Servicemember Residence Protection Act
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Would protect servicemembers from losing real property to adverse possession — commonly called squatter's rights — while they are away on military service, by pausing the legal clock that squatters must run to claim ownership.
The bill also directs the Department of Veterans Affairs to update its websites with practical guidance on securing and leasing property during deployment, giving servicemembers clearer resources before they ship out.
What this bill would do
What it would do
The bill would amend the Servicemembers Civil Relief Act to toll — that is, legally pause — the period of adverse possession of a servicemember's real property during any period of military service. Under adverse possession, a person who occupies someone else's land continuously for a set period defined by state law can eventually acquire legal title. The bill would prevent that clock from running against a servicemember who is absent because of military service, effectively nullifying any squatter's rights that would otherwise accrue under state law during that absence.
The bill would also require the Secretary of Veterans Affairs, in consultation with the Attorney General, to update the VA's website and other relevant sites within 45 days of enactment to include resources on securing property while absent, leasing real property, landlord-tenant rights and obligations, and any other information the Secretary and Attorney General deem necessary. The bill does not create new eviction procedures or penalties; it solely suspends the adverse-possession clock and adds an informational resource requirement.
Key provisions
- 1Would toll the adverse possession clock on a servicemember's real property for the entire duration of their military service, preventing squatters from counting that period toward ownership under state law.
- 2Would require the Secretary of Veterans Affairs, in consultation with the Attorney General, to update VA and other relevant websites within 45 days with resources on securing property, leasing, and landlord-tenant rights during deployment.
Who would be affected
Servicemembers who own real property and are deployed or otherwise absent for a period of military service — particularly those who may leave a home or other property unoccupied for extended periods. State courts applying adverse possession laws would also be affected, as would the Department of Veterans Affairs and the Attorney General, who would jointly update informational resources.
Why it matters
Without this protection, a servicemember who leaves property unoccupied during deployment could face a situation where a squatter's continuous occupation counts toward a state-law adverse possession period, potentially threatening the servicemember's ownership. Pausing that clock removes a legal vulnerability unique to people who cannot monitor or defend their property because of the demands of military service.
What would change
Changes to existing law
Amends Servicemembers Civil Relief Act, Section 206 (50 U.S.C. 3936) (Sec. 2(a))
Adds a new subsection (d) prohibiting inclusion of a servicemember's military service period in computing any adverse possession period for their real property.
Agencies directed to act
Effective dates
- VA website update with property and landlord-tenant resources for deployed servicemembers
Funding and costs
Congressional Budget Office estimate
CBO estimates H.R. 2334 would have no effect on the federal deficit, with spending subject to appropriation increasing by less than $500,000 over the 2025–2035 period.
CBO estimates the bill would have no effect on direct (mandatory) spending, revenues, or the deficit over both the 2025–2030 and 2025–2035 periods. The bill's core change — amending the Servicemembers Civil Relief Act to exclude military service time from state calculations of adverse possession periods — does not involve the federal government's finances. The only federal cost is a requirement for the Department of Veterans Affairs to update its website with information on servicemembers' property and tenancy rights, which CBO estimates would increase discretionary spending (subject to annual appropriations) by less than $500,000 over 2025–2035. The bill imposes one intergovernmental mandate by preempting state adverse-possession laws, but CBO estimates the cost of that mandate would not exceed UMRA's threshold (currently $103 million, adjusted for inflation); it contains no private-sector mandates.
How implementation would work
The tolling rule is self-executing: courts and parties in adverse possession disputes would simply exclude periods of the property owner's military service from the required continuous-occupation calculation. No rulemaking is required. Separately, the Secretary of Veterans Affairs must consult with the Attorney General and update relevant websites within 45 days of enactment, covering property-securing strategies, leasing guidance, and landlord-tenant rights. No grant program, reporting cycle, or enforcement mechanism is established beyond these two requirements.
Legislative status & sources
Latest action
Received in the Senate and Read twice and referred to the Committee on Veterans' Affairs.
Official CRS summary
Show the CRS summaryHide the CRS summary
This bill amends the Servicemembers Civil Relief Act to preempt state laws that establish squatter’s rights for premises owned by a servicemember in situations where the premises is occupied by a squatter during a period of military service of the servicemember.
Legislative subjects
Armed Forces and National Security; Federal preemption; Military personnel and dependents; Property rights
Committee report
H. Rept. 119-261