Squatters Rights Alabama Summary
Statutory Period
10 years of continuous possession required
Primary Statute
Alabama Code § 6-5-200
Additional Requirements
- Open, notorious, exclusive, and hostile possession
- Payment of property taxes
- Color of title or claim of right
Squatters Rights 30 Days Alabama
Origins of the 30-Day Myth in Alabama
- Confusion with tenant protections: Alabama's landlord-tenant laws provide specific protections to legal tenants who have permission to occupy a property, including notice requirements before eviction. These do not apply to unauthorized occupants.
- Misinterpretation of "holdover tenant" laws: When legal tenants remain after a lease expires, they may have specific rights as holdover tenants that squatters do not have.
- Traditional eviction timelines: The standard court process for removing occupants can take several weeks, creating the false impression that squatters have gained rights during this period.
- Guest-tenant conversion issues: In cases where someone was initially invited as a guest but refuses to leave, different legal principles may apply than in pure squatting cases.
Alabama's 2025 Squatter Removal Process
Alabama law provides several options for property owners to remove unauthorized occupants:
- Under Alabama law, unauthorized occupants with no legal right to the property can be removed through an unlawful detainer action
- Law enforcement can assist in removing trespassers who are clearly unauthorized to be on the property
- Property owners must provide proof of ownership such as a deed or tax records
- As of 2025, Alabama has strengthened protections for property owners with clearer guidelines for addressing squatter situations
- The ejectment process can be used when there is a dispute over property rights or ownership
These legal processes help counter the misconception that squatters gain rights after a certain period and provide relief to property owners.
Important 2025 Update: Alabama has strengthened its trespassing laws to better address squatting situations, with amendments to Alabama Code § 13A-7-2 (criminal trespass) to more explicitly address unauthorized property occupation. Law enforcement now has clearer authority to treat squatting as criminal trespass in appropriate cases. For actual adverse possession in Alabama, a claimant must occupy the property continuously for 10 years, not 30 days. Additionally, Alabama requires payment of property taxes and either color of title or claim of right for adverse possession claims.
Overview of Adverse Possession in Alabama
Key information about squatter's rights in Alabama
Alabama's adverse possession laws establish a 10-year statutory period and follow traditional common law principles. The state requires payment of property taxes and either color of title or a claim of right to establish a successful adverse possession claim.
Statutory Time Requirements
Alabama requires a 10-year period of continuous possession to establish adverse possession under Alabama Code § 6-5-200.
Reference: Alabama Code
Common Law Elements
To establish adverse possession in Alabama, the following elements must be proven:
- Actual: Physical occupation of the property
- Hostile: Possession without the owner's permission
- Exclusive: Using the property as if the possessor were the owner
- Open and Notorious: Visible use that would be obvious to the true owner
- Continuous: Uninterrupted possession for the entire 10-year period
Reference: Alabama Court Decisions
Payment of Taxes
Alabama requires payment of property taxes as part of an adverse possession claim. The claimant must typically show they have paid all property taxes during some portion of the statutory period.
Color of Title or Claim of Right
In Alabama, adverse possession can be established through either:
- Color of Title: Possession under a document that appears to give ownership rights but is actually defective
- Claim of Right: Possession with a good faith belief of ownership without documentation
Burden of Proof
The burden of proof in Alabama adverse possession cases is on the claimant. Unlike some states with higher evidentiary standards, Alabama typically applies the "preponderance of evidence" standard for adverse possession claims.
Boundary Disputes
Many Alabama adverse possession cases involve boundary disputes between neighbors. When a fence or other boundary marker has been in place for at least 10 years, and treated as the property line by both parties, courts may recognize this as establishing adverse possession up to that line.
Alabama Adverse Possession Statutes
Alabama Code § 6-5-200. Adverse Possession
(a) When an action is brought for the recovery of lands or the possession thereof, the person commencing the action must have been seized or possessed of the lands within 10 years before the commencement of the action.
(b) Adverse possession cannot confer or defeat title to land unless the party setting it up shall show that a deed or other color of title purporting to convey title to him has been duly recorded in the office of the judge of probate of the county in which the land lies for 10 years before the commencement of the action, that he and those through whom he claims shall have annually listed the land for taxation in the proper county for 10 years prior to the commencement of the action if the land is subject to taxation, or, unless he and those through whom he claims shall have been in actual, exclusive, open, notorious, and hostile possession of the lands for 10 years before the commencement of the action.
(c) The right of a person to the possession of lands is not affected by occasional acts of trespass by others or by casual encroachments by others which are not acquiesced in by him; nor are lands deemed to be held adversely to a person remaining in possession by reason of failure on his part during his continuance in possession to assert his legal title by action for the recovery of lands against a person who may be out of possession and who may claim title thereto or may be seized or possessed thereof.
Alabama Code § 6-5-220. Peaceable Possession Under Color of Title
If anyone is in possession of lands under claim of title by himself or those through whom he claims, by a conveyance, devise, descent, or other instrument which, in the trial of any action, is proved not to convey the actual title to such lands or interest claimed therein, the court shall, nevertheless, protect the possession and constitute the occupant a trustee for the holder of the legal title or interest and shall declare the reasonable value of such lands or interest and may ascertain the value of the use of such lands during his occupancy and the value of any permanent improvements made by the occupant in good faith, or those through whom he claims, and the value of the lands without improvements, and may declare the same a lien on said lands or interest.
Important Legal Notes
- Alabama courts have consistently held that payment of property taxes is required for statutory adverse possession.
- Under Alabama law, multiple periods of adverse possession may be "tacked" together if there is privity between successive occupants.
- Adverse possession claims in Alabama must be initiated by filing a quiet title action in the circuit court where the property is located.
