New Jersey Squatters Rights: Adverse Possession and Removing Occupants

By TenantLoop teamUpdated 2 min read

Get the PDF summary

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.

Last reviewed

The short version

  • A claim by adverse possession generally requires 30 years of actual possession, or 60 years for woodland and uncultivated land.
  • Someone who was never a tenant can be removed through an ejectment action in Superior Court, and the owner can also file a trespass complaint with local police.

New Jersey's adverse possession periods are among the longest in the country: 30 years for most land and 60 years for woodland or uncultivated land. Owners should still act promptly when someone occupies their property without permission.

New Jersey squatters rights at a glance

RuleNew JerseyLaw
Adverse possession periodA claim by adverse possession generally requires 30 years of actual possession, or 60 years for woodland and uncultivated land.N.J.S.A. 2A:14-30
How owners remove occupantsSomeone who was never a tenant can be removed through an ejectment action in Superior Court, and the owner can also file a trespass complaint with local police.New Jersey ejectment law and the Code of Criminal Justice (trespass)

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. A claim by adverse possession generally requires 30 years of actual possession, or 60 years for woodland and uncultivated land. (N.J.S.A. 2A:14-30)

Removing an unauthorized occupant

How owners remove occupants. Someone who was never a tenant can be removed through an ejectment action in Superior Court, and the owner can also file a trespass complaint with local police. (New Jersey ejectment law and the Code of Criminal Justice (trespass))

Where the case is filed. Eviction complaints are filed with the Special Civil Part, Landlord/Tenant Section, of the Superior Court in the county where the property is located. (N.J.S.A. 2A:18-53 et seq.)

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. Lockouts, changing locks or shutting off utilities to force a tenant out are illegal; only a court officer acting on a warrant can remove a tenant. (N.J.S.A. 2A:39-1 and 2A:39-8)

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.
PDF

Keep the New Jersey squatters rights summary on file

Download the PDF summary

Free, no sign up. The file downloads straight away.

Verify current law

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

Laws named on this page

  • N.J.S.A. 2A:14-30
  • New Jersey ejectment law and the Code of Criminal Justice (trespass)
  • N.J.S.A. 2A:18-53 et seq.
  • N.J.S.A. 2A:39-1 and 2A:39-8

Official sources

New Jersey forms for this topic

Every New Jersey form in one place

Letters and checklists for this topic

The parts people misread.

How long does adverse possession take in New Jersey?

A claim by adverse possession generally requires 30 years of actual possession, or 60 years for woodland and uncultivated land. Source: N.J.S.A. 2A:14-30.

How does an owner remove a squatter in New Jersey?

Someone who was never a tenant can be removed through an ejectment action in Superior Court, and the owner can also file a trespass complaint with local police. Source: New Jersey ejectment law and the Code of Criminal Justice (trespass).

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.