Nevada
Nevada Squatters Rights and Adverse Possession Laws (2026)
Independently fact-checked against primary sources (last audited August 18, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 18, 2026. How we verify our legal content
Nevada sets a 5-year adverse possession period under , and adds a tax-payment condition. 's own text ties that condition to also satisfying NRS 11.120 or NRS 11.140, provisions this article does not cover, so squatters should confirm with an attorney exactly how the tax-payment requirement applies to their claim. Nevada also provides a summary eviction process and criminal unlawful-occupancy statutes that give property owners direct enforcement tools.
Information last verified on May 27, 2026. This article provides general legal information, not legal advice.
Jurisdiction scope: This article covers Nevada state law only, including NRS Chapter 11 (adverse possession), NRS Chapter 40 (summary eviction), and -205.0819 (criminal unlawful occupancy). For a comparison of all 50 states, see the national squatters rights guide.
Adverse Possession in Nevada: Period, Taxes, and Elements
Nevada's adverse possession framework involves several statutes. establishes the baseline 5-year limitation period. addresses what happens when a claimant possesses under color of title. NRS 11.150 imposes a tax-payment condition, but its own text ties that condition to also satisfying NRS 11.120 or NRS 11.140, not directly to NRS 11.070 or . NRS 11.120 and NRS 11.140 are not covered by this article, so a claimant should confirm with a Nevada attorney exactly how the tax-payment requirement interacts with a specific claim.
NRS 11.070: The 5-Year Base Period
NRS 11.070 sets the limitation period for actions to recover real property. When a true owner fails to bring a recovery action within 5 years after the adverse claimant entered possession, the owner's right of action is time-barred. The occupant may then bring a quiet-title action to obtain a court declaration of ownership.
Nevada courts require the claimant to prove each of the standard adverse possession elements throughout the 5-year period:
Actual possession. The claimant must physically occupy and use the land in a manner appropriate to its character. Grading, fencing, landscaping, or constructing improvements on a vacant lot satisfies this element. Mere occasional visits do not.
Open and notorious possession. The occupation must be visible to a reasonable property owner who inspects the land. Hidden or concealed use does not give the true owner constructive notice and cannot support a claim.
Exclusive possession. The claimant must control the property to the exclusion of the true owner and the general public. Sharing use with strangers or the owner defeats exclusivity.
Hostile possession. The occupant must hold without the owner's permission. Possession under a lease, license, or express consent is not hostile and cannot ripen into adverse possession. Nevada courts apply an objective standard: the claimant must act as an owner would act, without the true owner's authorization.
Continuous possession. The claimant must maintain uninterrupted possession for the entire 5-year period. Tacking, adding together successive periods of possession held by persons in privity with one another, is available in Nevada. When tacking, each possessor in the chain must satisfy the same elements, and the aggregate period must reach 5 years.
NRS 11.110: Color of Title
NRS 11.110 addresses adverse possession held under color of title, meaning the claimant holds a written instrument such as a defective deed or a deed covering only part of the land actually claimed that purports to convey title but is legally insufficient to do so. Possession under color of title allows the claimant to assert constructive possession of the full parcel described in the instrument, even if only a portion has been physically occupied. This is significant for boundary disputes where a deed describes more land than the claimant has actually farmed or fenced.
Critically, NRS 11.110 does not eliminate or reduce the 5-year period. It supplements NRS 11.070 by defining the extent of the claim, not the length of time required to ripen it. NRS 11.150's tax-payment requirement is stated as conditioned on also satisfying NRS 11.120 or NRS 11.140, sections not covered in this article, so whether and how it applies to an NRS 11.110 color-of-title claim should be confirmed with a Nevada attorney.
NRS 11.150: Mandatory Tax Payment in Every Case
NRS 11.150 adds a distinctive requirement to Nevada adverse possession law. Its text states that adverse possession is not established unless, in addition to satisfying NRS 11.120 or NRS 11.140, the claimant has occupied the premises continuously for 5 years and has paid all taxes levied or assessed against the property during that period.
