What to do when someone is squatting in a Missouri property you plan to buy

Quick answer: In Missouri you cannot simply remove a squatter yourself. The usual paths are (1) use law enforcement if the occupant is committing a crime or just entered unlawfully, (2) have the seller remove the occupant before closing, or (3) pursue a civil eviction/ejectment (forcible entry and unlawful detainer) in circuit court and obtain a writ of possession enforced by the sheriff. A separate, longer route is an adverse possession claim only if the occupant meets strict statutory elements over many years. This article explains how each option works and what steps a buyer, seller, or property owner should take.

Detailed answer — How Missouri law treats squatters and removal options

1. Who is a squatter versus a lawful occupant?

Start by identifying the occupant’s legal status. Common categories:

• Licensed tenant: has a lease or written/oral rental agreement.
• Holdover tenant: previously lawful tenant whose lease expired but who has not left.
• Unauthorized occupant / squatter: no lease and no permission to be on the property.
• Co-owner or family member with an ownership claim: may have a property interest that must be resolved differently.

2. Immediate steps before filing court actions

Do not try to forcibly remove the person yourself. Missouri law discourages self-help removal and doing so can expose you to criminal or civil liability. Instead:

• Ask the seller to resolve the occupancy before closing. A seller typically must deliver possession at closing unless the contract states otherwise.
• Contact the title company and your real estate agent immediately. The title company may require possession as a closing condition or offer escrow remedies.
• If the occupant recently broke in or is committing criminal activity, call local law enforcement and explain the situation. Police may remove trespassers if a crime has occurred.

3. Civil eviction / ejectment (forcible entry and unlawful detainer)

The common long-term remedy in Missouri for unauthorized occupants is a civil action called forcible entry and unlawful detainer or ejectment in the county circuit court. The basic process:

1. File a complaint in circuit court asking for possession and possibly damages.
2. The court issues a summons requiring the occupant to appear or answer.
3. If the owner prevails, the court issues a judgment for possession and a writ of possession (or execution) is sent to the sheriff.
4. The sheriff physically removes the occupant and restores possession to the owner.

This process involves filings, court hearings, and sheriff execution. Time and costs vary by county; expect several weeks to months in many cases. A lawyer or local landlord/tenant clinic can guide the paperwork and hearing preparation.

4. Law enforcement and criminal trespass

If the occupant entered unlawfully, damaged property, or is committing other crimes (theft, vandalism), the police or prosecutor can pursue criminal trespass or related charges. Criminal removal can be faster, but it depends on police and prosecutorial discretion and on whether a crime can be proved.

5. Adverse possession — when a squatter can become the owner

Missouri recognizes adverse possession claims under the statutes that govern limitations of actions. Adverse possession requires several elements (typically continuous, exclusive, open and notorious, hostile/adverse, and for the statutory period). Adverse possession is not a rapid method to take title — it requires many years of possession that meet Missouri’s legal standards. See Missouri Revised Statutes, Chapter 516 (limitations of actions) for the relevant statutory periods and rules: https://revisor.mo.gov/main/OneChapter.aspx?chapter=516.

6. Buyer-specific practical issues

If you are the buyer and discover a squatter before closing:

• Do not close until the seller has delivered possession or the contract has been re-negotiated. The market standard is that sellers must deliver possession unless the contract provides otherwise.
• Ask the title company for a possession endorsement or seller’s affidavit showing no occupants or that occupants will be removed.
• Consider withholding escrow funds or postponing closing until a writ of possession is obtained.
• Talk to a real estate attorney about adding specific protections to the purchase contract for future deals (possessory covenants, indemnities, holdbacks).

7. Evidence and what to prepare for court

Collect evidence to support an eviction/ejectment case:

• Proof of ownership (deed, title report).
• Photos of the occupant, property condition, and signs of occupancy.
• Any communications (texts, letters, emails) with the occupant or seller about permission to be on the property.
• Witness statements from neighbors or contractors.

8. Statutory references and where to look

Key Missouri resources:

• Missouri Revised Statutes — Chapter 516 (limitations of actions and adverse possession): https://revisor.mo.gov/main/OneChapter.aspx?chapter=516
• Missouri Revised Statutes — forcible entry and detainer / landlord-tenant rules are handled in circuit court rules and statutory provisions (search the Revisor site for “forcible entry and detainer” or local county court rules): https://revisor.mo.gov/main/Home.aspx

Helpful Hints

• Do not use self-help lockouts. Never change locks, remove belongings, or physically remove a person without a court order or a police removal after a crime — that can lead to civil or criminal liability.
• Get an attorney early. A local real estate or landlord-tenant attorney can file the correct forms, request interim relief, and coordinate with the sheriff.
• Communicate in writing. If you are the buyer or title company, require the seller to deliver possession in writing and keep records of all demands.
• Work with the title company. Title companies often have procedures for possession disputes and can delay closing or require escrow until the issue is resolved.
• Think about insurance and damages. If the squatter caused damage, document it for claims against the seller (if the seller failed to disclose) or for your own insurance or litigation.
• Know the timeline. Expect eviction/ejectment to take weeks; adverse possession takes years. Plan closing and financing timelines accordingly.
• If the occupant claims to be a tenant, ask for a copy of any lease and proof of rent payments. If they were a tenant, the eviction process follows landlord-tenant law and may require notice periods.

Disclaimer: This article explains general information about Missouri law and is not legal advice. It does not create an attorney-client relationship. For advice about a specific situation, consult a licensed Missouri attorney.