European property law
Squatters' rights in Denmark: how hævd works and what it takes
Twenty years of continuous possession, under a rule written in 1683 and still in force. Since 2023, the Danish Supreme Court has held that possession by someone who knew the land belonged to another does not, as a starting point, lead to ownership.
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- Statutory period
- 20 years
- What's different here
- knowing the land is not yours blocks it, since a 2023 ruling
- Statute
- Danske Lov 5-5-1
Denmark has no modern statute on adverse possession. The rule is still article 5-5-1 of Christian V's Danske Lov of 1683: whoever has held property for twenty years without complaint or court action keeps it, unless it was held on loan, in lease or as security. Courts have filled in the rest, requiring actual control of the area, typically up to a visible and fixed boundary, and no agreement with the owner that would make the use permitted.
In practice hævd is mostly a boundary question between neighbours: a hedge planted a metre over the line, a garden strip absorbed decades ago. On 3 February 2023 the Supreme Court held that villa owners had not won hævd over a municipal planting strip they had fenced into their gardens, because they knew it was not theirs when they took it. That knowledge now bars hævd as a starting point, which narrows the rule further for anyone who moves in knowing the property belongs to someone else.
Squatting a home is a criminal matter in Denmark, not a path to ownership. Unlawful entry into another's house is an offence under section 264 of the Criminal Code (straffeloven), and taking the law into your own hands is itself an offence under section 294, so an owner is expected to report the entry to the police or go to the bailiff's court (fogedretten) rather than remove occupants personally.
Where Denmark sits against the rest of Europe, in years
Of 31 places in Europe on these pages, 23 have a shorter clock and 4 a longer one or none at all.
How it unfolds
From the day someone moves in to the day a claim is possible
The same three stages in most places. The exact rule, and whether the last stage exists at all, is on each place's own page.
- Day oneMoving inCaught in the act, it is usually a matter for the police: a trespass, not a tenancy.
- Weeks to yearsSettled inOnce someone lives there, removing them usually takes a court order, the same route as for a tenant.
- After 20 yearsA claim becomes possibleOnly if every test held, without a break, for the whole period. Where the law allows no such claim, this stage never comes.
Not yours to do, once they have moved inChanging the locks, cutting the water or power, or removing belongings yourself. It is illegal in every US state and most places on these pages forbid it too. Each page says how removal works there.
Before it is ever a court case
The record a court asks for, kept as you go
Wherever your property stands, removing an occupant usually comes down to showing who had the right to be there, and since when. Dardaris files every lease, message and document for a building by date, so that record already exists on the day you need it.
- Every lease, with who signed it and when
- Every message with a tenant, on the thread it was sent in
- Every document, filed against the building it concerns
Frequently asked questions
How long does adverse possession take in Denmark?
Twenty years of continuous, unbroken possession under Danske Lov 5-5-1. A longer "alderstid" doctrine exists for possession beyond living memory, but the ordinary rule is twenty years.
Can a squatter who knew the property was not theirs gain rights in Denmark?
As a starting point, no. In its judgment of 3 February 2023 the Supreme Court held that ownership cannot be acquired by hævd if the person knew, when they took control, that the area belonged to someone else.
Is squatting illegal in Denmark?
Unlawful entry into another person's house or other non-public place is an offence under section 264 of the Criminal Code. Under the squatting laws in Denmark, an owner can also ask the bailiff's court (fogedretten) to restore possession.
Can I remove squatters myself in Denmark?
Taking the law into your own hands (selvtægt) is an offence under section 294 of the Criminal Code. Changing the locks or throwing out belongings yourself risks that offence; the lawful routes are a police report and the bailiff's court.
Elsewhere in Europe
The same question, on a different clock. Every place sets its own period and its own shortcuts.
This is general information, not legal advice.Laws change, and a county or a city can add its own wrinkle on top of the state rule, the way New York City does. Confirm the current rule for your address before acting on it, and talk to a local attorney before relying on any of it in a real dispute.
Know who is actually in your property, before it becomes a court case.
Hand over one building and see every lease checked against what is actually happening on the ground.
14 days before the first charge · Nothing is switched on until you say so