Detailed answer — what steps an owner or seller should expect

When an unauthorized person is living in or occupying real property you intend to sell, multiple legal issues arise: (1) immediate right to possession, (2) whether the occupant is a trespasser, squatter, or tenant, and (3) how to remove the occupant without jeopardizing the sale. Below are the typical steps and legal principles that apply in Virginia.

1. Identify the occupant’s status (trespasser, squatter, or tenant)

• Trespasser: Someone on the property without any right, permission, or agreement. Police can sometimes remove criminal trespassers if a criminal statute has been violated.
• Squatter/adverse possessor: Someone occupying property claiming ownership by right of possession. Adverse possession claims require long, open, exclusive, hostile, and continuous possession for the statutory period; they are not resolved overnight.
• Tenant (express or implied): Someone who has a rental agreement (written or verbal) or has been allowed to stay long enough that a court may find a tenancy. Tenants have eviction protections and specific procedural rights.

2. Immediate actions to preserve your rights

1. Document everything: photos, dates, witness statements, copies of any communications, and proof of ownership (deed, tax bill, title report).
2. Do NOT use force or illegal self-help (for example, avoid changing locks or physically removing belongings if the occupant may be a tenant). In many situations self-help can expose you to civil liability.
3. Contact local law enforcement if the person is actively committing a crime (for example, breaking and entering or other unlawful activity). Note: police responses vary — some view possession disputes as civil matters and will advise court action.

3. Follow the civil removal process if law enforcement won’t immediately remove the occupant

Virginia provides civil procedures for restoring possession. Two common routes are summary ejectment/unlawful detainer (for occupants considered tenants or similarly entitled) and ejectment/forcible entry actions (for trespassers or someone denying your possession).

• File the appropriate action in the general district court or circuit court where the property is located. Courts will evaluate evidence of ownership and right to possession.
• If the court rules in your favor, it will issue a judgment and typically a writ or order of possession. The sheriff will execute the writ and remove the occupant if necessary.
• Expect to collect and present proof: chain of title, communications, rental history (if any), and photos. The faster you act, the better your chance of stopping the occupant from claiming long-term rights.

4. Special issues tied to a pending sale

• If you are under contract to sell, inform the buyer and the title company immediately. Most title insurers and closing agents require clear possession and may delay closing until the issue is resolved.
• Buyers can insist on seller-initiated eviction prior to closing, request escrow for possession issues, or include contract language allocating risk of an unauthorized occupant.
• If a purchaser completes a purchase while an unauthorized occupant remains, the buyer normally must pursue removal through the same civil process after closing (or insist seller handle removal as a condition of closing).

5. About adverse possession (squatters claiming ownership)

Adverse possession claims require a long period of open, continuous, exclusive, and hostile possession under Virginia law. Adverse possession is not an immediate threat in most cases because the statutory time period to acquire title is long. If you suspect someone is attempting a claim of adverse possession, act quickly to remove them and preserve records showing ongoing ownership and interruptions of their possession.

6. Criminal remedies and trespass statutes

Some conduct may also violate Virginia criminal statutes (for example, breaking and entering, or trespass where the occupant refuses to leave after a lawful order). If criminal conduct is present, law enforcement can arrest the occupant and help remove them; otherwise, civil court is required for possession disputes. For Virginia criminal statutes, see Title 18.2 of the Virginia Code: https://law.lis.virginia.gov/vacode/title18.2/

For civil procedure and remedies related to possession and ejectment, see Title 8.01 (Civil Remedies and Procedure) and for property and conveyances see Title 55.1: https://law.lis.virginia.gov/vacode/title8.01/ and https://law.lis.virginia.gov/vacode/title55.1/

7. Practical timeline and costs

• Investigation/documentation: immediate (days).
• Filing a court action and serving process: typically 1–3 weeks depending on court schedules.
• Court hearing and judgment: often within weeks to a few months.
• Sheriff execution of a writ of possession: scheduled after judgment; timing varies by locality.
• Costs: court filing fees, service fees, sheriff’s fees, possible attorney fees, and possible costs to secure or repair the property after removal.

Because timelines and procedures vary by locality, consult a local attorney or your title company early in the process.

Helpful hints — preparing, preventing, and responding

• Keep the property secured when vacant: change locks between occupants, maintain utilities as appropriate, and use exterior lighting and inspections to deter unwanted occupation.
• Maintain clear documentation of ownership and listing/marketing activity if the property is for sale (MLS listings, showing logs, proof of offers) — this helps show you retained control and intent to sell.
• Ask your title company about standard closing conditions. Many title insurers and buyers will refuse to close on a sale where an unauthorized occupant remains without a court order removing them.
• Immediately contact local law enforcement if the occupant is violent, destructive, or committing other crimes. For non-violent possession disputes, prepare to use the civil court process.
• Do NOT rely on self-help eviction methods like changing locks or removing belongings if the occupant might be a tenant — courts often penalize illegal self-help. If the occupant is indisputably a criminal trespasser and law enforcement agrees, police may remove them, but that varies by jurisdiction.
• If you receive notices from the occupant (claims of tenancy or adverse possession), preserve those documents and speak with counsel — written claims can complicate the necessary proof you must present in court.
• Consider inexpensive pre-litigation steps: a formal written notice to vacate (sent certified mail with return receipt), a demand letter from an attorney, or filing a simple civil action if local rules permit.