return date, the owner presents proof of ownership and the right to possession. If the occupant contests the case, the court may set it for a later trial date.

5. Obtain judgment and a writ of eviction

   If the court finds for the owner, it enters a judgment for possession. The owner then requests a writ of eviction, which directs the sheriff to remove the occupant and restore possession to the owner.

What to expect after the case is filed

An unlawful detainer moves faster than a suit to quiet title, but it is still a court process with a first appearance, possible trial, and post-judgment steps. If the owner proves the right to possession, the court enters judgment and the owner obtains the writ of eviction that a sheriff carries out. The occupant does not gain a lease or tenant status by contesting the case; the question before the court is who is entitled to possession.

An unlawful detainer leaves a court record. When a case is dismissed or ends in the occupant’s favor, that party can ask the court to expunge the record. According to Virginia’s court self-help resources, qualifying unlawful detainers filed after July 1, 2024 are expunged automatically, while older cases can be expunged by petition once the waiting period has passed.

When adverse possession fails

Most squatter situations never become ownership claims, because one of the required elements breaks down. Permission is the most common. An occupant who was ever allowed to stay, even informally, cannot show hostile possession. A gap in occupancy resets continuity, so an occupant who leaves and returns may be unable to prove 15 unbroken years. Sharing the property with the owner or the public defeats exclusivity.

Some land is simply not subject to adverse possession. Property owned by the Commonwealth or its localities generally cannot be taken by adverse possession, so occupying government land, however openly, does not build toward title. Because the standard is demanding and the period is long, an owner who acts within the 15-year window under Va. Code § 8.01-236 keeps the ability to remove the occupant and defeats any future ownership claim.