- Alabama specifically exempts all government-owned lands from adverse possession claims.
Key Alabama Adverse Possession Cases
Strickland v. Brooks (2018)
This significant case established that fencing and cultivating property, combined with regular maintenance and payment of taxes, was sufficient to establish adverse possession. The Alabama Supreme Court emphasized that the possessor's actions must be so open and notorious that they would alert a reasonable property owner to the adverse claim.
Jones v. Brown (2015)
Clarified that occasional or periodic use of property is insufficient to establish adverse possession in Alabama. The court ruled that sporadic hunting, timber cutting, and recreational use did not constitute the continuous and exclusive possession required for adverse possession.
Wilson v. Cooper (2010)
Established that a fence that had been maintained for over 20 years was sufficient evidence of adverse possession, even when the fence line did not match the actual boundary according to surveys. The court emphasized that long-term maintenance of a visible boundary marker created a presumption of adverse possession.
Adams v. Bethany (2008)
Important case concerning the "hostile" element of adverse possession. The court found that when a claimant mistakenly believes property belongs to them (based on an incorrect understanding of boundary lines), the possession can still be considered "hostile" for purposes of adverse possession, even without intent to take from the true owner.
Moody v. Wooten (2005)
Addressed the tax payment requirement in Alabama adverse possession law. The court held that while payment of taxes is required, it need not be for the entire statutory period, particularly in boundary dispute cases where the disputed strip may not be separately assessed for tax purposes.
Henderson v. Griffin (2000)
Established that permissive use cannot ripen into adverse possession. When the original entry was with permission of the owner, the possessor must clearly repudiate the owner's title by some unequivocal act brought home to the owner before adverse possession can begin.
Alabama Adverse Possession Procedures
Making an Adverse Possession Claim
To establish adverse possession in Alabama, a claimant typically must:
- File a quiet title action in the circuit court of the county where the property is located
- Provide evidence meeting all statutory and common law requirements (actual, exclusive, hostile, open, continuous possession for 10 years)
- Demonstrate payment of property taxes during some portion of the possession period
- Present evidence of color of title or claim of right
- Provide witness testimony, photographs, surveys, and other documentation supporting the claim
- Be prepared to address any evidence of permissive use or interruption of possession
The court will evaluate all evidence to determine if the claimant has satisfied all requirements by a preponderance of the evidence.
Defending Against Squatters
Alabama property owners can protect against adverse possession claims by:
- Regularly inspecting property boundaries and addressing any encroachments
- Posting "No Trespassing" signs along property boundaries
- Maintaining accurate property surveys and documentation
- Providing written permission for any allowed use of the property
- Keeping property tax payments current
- Taking legal action against unauthorized users before the 10-year statutory period expires
- Documenting property visits and boundary inspections
- Considering filing a declaratory judgment action to establish property rights if a dispute arises
Any action that interrupts the continuity of possession will restart the 10-year statutory period in Alabama.
Removing Squatters
Alabama has a specific process for removing squatters from property:
- Unlawful Detainer Action: Property owners can file an unlawful detainer action in district court to remove squatters who have no legal right to occupy the property.
- Ejectment Action: When title to the property is in dispute, an ejectment action is the appropriate legal remedy. This action must be filed in circuit court.
- File a complaint for ejectment
- Serve notice on all occupants
- Attend court hearing
- Obtain writ of possession
- Have the sheriff execute the writ to remove squatters
- Criminal Trespass: In many cases, squatting can be addressed as criminal trespass under Alabama law, which is a misdemeanor punishable by up to one year in jail and fines.
Important: Alabama law prohibits "self-help" evictions such as changing locks, removing doors, or shutting off utilities. These actions are illegal and can result in liability for the property owner.
Frequently Asked Questions
How long does someone have to stay on my property to claim it in Alabama?
They need to live there for 10 years straight without your permission. But that’s not all — they must treat the place like it’s theirs, be obvious about living there, and usually pay property taxes too.
Does paying property taxes help a squatter claim my property in Alabama?
Yes, it does. In Alabama, paying property taxes for 10 years shows that someone has been acting like the owner. It's an important part of making a legal claim.
What is "color of title" in Alabama adverse possession law?
In Alabama, "color of title" refers to a document that appears to give the possessor ownership rights to the property, but contains some defect that makes it legally invalid. This could include improperly executed deeds, defective conveyances, or invalid tax deeds. Alabama law requires either color of title or a claim of right for adverse possession.
If someone is living on my land without permission, what should I do in Alabama?
Act quickly. Talk to a lawyer or law enforcement right away. You can serve a written notice to vacate, and if they don’t leave, you may need to go through the eviction process. The longer someone stays without challenge, the stronger their potential claim can become over time.
Can I lose part of my property because my neighbor's fence is over the boundary line?
Potentially, yes. In Alabama, if your neighbor maintains a fence over the boundary line for 10 or more years, treats the fence as the property line, pays taxes on the property, and meets all other requirements for adverse possession, they may gain legal ownership of that portion of your property. Boundary disputes are one of the most common types of adverse possession cases in Alabama.
Can someone claim adverse possession against government-owned land in Alabama?
Generally, no. The principle of "nullum tempus occurrit regi" ("no time runs against the king") has been widely adopted in Alabama to protect government property from adverse possession claims. Land owned by the state of Alabama, counties, municipalities, or other government entities is typically immune from adverse possession claims regardless of how long someone occupies the property.
Can trespassers gain rights to my property after 30 days in Alabama?
No. This is a common misconception. In Alabama, adverse possession requires at least 10 years of continuous, open, notorious, exclusive, and hostile possession, along with payment of taxes and either color of title or claim of right. Short-term occupancy (whether 30 days or even several months) does not establish any ownership rights through adverse possession in Alabama.