NRS 11.150's text conditions the tax-payment requirement on also satisfying NRS 11.120 or NRS 11.140, sections not covered in this article, rather than stating a blanket exception-free rule for every type of claim. A claimant who occupies for 5 years but pays no taxes acquires nothing. A claimant who pays taxes for 4 years and misses 1 year fails the requirement. The Nevada Supreme Court and district courts have consistently held that both elements, continuous 5-year possession and continuous 5-year tax payment, must be proven simultaneously.
For practical purposes, this means a squatter who has not been paying property taxes is in a fundamentally weaker legal position in Nevada than in most other states. The true owner can defeat a potential adverse possession claim simply by demonstrating the claimant paid no taxes, without needing to prove a gap in possession.
Watch out: Property owners who discover a squatter should contact the county assessor's office immediately to confirm who has been paying taxes on the parcel. If only the true owner has paid, the squatter cannot establish the NRS 11.150 element regardless of how long they have occupied.
Elements Summary Table
| Element | Statute | Notes |
|---|---|---|
| 5-year limitation period | NRS 11.070 | Clock runs from date of adverse entry |
| Color of title (constructive possession) | NRS 11.110 | Extends claim to full deed description |
| Continuous tax payment | NRS 11.150 | Also requires satisfying NRS 11.120 or NRS 11.140 (not covered in this article) |
| Actual, open, notorious, exclusive, hostile, continuous | Common-law elements (Nevada case law) | Must be proven for full 5-year period |
How to Remove a Squatter in Nevada
Nevada provides property owners with two distinct pathways to remove an unauthorized occupant: a civil summary eviction process under NRS Chapter 40, and a criminal enforcement route under -205.0819. Both can operate in parallel.
Step 1: Do Not Use Self-Help
Nevada law prohibits self-help eviction. Changing locks, removing a squatter's belongings, cutting off utilities, or physically removing the occupant without a court order exposes the property owner to civil liability, including potential treble damages. Even when an occupant has no colorable right to remain, the owner must follow legal process.
Step 2: Summary Eviction Under NRS 40.253 and NRS 40.254
, as written, applies to 'the tenant of any dwelling... in default in payment of the rent' -- it presupposes an existing landlord-tenant relationship, not a squatter who never had a rental agreement. Its notice period runs to the close of business on the seventh judicial day after service (or, for certain short-term weekly tenancies under 45 days, by noon of the fourth full day), not 5 days. For a squatter with no tenancy at all, as bundled does not clearly apply; the criminal unlawful-occupancy statutes covered in Step 3 (NRS 205.0813 and ) are Nevada's more directly applicable tool, and a property owner in this situation should confirm the correct civil eviction procedure with a Nevada attorney.
If a tenant covered by NRS 40.253 does not vacate within the statutory notice period, the landlord files an eviction complaint in the Justice Court for the township where the property is located. Under NRS 40.253(5) and , the court schedules a summary hearing. At the hearing, the landlord presents evidence supporting the unlawful detainer. If the court agrees, it issues a judgment of unlawful detainer.
Once the court issues the order, the constable or sheriff serves the occupant a 24-hour notice to vacate. If the occupant still does not leave, the constable or sheriff executes a lockout. The entire process, from initial notice to physical removal, can take as little as one to two weeks when the occupant does not contest the action or does not appear at the hearing.
If the squatter contests the eviction and claims adverse possession as a defense, the matter may require a more formal evidentiary hearing. At that stage, the owner's best response is to demonstrate, through county tax records and the absence of a deed or lease, that the squatter has not satisfied NRS 11.150.
