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
- An action to recover land generally must be brought within 15 years, so adverse possession requires 15 years of actual, hostile, exclusive and continuous possession.
- An owner can file an unlawful detainer case in general district court, and police may treat a person who was never a tenant as a trespasser.
Virginia's adverse possession period is 15 years. Owners who find an unauthorized occupant can use the courts, including an unlawful detainer case, and should not try to remove the person by force.
Virginia squatters rights at a glance
| Rule | Virginia | Law |
|---|---|---|
| Adverse possession period | An action to recover land generally must be brought within 15 years, so adverse possession requires 15 years of actual, hostile, exclusive and continuous possession. | Va. Code 8.01-236 |
| How owners remove occupants | An owner can file an unlawful detainer case in general district court, and police may treat a person who was never a tenant as a trespasser. | Code of Virginia, Title 8.01 and trespass law |
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. An action to recover land generally must be brought within 15 years, so adverse possession requires 15 years of actual, hostile, exclusive and continuous possession. (Va. Code 8.01-236)
Removing an unauthorized occupant
How owners remove occupants. An owner can file an unlawful detainer case in general district court, and police may treat a person who was never a tenant as a trespasser. (Code of Virginia, Title 8.01 and trespass law)
Where the case is filed. Unlawful detainer cases are filed in the general district court for the city or county where the property is located. (Code of Virginia, Title 8.01 (unlawful detainer))
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. A landlord may not lock a tenant out, remove belongings or interrupt essential services to force a move out; possession must come through the court process. (Virginia Residential Landlord and Tenant Act)
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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General information, not legal advice.
Verify current law
We last checked these Virginia rules on . Laws change and cities can add their own, so confirm the current text before you rely on it, and talk to a Virginia attorney about your situation.
Laws named on this page
- Va. Code 8.01-236
- Code of Virginia, Title 8.01 and trespass law
- Code of Virginia, Title 8.01 (unlawful detainer)
- Virginia Residential Landlord and Tenant Act
Official sources
Virginia forms for this topic
Letters and checklists for this topic
Before you act on it. Check the statute too; this is not legal advice.
How long does adverse possession take in Virginia?
An action to recover land generally must be brought within 15 years, so adverse possession requires 15 years of actual, hostile, exclusive and continuous possession. Source: Va. Code 8.01-236.
How does an owner remove a squatter in Virginia?
An owner can file an unlawful detainer case in general district court, and police may treat a person who was never a tenant as a trespasser. Source: Code of Virginia, Title 8.01 and trespass law.