Detailed answer: legal options and the step-by-step process

1) First determine the occupant’s status

Before you act, figure out whether the person is a trespasser (squatter), a tenant with a lease (even a verbal one), a former tenant who refused to leave, or a party claiming ownership. That classification drives which legal process you must use.

2) Immediate response: safety and law enforcement

If the person is currently on the property without permission and you believe a crime is occurring (for example, forced entry, vandalism, or theft), call local police immediately. Utah’s criminal trespass laws apply where someone knowingly enters or remains on property without permission; see Utah criminal code on trespass at the Utah Legislature website: Title 76, Chapter 6 (Crimes). Police may remove a trespasser in clear criminal situations, but they often treat many occupancy disputes as civil matters and will advise a civil eviction process instead.

3) Civil removal: forcible entry and detainer (eviction) / ejectment

Most property owners must use the civil court process to remove a squatter. In Utah the common civil remedy is a forcible entry and detainer (sometimes called unlawful detainer or eviction) or an ejectment/quiet-title action if the occupant claims title. For the statutory framework and procedures see the Utah Code provisions governing civil actions related to possession and title: Title 78B, Chapter 6 (Civil Actions generally; includes remedies affecting possession). Practical steps are:

1. Document ownership: have the deed, chain of title, tax statements, photos, and any communications with the occupant ready.
2. Serve a written notice to vacate if appropriate. The type and required notice period can vary depending on whether the occupant is a tenant, former tenant, or a trespasser. An attorney can draft the proper notice to avoid mistakes that delay removal.
3. If the occupant does not leave, file the appropriate case in the correct court (many evictions go to justice or district court depending on the parties and claims).
4. Attend the hearing. If the court rules for the owner, it will issue an order for possession and a writ of restitution or similar document authorizing law enforcement to remove the occupant and return possession to the owner.
5. Have local law enforcement or the sheriff execute the writ; do not use force or change locks before you have court authorization.

4) Why you must avoid “self-help” removal

Utah law does not generally allow owners to use force, to change locks, or to physically remove occupants or their belongings without a court order. Attempting self-help can expose you to civil liability and criminal claims. Follow the judicial process to obtain lawful removal.

5) Adverse possession: can the squatter claim the property?

Adverse possession allows someone in exclusive, open, notorious, hostile, and continuous possession to acquire title after meeting the statutory period and other requirements. Adverse possession claims are fact-specific, require meeting legal elements for a long time, and often require a quiet-title action to resolve. Because of the complexity and strict requirements, act promptly to protect your property and consult an attorney if the occupant claims title. For state law and procedures related to disputes over title and possession, see Utah Code Title 78B, Chapter 6: https://le.utah.gov/xcode/Title78B/Chapter6/78B-6.html.

6) If the property is under contract or in foreclosure

– Seller’s responsibility: A seller typically must deliver property free of unauthorized occupants under the sales contract. Sellers should remove squatters before closing or disclose the situation and address it contractually (e.g., price adjustment, escrow holdback, or condition for closing).
– Buyer’s options: A buyer who acquires title with occupants in place will need to use the civil process described above to remove them. Title insurance sometimes covers defense of title or loss from adverse possession-like claims — notify your title company and read your policy.

7) Criminal charges against squatters

Depending on the conduct, prosecutors may bring criminal trespass or related charges. Criminal remedies are separate from civil possession claims. If you have evidence of criminal behavior (breaking in, theft, damage), report it to law enforcement and preserve evidence (photos, time-stamped messages).

8) Typical timeline and costs

Eviction or ejectment processes commonly take several weeks to a few months from filing to physical removal, depending on local court caseloads, complexity, and any defenses the occupant raises. Expect court fees and potentially attorney fees. If you have title insurance, contact your insurer promptly to see if they will defend or cover costs.

9) When to hire a Utah attorney

Hire a Utah real property attorney if the occupant refuses to leave, claims tenancy or ownership, threatens violence, involves large financial stakes, or if the sale closing is approaching. An attorney can prepare the correct notices, file in the right court, and expedite relief while reducing the risk of procedural mistakes that delay removal.

Key Utah law resources

• Utah criminal statutes (trespass and related crimes): Title 76, Chapter 6 — Crimes
• Utah civil actions affecting possession and title: Title 78B, Chapter 6 — Civil Actions
• Utah Courts guidance for landlords and evictions (procedural help and forms): Utah Courts – Eviction / Forcible Entry & Detainer guide

Helpful Hints

• Document everything: record photos, videos, dates, communications, and any property damage. Time-stamped evidence helps in court.
• Call police only for criminal acts or threats. Many occupancy disputes are civil, and police may advise court action instead of immediate removal.
• Do not use force or change locks. Obtain a court order or writ of restitution before physically removing someone.
• Notify your title company and buyer (if under contract). Title companies often help manage claims that affect closing.
• Post and maintain visible “No Trespassing” signs on vacant property. This can strengthen a later claim that the occupant knew they had no permission.
• Consider temporary measures that do not amount to self-help: maintain a presence, check utilities, and use lighting and fencing where lawful and safe.
• Act quickly to prevent an adverse possession claim later; adverse possession claims require long, continuous possession under certain elements.
• Ask for local legal help. Use a licensed Utah property attorney to prepare notices and file the correct court action. If cost is a concern, ask about limited-scope representation or consultations focused on immediate next steps.