Step 3: The Criminal Unlawful-Occupancy Route Under NRS 205.0813 and NRS 205.0817
Nevada enacted criminal anti-squatting statutes in 2015. NRS 205.0813 addresses housebreaking: a person who forcibly enters an uninhabited or vacant dwelling, knowing or having reason to believe the entry is without the owner's permission, with intent to take up or provide residence there, is guilty of housebreaking. NRS 205.0817 covers unlawful occupancy: a person who takes up residence in an uninhabited or vacant dwelling, knowing or having reason to believe the residency is without the owner's permission, is guilty of unlawful occupancy. NRS 205.0819 provides law enforcement with authority to take action based on these offenses.
The practical significance of these statutes is that a property owner who can document ownership and the absence of any tenancy or permission can contact local law enforcement and request that officers proceed under NRS 205.0813 or NRS 205.0817. Police do not have to wait for a civil court order to act on these criminal provisions. The statutes are intended to address the scenario where a squatter has entered a vacant home, changed the locks, and is resisting removal.
Key considerations when using the criminal route:
- The owner should bring documentary proof of ownership (deed or title insurance policy) and an affidavit that no tenancy was ever created.
- Law enforcement retains discretion in how they respond. Some departments treat the matter as civil and defer to the summary eviction process; others act promptly under the criminal statutes.
- A property owner may pursue both the criminal complaint and the civil summary eviction simultaneously. Filing the civil action protects the owner's rights if law enforcement declines to act immediately.
2024 and 2025 Legislative Sessions
Nevada's 82nd and 83rd Legislative Sessions (2023 and 2025) did not produce a dedicated expedited administrative squatter-removal law comparable to those enacted in Florida (2024) or several other states. As of May 2026, the summary eviction procedure under NRS 40.253 and the criminal statutes under NRS 205.0813 and NRS 205.0817 remain the primary removal tools available to Nevada property owners.
Legal disclaimer: The information on this page is a general summary of Nevada law as of May 2026. It is not legal advice and does not create an attorney-client relationship. Adverse possession and eviction law involve fact-specific analyses, and outcomes depend on the particular circumstances of each situation. Consult a licensed Nevada real estate attorney for advice on your specific case.
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Published by RecordingLaw.com. For general legal information only. Not legal advice.
More Nevada Laws
Frequently Asked Questions
How long does a squatter have to stay in Nevada to claim adverse possession?
A squatter must occupy continuously for 5 years under NRS 11.070, and NRS 11.150 adds a requirement to pay all property taxes assessed on the land during that same 5-year period, but NRS 11.150's text conditions that tax requirement on also satisfying NRS 11.120 or NRS 11.140, sections not covered in this article. A squatter who occupies for 5 years but pays no taxes cannot claim adverse possession in Nevada.
Does Nevada require squatters to pay property taxes to claim adverse possession?
NRS 11.150 requires the claimant to have paid all taxes levied or assessed against the property throughout the 5-year possession period, but its own text conditions that requirement on also satisfying NRS 11.120 or NRS 11.140 (sections this article does not cover), not simply on satisfying NRS 11.070's period or NRS 11.110's color-of-title provision. Confirm with a Nevada attorney how the tax-payment requirement applies to a specific claim.
What is the fastest way to remove a squatter in Nevada?
For a true squatter with no tenancy of any kind, the more directly applicable Nevada tool is contacting local law enforcement with proof of ownership and no tenancy to pursue criminal unlawful-occupancy charges under NRS 205.0813 and NRS 205.0817. NRS 40.253's civil summary eviction process, as written, is triggered by an existing tenant's default in rent payment, not a squatter who never had a rental agreement; a property owner should confirm the correct civil eviction route with a Nevada attorney.
What are NRS 205.0813 and NRS 205.0817?
These are Nevada's criminal anti-squatting statutes enacted in 2015. NRS 205.0813 makes it a crime to forcibly enter an uninhabited or vacant dwelling, knowing or having reason to believe the entry is unauthorized, with intent to take up or provide residence there (housebreaking). NRS 205.0817 makes it a crime to take up residence in an uninhabited or vacant dwelling knowing or having reason to believe the residency is without the owner's permission (unlawful occupancy). NRS 205.0819 authorizes law enforcement to act on these offenses, allowing police to respond to squatting complaints without waiting for a civil court order.
