Understanding and Removing Squatters in Vermont

Disclaimer: This is general information only and not legal advice. Consult a Vermont attorney for advice about your specific situation.

Quick answer

If someone is occupying (squatting in) property you plan to sell, you generally cannot remove them yourself. Vermont law gives owners civil and criminal remedies. Start by contacting local law enforcement if the occupant is causing danger or committing a crime. For most situations you will need to use a civil process—typically a court action (often called ejectment or a summary possession/forcible-entry action)—to regain possession, then complete any steps needed to clear title before a sale. If the occupant has been on the land long enough and meets the legal elements, they might try to claim ownership through adverse possession; consult an attorney quickly to evaluate that risk.

How Vermont law treats squatting, in plain language

Squatting can raise three separate legal issues:

• Criminal trespass: If the occupant is on your land without permission and refuses to leave after a request, some circumstances can be criminal. Police can act when a crime or immediate danger exists.
• Civil possession (ejectment/forcible entry): Property owners generally must use the civil court process to remove someone lawfully or peacefully occupying property. Self-help evictions (changing locks or removing belongings without a court order) are risky and often unlawful.
• Adverse possession (long-term risk): If a person openly occupies land for the statutory period and meets other legal requirements, they may try to claim title. The rules are technical; do not assume a short period will create ownership.

Step-by-step: What to do right away

1. Document everything. Take dated photos and notes of occupancy, condition, and any communications. Keep records of utility bills, lease offers, or notices you send.
2. Check whether the occupant has permission. Ask neighbors, property managers, or prior owners whether the person had an agreement or permission.
3. Call police only for criminal conduct or immediate threats. If the occupant is violent, threatening, or committing crimes (e.g., breaking and entering, vandalism), call local police. Police can remove trespassers when a criminal violation has occurred. For routine possession disputes, police may decline to act and direct you to court.
4. Send a written demand to vacate. A clear written notice asking the occupant to vacate and stating you are the owner creates a record and can support later legal action.
5. Contact a Vermont attorney promptly. An attorney can advise whether you should file a forcible entry/summary possession action and handle service of process, court hearings, and writ execution.

Civil removal: summary possession / ejectment

Most property owners in Vermont remove squatters through the civil courts. The common routes are actions for ejectment or summary possession (sometimes called forcible entry and detainer). Typical steps:

• File a court complaint seeking possession and, if appropriate, damages or removal of personal property.
• Serve the occupant with the complaint and any statutory notices required by law.
• If the court finds for the owner, it will issue an order for possession and a writ or judgment allowing law enforcement or the sheriff to remove the occupant and restore possession to the owner.
• After removal, you may need a separate process to dispose of or store the occupant27s personal property according to Vermont law.

Because procedures and forms vary, consult the Vermont Judiciary site or a local attorney for the correct filing and notice requirements. The Vermont statutes and court rules control the technical process: https://legislature.vermont.gov/statutes/ and the Vermont Judiciary site: https://www.vermontjudiciary.org/

Criminal trespass vs. civil eviction

Police can intervene for criminal trespass or when a court order already exists. But if the occupant claims tenancy or the situation involves a civil property dispute, law enforcement may advise you to use the courts. If you face an occupant who is violent or destroying property, call 911 immediately.

Search Vermont statutes for criminal trespass and related offenses here: https://legislature.vermont.gov/statutes/search?keyword=trespass

Adverse possession: the long-term risk

Adverse possession lets someone acquire title to land they possess openly, continuously, exclusively, and hostilely for the statutory period. The requirements are strict. If you discover long-term occupation, get legal advice quickly because statutes and case law determine how much time and what actions are required. Learn more and check statutory language here: https://legislature.vermont.gov/statutes/search?keyword=adverse%20possession

Practical timeline and costs

Timing and cost vary. A forcible-entry eviction can take weeks to months depending on court schedules and whether the occupant contests. Expect court fees, process-server or sheriff fees, and possible attorney fees. If the occupant claims tenancy, disputes over notice and habitability can extend the case. An attorney can give a more precise timeline based on your facts.

What to expect at sale closing

Title companies and buyers usually require clear possession and marketable title at closing. A recorded court order removing the occupant and a sheriff27s return showing execution will help clear title. If the buyer is aware of an ongoing possession dispute, they may demand repairs, a price reduction, escrow, or a closing hold until you resolve the issue.

Prevention: steps to avoid squatting before a sale

• Secure the property: change locks, board windows, and maintain lighting.
• Keep utilities on or arrange inspections to show ongoing maintenance when safe and legal.
• Post clear “No Trespassing” signs and keep an access log if workers visit.
• Monitor the property with neighbors or contractors and remove debris that invites occupation.
• Before listing, disclose known occupancy issues to your title company and seller27s attorney so they can advise on clearing title.

Helpful links and resources

• Vermont Statutes (searchable): https://legislature.vermont.gov/statutes/
• Vermont Judiciary (court rules and forms): https://www.vermontjudiciary.org/
• Search statutes by keyword (trespass): https://legislature.vermont.gov/statutes/search?keyword=trespass
• Search statutes by keyword (adverse possession): https://legislature.vermont.gov/statutes/search?keyword=adverse%20possession
• Vermont Bar Association (lawyer referral): https://www.vtbar.org/

Helpful hints

• Do not attempt a self-help eviction (changing locks or dumping property) without a court order; courts often treat that as illegal and it can expose you to liability.
• Document every contact and attempt to remove the occupant—photos, written notices, and witness names strengthen your case.
• Act quickly if the occupant has been there for a long time; adverse-possession claims depend on timelines and behavior.
• If you plan to sell soon, inform your title company and buyer about any occupancy concerns up front.
• Consider hiring counsel experienced in property or real estate litigation to handle filings, notices, and courtroom hearings.

If you want, provide a few basic facts about the property situation (how long the person has been there, whether they claim tenancy, whether they threaten harm) and a Vermont-licensed attorney can advise your next steps.