Can a squatter be removed from property before it’s sold? (Tennessee)

Short answer: Yes. If someone is squatting on property you own (or are selling on behalf of an owner), Tennessee law provides civil and criminal routes to remove them. Which path you take depends on whether the occupant is a trespasser, a disputed occupant claiming tenant rights, or someone trying to establish long-term rights by adverse possession. Act quickly — delays can complicate removal and create legal risk.

Detailed answer — step-by-step under Tennessee law

1. First identify the occupant’s legal status

• Trespasser/squatter: no lease, no permission, no rent, entered without consent.
• Occupant claiming tenancy: says they have a verbal lease, paid rent, or have lived there long enough to be treated as a tenant.
• Adverse possessor: someone openly occupying the land and possibly trying to satisfy the elements (open, notorious, exclusive, continuous, hostile) to claim title over time.

The legal steps you take depend on which category fits. If you aren’t sure, preserve evidence of ownership (deed, tax receipts), document the occupant’s behavior (photos, dates, communications), and get legal advice.

2. If the occupant is a clear trespasser

For a pure trespasser, you have two immediate options:

1. Call law enforcement. If the person is committing criminal trespass or is refusing to leave after being ordered to vacate by police, officers can remove them. This is the fastest route in urgent situations.
2. File a forcible entry and detainer (eviction) action in General Sessions Court. Tennessee’s courts handle possession disputes and can issue a writ of possession that the sheriff executes to remove the occupant. See the Tennessee courts’ eviction/self-help pages for procedural information: https://www.tncourts.gov/programs/self-help/eviction and General Sessions Court information: https://www.tncourts.gov/courts/general-sessions-court.

3. If the occupant claims to be a tenant

If the occupant says they are a tenant (even if no written lease exists), Tennessee treats them differently than a trespasser. You generally must follow landlord–tenant eviction procedures rather than rely on immediate police removal. That usually means providing the required notice and filing a dispossessory/eviction action in General Sessions Court. Do not try to change locks or remove possessions yourself — that can create liability.

4. If adverse possession may be a risk

Adverse possession allows someone to claim title after occupying land for the statutory period if their possession is open, continuous, exclusive, hostile, and notorious. Because these claims grow stronger the longer an occupant remains, you should act promptly if you want to protect title. Tennessee law on limitations and adverse possession is found in the Tennessee Code; consult the official code for the applicable sections: https://www.tn.gov/content/tn/legislation/tn-code.html.

5. If the property is in foreclosure or bank-owned

Foreclosure sales and bank-owned properties often require extra steps. Lenders and trustees usually coordinate removal or use eviction proceedings. If you’re a buyer at a sale, verify whether possession will transfer with the deed and who will remove occupants. Title insurers or closing attorneys often handle these questions.

6. Practical process and timeline

• Immediate police response: hours to days if criminal trespass or public-safety concerns exist.
• Eviction (forcible entry and detainer) in General Sessions Court: typically a matter of weeks from filing to judgment and issuance of a writ of possession; sheriff execution may follow shortly after.
• Quiet title or adverse possession litigation (to protect or clear title): months to years depending on claims and evidence.

7. Costs and likely outcomes

• Court filing fees, service fees, sheriff execution fees, and possibly attorney fees.
• Outcome depends on facts: quick removal for trespassers; court-ordered eviction for occupants claiming tenancy; longer litigation to defeat adverse possessor claims.

8. What you should do right away

1. Document ownership and possession facts (deed, tax records, photos, communications).
2. Attempt a written demand to vacate. Keep a copy and proof of delivery.
3. If immediate danger or criminal activity, call police.
4. Contact General Sessions Court to learn local eviction filing steps: https://www.tncourts.gov/courts/general-sessions-court.
5. Consult a Tennessee real-estate attorney if the occupant claims tenancy or adverse possession, or if the sale is pending and you need to clear title quickly.

Common scenarios and how they differ

Squatter with no claim

Police removal or quick eviction filing usually works.

Occupant who paid the prior owner or claims a verbal lease

Likely treated as a tenant — follow landlord–tenant eviction rules.

Person who’s lived on the land openly for years

Potential adverse possession claim. Consider prompt quiet-title litigation or other protective steps to prevent title loss.

Helpful hints

• Do not attempt self-help evictions (changing locks, removing belongings) — illegal in many cases and can expose you to civil liability.
• Keep all communications written and dated. Texts, letters, and photos help build your case.
• If you are selling, tell the buyer about the issue and your plan to resolve it. Buyers often require clear possession at closing.
• Record and pay property taxes and maintain the property. Visible, continuous ownership actions make adverse possession harder to prove.
• Work with the sheriff’s office on executing writs of possession; sheriffs enforce court orders and reduce conflict risk.
• If you suspect fraud (false documents, impersonation), notify law enforcement and an attorney immediately.

Resources

• Tennessee Code (official state code): https://www.tn.gov/content/tn/legislation/tn-code.html
• Tennessee Courts — eviction and General Sessions resources: https://www.tncourts.gov/programs/self-help/eviction and https://www.tncourts.gov/courts/general-sessions-court

When to call a lawyer

Contact a Tennessee real estate or property litigation attorney if:

• The occupant claims tenancy or you face a contested eviction.
• Someone threatens adverse possession or has occupied the land long-term.
• You need to clear title before a sale or closing.
• The situation involves fraud, violence, or complex foreclosure issues.

Important disclaimer: This article provides general information about Tennessee procedures and issues related to squatters and removal. It is not legal advice. Laws change and facts matter. For advice about a specific situation, consult a licensed Tennessee attorney.