Can I change the locks on a Nevada property to remove a squatter?
No. Self-help eviction is prohibited in Nevada. Changing locks, removing a squatter's belongings, or cutting off utilities without a court order can expose you to civil liability. You must use the applicable Nevada removal process instead: the criminal unlawful-occupancy statutes for a squatter with no tenancy, or a summary eviction action under NRS 40.253 and NRS 40.254 if a landlord-tenant relationship exists, to obtain a lawful, court-ordered removal.
What does color of title mean in Nevada adverse possession?
Color of title under NRS 11.110 means the claimant holds a written instrument, such as a defective deed, that purports to convey title but is legally insufficient to do so. A claimant with color of title can assert constructive possession over the full parcel described in the instrument, even if only part of it has been physically occupied. The 5-year period is not shortened by color of title. NRS 11.150's tax-payment requirement is conditioned on also satisfying NRS 11.120 or NRS 11.140 rather than being stated to run through NRS 11.110 directly, so this article cannot confirm exactly how it interacts with a color-of-title claim.
Did Nevada pass a new squatter removal law in 2024 or 2025?
No. Nevada's 2023 and 2025 legislative sessions did not produce a new dedicated expedited administrative squatter-removal law. As of May 2026, the operative tools remain the summary eviction process under NRS 40.253 and NRS 40.254 and the criminal unlawful-occupancy statutes under NRS 205.0813 and NRS 205.0817, which have been in force since 2015.
Updates
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Corrected three errors: (1) NRS 11.150's tax-payment condition is tied by its own text to NRS 11.120/11.140, not stated to apply universally regardless of NRS 11.070/11.110; (2) NRS 40.253's summary eviction process applies to a tenant in default of rent, not a squatter with no tenancy, and its notice period is not 5 days; (3) NRS 205.0813 (housebreaking) and NRS 205.0817 (unlawful occupancy) were swapped throughout the article and in the Sources list.
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on 7 statutory provisions held in our own legal record, each retrieved from the official source. Tap a section to read the operative text.
Nevada Revised Statutes, Chapter 011: LIMITATION OF ACTIONS
§ 11.070No cause of action effectual unless party or predecessor seized or possessed within 5 years.In force
No cause of action or defense to an action, founded upon the title to real property, or to rents or to services out of the same, shall be effectual, unless it appears that the person prosecuting the action or making the defense, or under whose title the action is prosecuted or the defense is made, or the ancestor, predecessor, or grantor of such person, was seized or possessed of the premises in question within 5 years before the committing of the act in respect to which said action is prosecuted or defense made.
Official text (excerpt) · as of 2026-07-29 · Read the full section at leg.state.nv.us
Cited in 40 court opinionsMost recently applied by a court: 2023
Leading cases: Lanigir v. Arden (Nevada Supreme Court 1966, 82 Nev. 28) · U.S. BANK N.A. v. THUNDER PROPERTIES, INC. (NRAP 5) (Nevada Supreme Court 2022, 2022 NV 3) · Bissell v. College Development Co. (Nevada Supreme Court 1970, 86 Nev. 404)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 11.110Occupation under written instrument or judgment; when deemed adverse.In force
Whenever it shall appear that the occupant, or those under whom the occupant claims, entered into the possession of premises, under claim of title, exclusive of any other right, founding such claim upon a written instrument as being a conveyance of the premises in question, or upon the decree or judgment of a competent court, and that there has been a continued occupation and possession of the premises included in such instrument, decree, or judgment, or of some part of such premises, under such claim, for 5 years, the premises so included shall be deemed to have been held adversely, except that where the premises so included consists of a tract divided into lots, the possession of one lot shall not be deemed a possession of any other lot of the same tract.
