Detailed Answer
Short answer: If someone is squatting on your New Hampshire property, you generally must remove them through law enforcement (if the situation is criminal) or a court eviction/ejectment process (if it is a civil occupancy dispute). Do not use “self-help” force to remove occupants—follow the legal steps below to regain possession.
1. First, identify the occupant’s status
Before taking action, determine whether the person is a trespasser (squatter), a tenant, or someone with some colorable claim (for example, a person who says they rented or have an oral agreement). Common differences:
- Trespasser / squatter: no written lease, no rent payments, no expressed permission from the owner.
- Tenant or occupant with possible tenancy: paying rent, receiving mail, doing repairs or improvements, or claiming an oral lease. These factors can create tenant rights and require an eviction process.
2. If there is immediate danger or criminal behavior, call police
If the squatter is committing a crime (breaking and entering, threatening violence, vandalism, or clear criminal trespass), call 911 or local police. Police can remove people when an offense is in progress or there is an immediate threat. If police decline because it is a civil dispute, you will need a court process.
3. Document the occupancy thoroughly
Collect evidence before you take civil steps. Good documentation helps any court case and persuades police. Useful items include:
- Photos and videos showing who is on the property and when.
- Records of communications (texts, emails) where the occupant claims rights.
- Mail receipts, utility bills, payment records, or witness statements.
- Any signs of damage, altered locks, or unauthorized changes.
4. Do not use force or change locks without legal advice
New Hampshire law generally prohibits property owners from using physical force or “self-help” to remove occupants. Changing locks or removing a person’s belongings can risk criminal or civil liability if the occupant is considered a tenant or if force is used. Always favor legal removal by police or court order.
5. Civil removal: file for ejectment/summary process
When police will not remove a non-criminal squatter, the usual route is a court action to regain possession. In New Hampshire that means filing the appropriate civil action (often called an ejectment, unlawful detainer, or summary possession depending on the circumstances).
Typical steps:
- File a complaint in the appropriate New Hampshire court (county court or superior court depending on the claim and local rules).
- Serve the occupant with proper notice and the court papers according to New Hampshire rules for service of process.
- Attend the hearing. Present your proof of ownership and the facts showing the occupant lacks legal right to remain.
- If you obtain a judgment for possession, request and obtain a writ or order for removal.
- Have a sheriff or court officer execute the writ to physically remove the occupant and return possession to you. Officers typically supervise removal of people and belongings so the owner avoids claims of wrongful eviction.
Timeframe: a civil possession action can take several weeks to a few months depending on court schedules, service times, and whether the occupant contests the case.
6. Address special issues: utilities, belongings, and claims of tenancy
If the occupant claims a tenancy (e.g., paid rent, lived there long term), they might have defenses and statutory tenant protections. Courts will examine evidence of a tenancy, and additional notice requirements could apply before eviction. For personal property left on the premises, New Hampshire law and local court orders will govern how to handle and store belongings; do not dispose of items without following lawful procedures.
7. Adverse possession: rare and long-term
Adverse possession (a squatter obtaining title) requires continuous, exclusive, open, and notorious possession for a long statutory period under state law. Short-term squatting before a sale rarely produces an adverse possession claim. If you suspect a squatter is asserting adverse possession, consult an attorney because those claims can be fact-specific and time-dependent.
8. Prevention and practical steps before a sale
To avoid squatter issues before selling:
- Secure the property: maintain locks, alarm systems, and regular inspections.
- Keep utilities on or checked and remove attractants (e.g., discarded furniture).
- Quickly address any trespass reports from neighbors or contractors.
- If you find unauthorized occupants, document and start the removal process promptly—long gaps can strengthen a squatter’s claims.
Key New Hampshire resources
- New Hampshire Revised Statutes (general index): https://www.gencourt.state.nh.us/rsa/html/
- New Hampshire Judicial Branch — general self-help and court contact pages (look for landlord/tenant and civil forms on the state court website): https://www.courts.state.nh.us/
Disclaimer: This information explains general principles under New Hampshire law and is not legal advice. Laws change and each situation is different. Consult a licensed New Hampshire attorney promptly to evaluate your case, prepare court papers, and represent you in court.
Helpful Hints
- Do not try to remove a squatter by force—call police for criminal activity or start a court ejectment for civil removal.
- Document everything with dated photos, videos, and witness names—courts rely heavily on contemporaneous evidence.
- If the occupant claims to be a tenant, collect rent records, written communications, and any receipts to prove or refute that claim.
- Contact the sheriff’s office or local police early to ask what evidence they require to treat the occupant as a criminal trespasser versus a civil matter.
- Hire an attorney if the occupant contests removal, claims adverse possession, or if the case involves complex title issues—timing and procedure errors can delay regaining possession.
- When preparing to sell, keep the property secured and inspected regularly to reduce the risk of squatters appearing before closing.
- Keep copies of deeds, title insurance, and recent tax records handy to prove ownership in court quickly.