Indiana Squatters Rights: Adverse Possession and Removing Occupants

By TenantLoop teamUpdated 2 min read

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General information, not legal advice. Landlord-tenant rules change, and cities and counties can add their own. Check the current statute and local ordinances, and talk to a licensed attorney before you act.

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The short version

  • Adverse possession requires ten years of actual, open, exclusive and continuous possession under a claim of ownership.
  • Possession does not count as adverse unless the claimant paid all property taxes and special assessments they reasonably believed in good faith were due during that period.
  • An owner can give police a sworn affidavit that the occupant has never had a lease, permission or other right to be there, and police must generally respond to remove the squatter within 48 hours; former tenants still go through an eviction case.

Indiana's adverse possession period is ten years, and the claimant must also have paid the property taxes they believed were due. A 2025 law lets owners ask police to remove squatters who never had permission to be there.

Indiana squatters rights at a glance

RuleIndianaLaw
Adverse possession periodAdverse possession requires ten years of actual, open, exclusive and continuous possession under a claim of ownership.IC 34-11-2-11 and Indiana case law
Paying property taxesPossession does not count as adverse unless the claimant paid all property taxes and special assessments they reasonably believed in good faith were due during that period.IC 32-21-7-1
How owners remove occupantsAn owner can give police a sworn affidavit that the occupant has never had a lease, permission or other right to be there, and police must generally respond to remove the squatter within 48 hours; former tenants still go through an eviction case.IC 32-31-12

Adverse possession

An occupant can gain title only after a long period of open, continuous possession without the owner’s permission, and only by meeting every condition the law sets.

Adverse possession period. Adverse possession requires ten years of actual, open, exclusive and continuous possession under a claim of ownership. (IC 34-11-2-11 and Indiana case law)

Paying property taxes. Possession does not count as adverse unless the claimant paid all property taxes and special assessments they reasonably believed in good faith were due during that period. (IC 32-21-7-1)

Removing an unauthorized occupant

How owners remove occupants. An owner can give police a sworn affidavit that the occupant has never had a lease, permission or other right to be there, and police must generally respond to remove the squatter within 48 hours; former tenants still go through an eviction case. (IC 32-31-12)

Where the case is filed. Eviction cases are generally filed in a county trial court or small claims court that hears possession cases where the property is located. (Indiana trial court rules)

Why force backfires

Removing an occupant by force can expose an owner to liability, especially if the occupant claims to be a tenant.

Self-help eviction. Without a court order, a landlord may not change the locks, remove doors or appliances, or cut off electricity, gas, water or other essential services to force a tenant out. (IC 32-31-5-6)

Protecting a vacant property

Visit vacant properties on a schedule, keep them locked and lit, post no trespassing signs where allowed, and act quickly when someone moves in. Do not accept money from an occupant, because rent can look like a tenancy.

Mistakes to avoid

  • Waiting months to act after someone moves in.
  • Changing locks or removing belongings yourself.
  • Accepting rent or utility payments from the occupant.
  • Leaving a vacant property unchecked for long stretches.
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Verify current law

We last checked these Indiana rules on . Laws change and cities can add their own, so confirm the current text before you rely on it, and talk to a Indiana attorney about your situation.

Laws named on this page

  • IC 34-11-2-11 and Indiana case law
  • IC 32-21-7-1
  • IC 32-31-12
  • Indiana trial court rules
  • IC 32-31-5-6

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Asked by landlords in this state.

How long does adverse possession take in Indiana?

Adverse possession requires ten years of actual, open, exclusive and continuous possession under a claim of ownership. Source: IC 34-11-2-11 and Indiana case law.

Does a squatter have to pay property taxes in Indiana?

Possession does not count as adverse unless the claimant paid all property taxes and special assessments they reasonably believed in good faith were due during that period. Source: IC 32-21-7-1.

How does an owner remove a squatter in Indiana?

An owner can give police a sworn affidavit that the occupant has never had a lease, permission or other right to be there, and police must generally respond to remove the squatter within 48 hours; former tenants still go through an eviction case. Source: IC 32-31-12.

TenantLoop team · reviewed

Written by the team building TenantLoop. Our guides are general information for landlords and property managers; check current law and talk to a qualified professional before you act.