Official text (excerpt) · as of 2026-07-29 · Read the full section at leg.state.nv.us
Cited in 5 court opinionsMost recently applied by a court: 2009
Leading cases: 25 Corp. v. Eisenman Chemical Co. (Nevada Supreme Court 1985, 101 Nev. 664) · Potts v. Vokits (Nevada Supreme Court 1985, 101 Nev. 90) · Triplett v. David H. Fulstone Co. (Nevada Supreme Court 1993, 109 Nev. 216)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 11.150Additional requirements for adverse possession: Occupation continuously for 5 years; payment of taxes.In force
In no case shall adverse possession be considered established unless it be shown, in addition to the requirements of NRS 11.120 or 11.140, that the land has been occupied and claimed for the period of 5 years, continuously, and that the party or persons, their predecessors and grantors have paid all taxes, state, county and municipal, which may have been levied and assessed against the land for the period mentioned, or have tendered payment thereof.
Official text (excerpt) · as of 2026-07-29 · Read the full section at leg.state.nv.us
Cited in 15 court opinionsMost recently applied by a court: 2024
Leading cases: Potts v. Vokits (Nevada Supreme Court 1985, 101 Nev. 90) · White Pine Lumber Co. v. City of Reno (Nevada Supreme Court 1990, 106 Nev. 778) · Crumbaker v. Kelly (Nevada Supreme Court 1979, 95 Nev. 743)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Nevada Revised Statutes, Chapter 205: CRIMES AGAINST PROPERTY
§ 205.0813Housebreaking; penalty.In force
1. A person who forcibly enters an uninhabited or vacant dwelling, knows or has reason to believe that such entry is without permission of the owner of the dwelling or an authorized representative of the owner and has the intent to take up residence or provide a residency to another therein is guilty of housebreaking. 2. A person is presumed to know that an entry described in subsection 1 is without the permission of the owner of the dwelling or an authorized representative of the owner unless the person provides a written rental agreement that: (a) Is notarized or is signed by an authorized agent of the owner who at the time of signing holds a permit to engage in property management pursuant to chapter 645 of NRS; and (b) Includes the current address and telephone number of the owner or his or her authorized representative. 3. A person convicted of housebreaking is guilty of: (a) For a first offense, a gross misdemeanor; and (b) For a second and any subsequent offense, a category D felony and shall be punished as provided in NRS 193.130.
Official text (excerpt) · as of 2026-07-29 · Read the full section at leg.state.nv.us
Cited in 1 court opinionsMost recently applied by a court: 2026
Leading cases: AUSTIN (JOSEPH) v. STATE (CRIMINAL) (Court of Appeals of Nevada 2026, 142 Nev. Adv. Op. No. 12)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 205.0817Unlawful occupancy; penalty.In force
1. A person who takes up residence in an uninhabited or vacant dwelling and knows or has reason to believe that such residency is without permission of the owner of the dwelling or an authorized representative of the owner is guilty of unlawful occupancy. 2. A person is presumed to know that the residency described in subsection 1 is without the permission of the owner of the dwelling or an authorized representative of the owner unless the person provides a written rental agreement that: (a) Is notarized or is signed by an authorized agent of the owner who at the time of signing holds a permit to engage in property management pursuant to chapter 645 of NRS; and (b) Includes the current address and telephone number of the owner or his or her authorized representative. 3. A person convicted of unlawful occupancy is guilty of a gross misdemeanor. A person convicted of unlawful occupancy and who has been convicted three or more times of unlawful occupancy is guilty of a category D felony and shall be punished as provided in NRS 193.130.
