The distinction between a squatter vs trespasser in California directly impacts how property owners must respond and what resources they need to deploy. Trespassers can usually be handled quickly by law enforcement with minimal paperwork. Squatters require formal notices, court filings, and potentially litigation.
For lenders and property managers, recognizing the difference helps allocate staff time, manage legal costs, and reduce exposure to liability for accidents or damages on the property.
In this article, we’ll cover the key differences between a squatter vs trespasser in California, explain how adverse possession works, and walk you through practical steps to take.
Key Definitions: Squatter vs Trespasser in California
Trespasser
A trespasser is an individual who enters or remains on property without the owner’s consent and without any intent to claim ownership. Trespassers are typically temporary occupants and can often be removed by law enforcement if they refuse to leave. Trespassing is generally considered a criminal offense under California law.
Squatter
A squatter is someone who occupies property without permission but intends to stay and may try to claim ownership through a legal process called adverse possession. Unlike a trespasser, a squatter establishes ongoing occupancy and may attempt to formalize their claim by meeting California’s strict legal requirements.
Adverse Possession: When a Trespasser Becomes a Squatter
The critical difference between a squatter vs trespasser in California is the potential for a squatter to obtain legal rights through adverse possession. This process requires strict compliance with several elements:
- Hostile/Adverse: The occupant must be there without the owner’s permission.
- Actual Possession: The squatter must physically occupy and use the land.
- Open and Notorious: The occupation must be obvious enough that a reasonable owner would notice.
- Exclusive: The squatter must occupy the property exclusively, not sharing possession with others.
- Continuous Occupation: The occupation must last at least five years without interruption.
- Payment of Property Taxes: The squatter must pay all property taxes during the five-year period.
If all of these conditions are met, the squatter may attempt to file a quiet title action to gain ownership. However, courts strictly interpret these requirements in favor of the legal owner.
Remedies and Legal Procedures: Squatter vs Trespasser in California
Removing a Trespasser
Trespassers can often be removed quickly by law enforcement since they have no valid legal claim to the property. Property owners may also file trespass notices with police departments to deter future intrusions.
Dealing with a Squatter
Removing squatters requires a more formal process. Property owners must:
- Serve a notice to vacate, often a 3-day notice to quit in California
- File an unlawful detainer lawsuit if the squatter does not leave.
- Present evidence of ownership in court to obtain a writ of possession.
- Have law enforcement enforce the court order to remove the squatter.
Attempting to remove a squatter without court involvement can expose property owners to legal liability.
Recent Legislative Changes in California
California has enacted new protections for property owners to address squatting issues. Senate Bill 602, effective January 2024, extended the validity of a trespass notice (often called a “602 letter”) from 30 days to one year.
In addition, Senate Bill 612 allows owners to file no-trespass letters with local law enforcement, which can help authorities respond more effectively when trespassers or squatters are found on the property.
Preventive Measures for Property Owners
To avoid dealing with squatters or trespassers, California property owners should:
- Conduct regular property inspections.
- Secure doors, windows, and other entry points.
- Post visible “No Trespassing” signs.
- Install security cameras and lighting.
- Keep utilities off in vacant properties.
- Maintain the property’s exterior to avoid the appearance of neglect.
Protect Your Property with Fortra Law
Unwanted occupants are a serious threat to your property rights. Whether you are facing a trespasser or a squatter, swift and informed action is critical. Our Litigation & Bankruptcy team has extensive experience in handling complex property disputes across California. Contact Fortra Law today to protect your real estate investments and ensure your property rights are fully defended.
