European property law
Squatters' rights in Iceland: what the 1905 Prescription Act says
Twenty years of unbroken possession of land, under article 2 of the Prescription Act no. 46/1905. The same article rules out anyone who took possession through a crime or dishonest conduct.
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- Statutory period
- 20 years
- What's different here
- possession gained by crime or dishonest conduct never counts
- Statute
- Lög um hefð nr. 46/1905, 2. gr.
Iceland's rule on acquisitive prescription, hefð, is a short statute from 1905 that is still in force. Article 1 allows hefð over any property that can be privately owned, land and movables alike, and article 2 sets the condition: twenty years of uninterrupted possession of real property, or ten years for movables.
Article 2 also sets the limits. Hefð cannot be gained by a person who obtained control through a crime or dishonest conduct, or who learns of such an origin before the period runs out, and it cannot be gained by someone who received the property as a pledge, for safekeeping, on loan or on lease. A squatter who breaks into a building, or a tenant who stays on, falls outside the rule.
Removing an occupant who has no right to be there is a matter for the courts: an eviction (útburður) is requested from the district court and carried out by the district commissioner (sýslumaður). Entering another person's home without right can be the offence of húsbrot under article 231 of the General Penal Code, and that applies to an owner who forces their way in as well.
Where Iceland 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.
Sources checked
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 is adverse possession in Iceland?
Twenty years of uninterrupted possession for real property, and ten years for movables, under article 2 of the Prescription Act no. 46/1905.
Can a squatter claim hefð in Iceland?
Not if they took possession through a crime or dishonest conduct, which article 2 of the Act expressly excludes. Possession held as a tenant, borrower, custodian or pledgee is excluded too.
How are squatters removed in Iceland?
Through an eviction (útburður) confirmed by the district court and carried out by the sýslumaður. Squatting in Iceland is not something an owner is expected to resolve by force; unlawful entry into a home is the offence of húsbrot under article 231 of the General Penal Code.
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