Official text (excerpt) · as of 2026-07-29 · Read the full section at leg.state.nv.us
Cited in 1 court opinionsMost recently applied by a court: 2020
Leading cases: Cope v. State of Nevada (District Court, D. Nevada 2020)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Nevada Revised Statutes, Chapter 040: ACTIONS AND PROCEEDINGS IN PARTICULAR CASES CONCERNING PROPERTY
§ 40.253Unlawful detainer: Supplemental remedy of summary eviction and exclusion of tenant for default in payment of rent.In force
1. Except as otherwise provided in subsection 12, in addition to the remedy provided in NRS 40.2512 and 40.290 to 40.420, inclusive, when the tenant of any dwelling, apartment, mobile home or recreational vehicle with periodic rent reserved by the month or any shorter period is in default in payment of the rent, the landlord or the landlord’s agent may cause to be served a notice in writing, requiring in the alternative the payment of the rent or the surrender of the premises: (a) Before the close of business on the seventh judicial day following the day of service; or (b) If the landlord chooses not to proceed in the manner set forth in paragraph (a) and the rent is reserved by a period of 1 week or less and the tenancy has not continued for more than 45 days, at or before noon of the fourth full day following the day of service. Ê As used in this subsection, “day of service” means the day the landlord or the landlord’s agent personally delivers the notice to the tenant.
Official text (excerpt) · as of 2026-07-29 · Read the full section at leg.state.nv.us
Cited in 11 court opinionsMost recently applied by a court: 2021
Leading cases: Anvui, LLC v. G.L. Dragon, LLC (Nevada Supreme Court 2007, 123 Nev. 212) · G.C. Wallace, Inc. v. Eighth Judicial District Court ex rel. County of Clark (Nevada Supreme Court 2011, 127 Nev. 701) · Justice of the Peace Lippis v. Peters (Nevada Supreme Court 1996, 112 Nev. 1008)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 40.254Unlawful detainer: Supplemental remedy of summary eviction and exclusion of tenant from certain types of property.In force
1. Except as otherwise provided by specific statute, in addition to the remedy provided in NRS 40.290 to 40.420, inclusive, when the tenant of a dwelling unit, part of a low-rent housing program operated by a public housing authority, a mobile home or a recreational vehicle is guilty of an unlawful detainer pursuant to NRS 40.250, 40.251, 40.2514 or 40.2516, the landlord or the landlord’s agent may utilize the summary procedures for eviction as provided in NRS 40.253 except that written notice to surrender the premises must: (a) Be given to the tenant in accordance with the provisions of NRS 40.280; (b) Advise the tenant of the court that has jurisdiction over the matter; and (c) Advise the tenant of the tenant’s right to: (1) Contest the notice by filing before the court’s close of business on the fifth judicial day after the day of service of the notice an affidavit with the court that has jurisdiction over the matter stating the reasons why the tenant is not guilty of an unlawful detainer; or (2) Request that the court stay the execution of the order for removal of the tenant or order providing for nonadmittance of the tenant for a period not exceeding 10…
Official text (excerpt) · as of 2026-07-29 · Read the full section at leg.state.nv.us
Cited in 2 court opinionsMost recently applied by a court: 2013
Leading cases: Davidsohn v. Doyle (Nevada Supreme Court 1992, 108 Nev. 145) · Walker v. Dist. Ct. (Powerhouse Platinum Realty) (Nevada Supreme Court 2013)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
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Sources and References
- NRS 11.070 - Limitation on action for recovery of real property (5-year period)(leg.state.nv.us)
- NRS 11.110 - Adverse possession under color of title(leg.state.nv.us)
- NRS 11.150 - Adverse possession: Tax payment required(leg.state.nv.us)
- NRS 40.253 - Summary eviction: Unlawful detainer(leg.state.nv.us)
- NRS 40.254 - Summary eviction: Hearing and order(leg.state.nv.us)
- NRS 205.0813 - Housebreaking(leg.state.nv.us)
- NRS 205.0817 - Unlawful occupancy of dwelling(leg.state.nv.us)
- NRS 205.0819 - Unlawful occupancy: Law enforcement authority(leg.state.nv.us)