How to handle someone occupying your Wyoming property before sale

Disclaimer: This is general information, not legal advice. Consult a licensed Wyoming attorney for advice specific to your situation.

Detailed answer — what happens and the legal options in Wyoming

If an unauthorized person is living in or occupying real property you own (commonly called a “squatter”), Wyoming law treats the situation through both criminal and civil avenues depending on the facts. The steps you take depend on whether the occupant is a trespasser, a claimed tenant, or someone asserting an ownership interest (e.g., by adverse possession).

1) Immediate response: safety and police involvement

If you believe the occupant is trespassing and creating an immediate safety risk or committing a crime (breaking and entering, vandalism, threats), call local law enforcement. Criminal trespass and related offenses are handled under Wyoming criminal statutes (see Title 6 — Crimes and Offenses): https://wyoleg.gov/statutes/compress/title6. Note: police may decline to remove someone if the situation appears to be a civil landlord/tenant dispute rather than a clear criminal trespass.

2) Do NOT use self-help eviction

Wyoming property owners must avoid “self-help” removal (changing locks, removing personal property, using force). Doing so can expose you to criminal charges or civil liability. Instead, use court procedures to obtain legal possession.

3) Determine the occupant’s legal status

Common occupant claims:

• They are a tenant (oral or written lease). Tenancy requires following eviction law.
• They are a licensee or guest — easier to remove but still usually requires court action if they refuse to leave.
• They claim ownership or adverse possession — requires meeting statutory elements for an extended period.

Gather documents showing you own the property (deed, closing documents), any communications or written agreements, photos of occupancy, and any threats or criminal acts.

4) Civil remedies: eviction (unlawful detainer/ejectment) and quiet title

Two common civil processes:

• Unlawful detainer / forcible entry and detainer: This is the typical fast-track eviction route for tenants or occupants who are wrongfully holding possession. File in the appropriate court (often county or district court or justice court depending on the amount and local practice). If you prevail, the court can issue a writ of possession directing the sheriff to remove the occupant and restore possession to you.
• Ejectment / quiet title / replevin actions: If the occupant claims ownership (or if title disputes exist), you may need an ejectment action or a quiet-title lawsuit to clear title and obtain possession. These actions can be longer and more complex.

Wyoming’s civil and property statutes and procedures govern these causes of action. See the Wyoming statutes overview for civil law: https://wyoleg.gov/statutes.

5) Adverse possession risk

Someone in continuous, exclusive, open, notorious, and hostile possession for the statutory period may claim ownership by adverse possession. States set the required period and rules; verify Wyoming’s statute and elements before assuming a claim exists. If a possible adverse-possession situation arises, immediately consult a Wyoming attorney to evaluate the risk and options (notice, interruption of possession, filing suit).

6) Practical removal steps and timeline

1. Document: photos, logs of contacts, copies of communications, deed/title, prior occupant agreements.
2. Call law enforcement if criminal activity or immediate danger.
3. Hire a local Wyoming attorney to determine whether to proceed with an unlawful detainer, ejectment, or quiet-title action.
4. Serve the occupant proper notice as required by law (notice to quit or demand for possession when applicable).
5. File the civil action in the correct Wyoming court. Attend hearings and obtain a judgment for possession.
6. After judgment, request execution of a writ of possession. The sheriff will enforce the writ and physically remove occupants and their personal property if necessary.

Timelines vary: an unlawful detainer can proceed faster than a quiet-title or ejectment action. Expect at least weeks to months depending on court schedules and whether the occupant defends the case.

7) Costs and risks

Costs include filing fees, sheriff fees for writ service, attorney fees, and possible storage/disposition costs for removed personal property. If you attempt self-help or use force, you risk criminal charges and civil claims. If an occupant truly is a tenant with rent owed, eviction procedures for landlord-tenant law will apply and may include specific notice periods.

Helpful Hints

• Do not change locks or remove occupants yourself. Always use court-ordered remedies.
• Contact local police immediately only if there is criminal activity or imminent danger.
• Gather proof of ownership and evidence of occupancy (photos, utility records, witness statements).
• If you find recorded documents (leases, affidavits) or signs of long-term possession, consult an attorney about adverse-possession risk right away.
• Hire a Wyoming attorney experienced in real property and eviction law for faster, safer resolution.
• Check local court procedures and which court (county/district/justice) handles unlawful detainer in your county; procedure can vary by jurisdiction.
• Keep copies of all notices and certified mail receipts when serving occupants; courts expect proof of proper service.
• Ask about getting a writ of possession and the sheriff’s procedures — the sheriff usually enforces the court’s order.
• If you are selling the property, notify your title company and buyer promptly; an existing occupant can disrupt or delay a sale and title insurance issues may arise.

Where to learn more

Wyoming statutes and legislative materials: https://wyoleg.gov/statutes

Wyoming criminal code (trespass and related offenses): https://wyoleg.gov/statutes/compress/title6

Because procedures and statutory details matter (notice periods, court forms, and sheriff processes), consult a local Wyoming attorney or your county courthouse for precise steps.

Remember: this article provides general information only and is not legal advice or a substitute for an attorney’s guidance.