Indiana — Squatting in Property Before Sale: What Happens and How to Remove a Squatter | Indiana Estate Planning | FastCounsel
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Indiana — Squatting in Property Before Sale: What Happens and How to Remove a Squatter

August 19, 2025 6 min read

What to Do if Someone Is Squatting in Your Indiana Property Before Sale

Quick answer: In Indiana you generally cannot remove a squatter by yourself. If a person is occupying property without your permission, your safe remedies are to call law enforcement for criminal trespass (if applicable) and to use the civil eviction process (forcible entry and detainer) to obtain a court order and a writ of possession enforced by the sheriff. Do not use self-help (changing locks, removing belongings, cutting utilities).

Detailed answer — How removal works under Indiana law

This section explains, step-by-step, what usually happens and what you should do when someone is squatting in real property in Indiana. It is written for a nonlawyer and assumes you start with no legal knowledge.

1. Confirm the occupant’s status

Start by determining whether the person actually is a squatter (an unauthorized occupant) or whether they claim a legal right to be there (tenant under a lease, buyer under a contract, licensee, or someone claiming adverse possession). Ask for ID and whether they have a lease or written permission. Do not threaten or use force to remove them.

2. When to call the police (criminal trespass)

If the person is clearly on the property without permission and refuses to leave when asked, you may call local law enforcement and report criminal trespass. Indiana’s criminal statutes address unlawful entry and trespass; police officers can respond, and they may remove the person if they determine a criminal trespass has occurred. If the occupant claims tenancy or a civil right, police often will not remove them and will direct you to file a civil eviction action instead. For Indiana statutes on crimes see: https://iga.in.gov/laws/ (Title 35).

3. The civil route — forcible entry and detainer (eviction)

If the occupant refuses to leave and law enforcement will not remove them, the usual civil remedy is to file a forcible entry and detainer (eviction) action in the appropriate county court. The court will schedule a hearing. If you win, the court issues a judgment and typically a writ of possession or order directing the sheriff to remove the occupant and return possession to you.

Important points about the eviction process:

  • You must file the action in court and get a court order; you cannot lawfully lock someone out or remove their belongings yourself.
  • The sheriff, not you, enforces the writ of possession.
  • Proceedings and required notices vary depending on whether the occupant is a residential tenant, a former tenant, or a trespasser; consult local court rules or an attorney for county-specific procedures.

For statutes and procedures governing property rights and civil actions, see Indiana Code Title 32 (Property) and the civil procedure provisions at the Indiana General Assembly website: https://iga.in.gov/laws/ (look under Title 32 and related chapters).

4. If the property is under contract to be sold

If you are the seller: a purchase contract usually requires you to deliver vacant, marketable title and vacant possession at closing unless the buyer agreed otherwise. A squatter present at closing can derail the sale. Typical seller responses include delaying closing until possession is secured, using escrow to resolve disputes, negotiating credits with the buyer for removal costs, or removing the occupant via eviction prior to closing. Document communications and notify your buyer and title company immediately.

If you are the buyer: do not close and take possession while a squatter occupies the property. Consult your purchase contract and the title company. Buyers often insist the seller remove the occupant or provide a credit or escrow holdback until eviction is complete and a writ of possession is obtained.

5. Adverse possession and long-term claims

Some occupants may threaten adverse possession (a claim to ownership by continuous, open, hostile possession for the statutory period). Adverse possession has strict legal requirements (open, notorious, exclusive, continuous, and adverse) and a statutory time period. A short-term squatter who has occupied a property for a short time before a sale will almost never obtain title by adverse possession before the sale closes. If you face a claim of adverse possession, consult an attorney. For general property law and adverse possession rules, see Indiana Code Title 32: https://iga.in.gov/laws/ (Title 32).

6. Bankruptcy and other legal complications

If the squatter files for bankruptcy or otherwise initiates litigation, an automatic stay may temporarily block removal. Notify your attorney and the court handling the eviction if you learn of such filings. This can delay the process.

7. Evidence and documentation you should collect

  • Proof of ownership or your right to possession (deed, contract of sale, closing statement).
  • Photos and videos showing the occupant on the property and condition of the property.
  • All written communications to and from the occupant (texts, written notices to vacate, certified mail receipts).
  • Witness statements from neighbors or contractors who can confirm unauthorized occupation.

8. Typical timeline and costs

Timelines vary by county and circumstances. A straightforward eviction can take a few weeks to a couple of months. If the occupant contests the case, raises defenses, or files other litigation, it can take longer. Cost elements include court filing fees, service costs, sheriff fees for executing a writ, and possible attorney fees. Budget for these when deciding how to proceed.

9. Avoiding common mistakes

  • Never attempt a self-help eviction (changing locks, moving belongings, or cutting utilities). Doing so can expose you to civil liability and criminal charges.
  • Do not rely on threats of force. Use lawful processes.
  • Keep careful records of every step you take; courts favor good documentation.

Where to find Indiana rules and more information

State statutory materials and code pages can be found at the Indiana General Assembly website: https://iga.in.gov/. Look under Title 32 (Property) and Title 35 (Crimes) for statutes that relate to possession, trespass, and property disputes.

Disclaimer: This article is for general informational purposes only and is not legal advice. It does not create an attorney-client relationship. For advice specific to your situation, consult a licensed Indiana attorney or your local court.

Helpful Hints

  • Do a calm, documented check first: ask the occupant whether they have a lease or permission. Record their answer and take dated photos.
  • Call police if the person is clearly trespassing and will not leave; be ready to explain the situation and provide proof of ownership or your right to possession.
  • File a forcible entry and detainer (eviction) action promptly if police will not remove the occupant.
  • Contact your title company and the buyer (if the property is under contract) immediately to coordinate next steps and avoid closing complications.
  • Do not remove the occupant or their belongings yourself; always use court-ordered enforcement (sheriff).
  • Collect and preserve evidence (deed, photos, notices, witness statements). Good documentation speeds up court cases.
  • If the occupant claims a legal right (tenant, lease, or adverse possession), consult an Indiana real estate attorney before taking further action.
  • Expect some delay: budget time and money for filing fees, service fees, and sheriff enforcement.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.