Squatters' Rights in Virginia (2026): Adverse Possession Laws

Virginia Squatters’ Rights: Quick Facts (2026)

Virginia's rules differ from every neighboring state, so start with the hard numbers. The table below summarizes what Virginia law actually says, current as of July 2026.

Question	Virginia rule
Standard adverse possession period	15 years
Shorter paths	None
Must the squatter pay property taxes?	Not required
Key statute	Va. Code § 8.01-236
How landlords remove a squatter	Serve written notice, then file an eviction (unlawful detainer) or ejectment action in court — never remove a squatter yourself

This is general information, not legal advice — statutes change and courts add nuance, so confirm current law with a Virginia attorney.

Squatter’s rights in Virginia give certain opportunities to a squatter in order to gain title or possession of a vacant property if they meet the minimum requirements.

For that reason, if you have rental property in Virginia, it is important to be prepared, educated, and know this information to possibly avoid a lengthy and costly situation.

In this article, we will highlight what a squatter is, how squatter’s rights in Virginia work, and what you can do to protect your property from a squatter.

The vocabulary in one paragraph: a squatter is someone living in or using property without permission but under some claim of right — which is why police usually treat it as a civil matter rather than simple trespassing. Adverse possession is the doctrine that lets a squatter who possesses property in a way that is hostile, actual, open, exclusive, and continuous for long enough eventually take legal title. Our national squatters’ rights guide explains each element with examples; this page covers what Virginia law adds on top.

Squatter’s Rights in Virginia

For a person to claim squatter’s rights in Virginia and gain ownership of a property through adverse possession, they must meet all of the five adverse possession elements mentioned above, as well as meet additional requirements as stipulated by adverse possession laws in Virginia.

A person claiming adverse possession in Virginia must:

• Meet all 5 adverse possession elements mentioned above.

•  Have continuous possession of the property for a minimum of 15 years.

• Show proof of color of title for the entire 15 years of possession (Color of title explained in the next section)

Note that some states require a disseisor to pay all of the required property taxes for the property being claimed.

However, adverse possession laws in Virginia do not require someone to pay property taxes in order to claim adverse possession.

Once all of these requirements above have been met, a squatter now has the ability to initiate legal proceedings through Virginia’s court system and present their adverse possession claim in front of a judge.

For more information on squatter’s rights in VA and the adverse possession requirements, you can review the Official Code of Virginia.

Does Color of Title Help in Virginia?

A squatter has color of title when they hold a defective ownership document — a bad deed, a botched foreclosure paper. In Virginia, Virginia has no statutory color-of-title discount from its 15-year period, though courts treat a deed-backed claim more favorably on the "hostile" element. Our adverse possession guide covers the doctrine in full.

How to Remove Squatters in Virginia 

Virginia owners file an unlawful detainer in general district court to remove a squatter. As elsewhere, self-help removal is unlawful — serve notice, file, and let the sheriff execute the writ of eviction if needed.

It is important to note that squatter’s rights in Virginia grant a squatter certain rights compared to a trespasser, and dealing with a squatter requires caution from the landlord. 

For that reason, when dealing with a someone that has taken possession of a property without the owner’s permission, it is recommended to consult a local attorney that specializes in eviction law and has vast knowledge of eviction laws and squatter’s rights in Virginia.

Although, in most cases, evicting a squatter must be handled through the Virginia court system with judicial action, there are certain avenues a landlord or property manager can take in order to remove a squatter from their property.

Call the Sheriff

The sheriff’s office may be unable to remove the person from the property if the person taking possession of the property is considered a squatter and not a trespasser.

However, calling the sheriff is a good initial step because it logs a record of the incident and generates a report that the property owner can then show as evidence, if the case escalates to the court system.

Serve an Eviction Notice

During the eviction process, the property owner or manager must give notice to the person occupying the property before they can be legally removed by the sheriff’s office.

And even though, at the early stages, you may not be looking at a situation in which you have to involve the court system, If the squatter does not have a legal claim to the property through adverse possession or color of title, in Virginia, a landlord can remove a squatter by serving them with an Eviction Notice.

There are three types of eviction notices in the state of Virginia.

• 5-Day Notice to Pay Rent or Quit

• 30-Day Notice to Cure or Quit

• 30-Day Unconditional Quit Notice

However, the most applicable notice related to a squatting situation In Virginia is the 5-Day Notice to Pay Rent or Quit.

Start the Eviction Proceedings 

Evicting a squatter requires due processes from the part of the landlord and requires a careful approach.

If a squatter is claiming adverse possession and is refusing to leave the premises after the time period allotted in the Eviction Notice, then the next step would be to start proceedings in the county’s court.

This will initiate a hearing process in which the case will be presented in front of a judge and a ruling will be made based on the case details.

We recommend consulting an attorney with vast knowledge of property law in Virginia in order to avoid possible legal recourses against you, or the property.

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Protecting Your Virginia Rental from Squatters

Every adverse possession claim starts with an owner who wasn’t paying attention. Close that door:

• Inspect vacant units on a schedule, and document each visit with dated photos.
• Harden the property: deadbolts, cameras, lighting, and posted no-trespassing signs.
• Keep it looking lived-in — yard care, mail forwarding, timed lights.
• Screen tenants carefully so a legitimate lease never turns into a holdover problem — see our tenant screening guide.
• Challenge any unauthorized occupation in writing immediately; delay is exactly what the doctrine rewards.

Squatters’ Rights in Other States

Own rentals in more than one state? The clock is different everywhere — compare a few below. Start with our national guide to squatters’ rights and adverse possession, or jump straight to another state:

• Squatters’ rights in North Carolina — 20 years
• Squatters’ rights in Tennessee — 20 years
• Squatters’ rights in Pennsylvania — 21 years
• Squatters’ rights in New Jersey — 30 years
• Squatters’ rights in Georgia — 20 years

How PropertyCtrl can Help Protect your Property

PropertyCtrl offers a powerful and easy-to-use cloud-based property management software, with tools and resources that empower you to take control of every aspect of your rental property.

This is how PropertyCtrl’s features can help you avoid a potential squatter or adverse possession situation.

The information provided on this website does not, and is not intended to, constitute as legal advice; instead, all information, content, and materials available on this site are for general informational purposes only.