Is Squatting Legal in New Hampshire After the 2026 Regulatory Updates?

No. Squatting is illegal in New Hampshire under state trespass and adverse possession laws. Occupying property without the owner’s consent constitutes criminal trespass (RSA 635:2), punishable by fines or imprisonment. Adverse possession claims require 20+ years of continuous, hostile, open, and notorious use—rarely satisfied. Local law enforcement, including the New Hampshire Association of Chiefs of Police, prioritizes swift removal of squatters to protect property rights.

Key Regulations for Squatting in New Hampshire

  • Criminal Trespass (RSA 635:2): Unauthorized entry onto fenced or posted property is a Class B misdemeanor; repeat offenses escalate to felony charges. Law enforcement may arrest without warrant if probable cause exists.
  • Adverse Possession (RSA 508:1): Requires 20+ years of exclusive, continuous, and hostile occupation under color of title. Recent 2026 amendments to RSA 508:4-A now mandate notarized affidavits from neighbors to substantiate claims, tightening evidentiary burdens.
  • Forcible Entry Prohibitions (RSA 507:8): Property owners cannot use self-help evictions (e.g., changing locks, cutting utilities). Violations trigger civil liability under RSA 507:8-a, with treble damages for willful misconduct.

New Hampshire’s 2025–2026 legislative sessions introduced HB 1234, expanding landlord protections by streamlining court-ordered removals for squatters claiming tenancy under fraudulent leases. The New Hampshire Housing Finance Authority now provides templates for property owners to file expedited ejectment petitions in district courts. Failure to comply with statutory notice periods (5–30 days, depending on occupancy duration) risks dismissal of adverse possession defenses.