Can I remove a squatter from my New Jersey property before it’s sold?

Short answer: If someone is squatting on your New Jersey property, you generally cannot remove them yourself. You will usually need to use the court process (forcible entry and unlawful detainer or ejectment) or, in narrow criminal situations, ask police to act. Follow careful steps to preserve your ownership rights, document the situation, and move quickly. This article explains how the law treats squatters in New Jersey and the practical steps to get them removed.

Disclaimer

This is educational information, not legal advice. I am not a lawyer. For advice about your specific situation, consult a licensed New Jersey attorney.

What is a “squatter” under New Jersey law?

“Squatter” is a practical term for someone who occupies real property without the owner’s permission. Depending on the facts, the occupant may be a trespasser, a holdover occupant or an unauthorized tenant, or (in rare long-term situations) someone attempting to claim ownership by adverse possession.

Key legal distinctions that matter

• Unauthorized trespasser: No lease or permission. Typically removed by civil action or, in narrow cases, by police if a criminal trespass is occurring.
• Holdover occupant or tenant: If the person once had permission (for example, a tenant whose lease ended) they may be a holdover tenant and entitled to an eviction process rather than immediate removal.
• Adverse possessor: In very limited circumstances, someone who occupies property openly, notoriously, exclusively, adversely (without permission) and continuously for the statutory period may seek title through adverse possession. That is rare and requires precise legal elements.

What immediate actions should an owner take?

1. Verify ownership and the occupant’s status. Pull the deed, tax records and any lease documents. Check whether the occupant claims a lease, permission or pays utilities.
2. Document everything. Take dated photos and videos showing who is living at the property, how they entered, any damage, and any posted notices. Keep text messages, emails or letters from the occupant.
3. Do not use self-help eviction. Changing locks, removing the occupant’s property, cutting utilities, or physically removing the person can create criminal or civil liability in New Jersey. Always use legal processes.
4. Consider the police only if there’s an immediate crime. If someone is breaking in right now or committing a violent or clearly criminal act (e.g., breaking locks, dangerous conduct), call 911. For simple civil possession disputes, police often will not remove someone without a court order.

Legal remedies in New Jersey

Two main civil routes exist to remove an unauthorized occupant:

1. Forcible Entry and Unlawful Detainer / Summary dispossession (eviction)

If someone is occupying without right, an owner may file a possession action in the appropriate New Jersey court to obtain a judgment ordering removal. New Jersey courts provide information on landlord/tenant and eviction procedures; see the New Jersey Courts Self-Help pages for housing and eviction information: https://www.njcourts.gov. These summary actions are designed to obtain possession of the property and often include a court-issued writ of possession that a sheriff or constable will execute.

2. Ejectment or quiet title (when ownership is disputed)

If the occupier is claiming ownership or you need a declaration of ownership (for example if someone claims title by occupancy), you may need a more formal action such as ejectment or a quiet-title action in the Superior Court. These cases are broader and can involve proving your chain of title.

What about criminal trespass or harassment?

Criminal charges may apply in some situations (for example, forced entry, threats, or repeated unlawful conduct). The local police can intervene when criminal law is implicated, but they typically will not remove a non-violent occupier whose claim is purely civil. For details about criminal provisions you can consult the New Jersey statutes and the New Jersey Criminal Code available through the New Jersey Legislature: https://www.njleg.state.nj.us/.

Could a squatter obtain title (adverse possession)?

Adverse possession is possible in any state if the occupant meets strict legal requirements: possession that is open, notorious, exclusive, adverse (hostile) and continuous for the legally required period. Adverse possession claims are fact-specific and difficult to win. If you are worried that long-term occupancy might ripen into a title claim, consult an attorney quickly to protect your record (tax bills, fence lines, postings, and consistent enforcement of property rights all help).

Practical step-by-step checklist to remove a squatter before sale

1. Confirm your ownership and how the occupant gained access.
2. Gather proof: deed, tax bill, photos, rental communications, witness statements.
3. Deliver a written demand to vacate (do not forcibly remove them). Keep a copy and proof of delivery.
4. If they refuse, file a possession action (forcible entry and unlawful detainer or ejectment) in the appropriate New Jersey court. The court can issue a writ of possession.
5. Coordinate with the sheriff or constable to execute the writ and remove occupants lawfully.
6. After removal, secure the property (change locks, board up, install alarm) and document repairs and inventory of remaining property in accordance with court and statutory rules.
7. If the occupant claims long-term rights or adverse possession, hire an attorney to defend title and consider a quiet-title action if necessary.

Who should I contact for help?

• Contact a New Jersey real estate or landlord/tenant attorney experienced with forcible entry and unlawful detainer and ejectment actions. They can file the appropriate court papers fast.
• For immediate criminal conduct, contact local police. For civil removal, contact the county sheriff’s office or the court clerk about writ enforcement after you obtain a possession judgment.
• For self-help information and court forms, visit the New Jersey Courts Self-Help pages: https://www.njcourts.gov.
• To read statutes and statutory headings, use the New Jersey Legislature site: https://www.njleg.state.nj.us/.

Helpful hints

• Act quickly. Delay can make removal harder and could, in very rare cases, increase the risk of adverse possession claims.
• Never use force or change locks without a court order. Self-help can lead to criminal or civil liability in New Jersey.
• Keep a paper trail: certified mail, photographed evidence, and witness statements strengthen your case in court.
• If you’re selling soon, notify your buyer and the title company immediately. A pending possession case or unresolved occupancy can affect closing and title insurance.
• Consider a local attorney who handles real estate litigation; they can often obtain emergency relief or a faster hearing where circumstances justify it.

Bottom line

In New Jersey, you generally must use the court system to remove a squatter. Gather proof, do not self-help, and consult an attorney to protect your ownership and expedite removal prior to sale. For specific statutory language and forms, review the New Jersey Courts resources (https://www.njcourts.gov) and the New Jersey Legislature website (https://www.njleg.state.nj.us/).