Squatters Rights Arkansas Summary
Statutory Period
7 years with color of title and payment of taxes, or 7 years with visible improvements
Primary Statute
Arkansas Code § 18-61-101 to § 18-61-106
Additional Requirements
- Open, notorious, exclusive, and hostile possession
- Payment of property taxes (for color of title claim)
- Color of title (for 7-year claim with tax payment)
- Visible improvements (for 7-year claim without color of title)
Squatters Rights 30 Days Arkansas
Origins of the 30-Day Myth in Arkansas
- Confusion with tenant laws: Arkansas's landlord-tenant laws provide specific protections to legal tenants, including notice requirements before eviction. These do not apply to unauthorized occupants.
- Misunderstanding of adverse possession: The actual statutory period for adverse possession in Arkansas is 7 years, not 30 days.
- Eviction process timelines: The time it takes to legally remove unauthorized occupants through the court system may create the impression that squatters have legal rights after a short period.
- Confusion with criminal trespass: Arkansas has strong criminal trespass laws that can be enforced immediately against unauthorized occupants.
Arkansas's 2025 Squatter Removal Process
Arkansas law provides property owners with several options to remove unauthorized occupants:
- Property owners can request law enforcement assistance in removing trespassers through Arkansas's criminal trespass laws
- Arkansas offers an unlawful detainer process for removing unauthorized occupants
- Arkansas is unique in that it has criminal eviction laws that can be used against squatters
- Property owners must provide proof of ownership such as a deed or proper documentation
- As of 2025, Arkansas has maintained its strong property owner protections against squatters
Important 2025 Update: Arkansas continues to have some of the strongest property owner protections in the nation. Arkansas Code § 5-39-203 (criminal trespass) provides law enforcement with clear authority to remove unauthorized occupants. For actual adverse possession in Arkansas, a claimant must occupy the property for 7 years with either color of title and tax payment OR with visible improvements, not 30 days as commonly misunderstood.
Overview of Adverse Possession in Arkansas
Key information about squatter's rights in Arkansas
Arkansas's adverse possession laws provide two primary paths to establish a claim, both requiring 7 years of possession but with different additional requirements. The state has maintained relatively strict requirements to protect property owners.
Statutory Time Requirements
Arkansas offers two different paths to establish adverse possession:
- 7 years: With color of title AND payment of property taxes (Arkansas Code § 18-11-102)
- 7 years: With visible improvements and without color of title (Arkansas Code § 18-11-106)
Reference: Arkansas Code Annotated
Common Law Elements
To establish adverse possession in Arkansas, 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 statutory period
Visible Improvements Requirement
Arkansas law requires "visible improvements" for the 7-year adverse possession claim without color of title. Arkansas courts have interpreted this to include:
- Construction of buildings or structures
- Fencing the property
- Clearing and cultivating land
- Installing permanent fixtures
- Other substantial improvements that demonstrate ownership
These improvements must be visible and substantial enough to put the true owner on notice of the adverse claim.
Arkansas Adverse Possession Statutes
Arkansas Code § 18-11-102. Unimproved and unenclosed land
No action for the recovery of real property, when the plaintiff does not claim title through a conveyance from the state or the United States of America, shall be maintained against any person, or the heirs or legal representatives of a person, who has paid the taxes on the property for a period of seven (7) years under a bona fide claim of ownership based upon a muniment of title, if the person, or the heirs or legal representatives of the person, have paid the taxes for that period.
Arkansas Code § 18-11-103. Payment of taxes on wild and unimproved land
Unimproved and unenclosed land shall be deemed and held to be in possession of the person who pays the taxes thereon if he has color of title thereto, but no person shall be entitled to invoke the benefit of this section unless he and those under whom he claims shall have paid the taxes for at least seven (7) years in succession.
Arkansas Code § 18-11-106. Actual possession with improvements
No action for the recovery of any lands or the possession thereof against any person, or his or her heirs or assigns, who may hold such lands by virtue of a purchase thereof at a sale by the collector, or Commissioner of State Lands, for the nonpayment of taxes, or who may have purchased them from the state by virtue of any act providing for the sale of lands forfeited to the state for the nonpayment of taxes, or who may hold the lands under a donation deed from the state, or who shall have held the lands and improvements under a donation certificate from the state, and shall have made improvements to the value of one hundred dollars ($100) thereon, shall be maintained unless it appears that the plaintiff, his or her ancestors, predecessors, or grantors were seized or possessed of the lands in question within seven (7) years next before the commencement of the action.
Important Legal Notes
- Arkansas has a 7-year statutory period for adverse possession, which is shorter than many other states.
- Arkansas provides two primary paths to adverse possession: one requiring color of title and payment of taxes, and another requiring visible improvements.
- The Arkansas Supreme Court has consistently held that all elements of adverse possession must be proven by a preponderance of the evidence.
- Arkansas law allows for "tacking" of possession periods between successive occupants when there is privity between them.
- Arkansas specifically protects government-owned lands from adverse possession claims.
Key Arkansas Adverse Possession Cases
Boyster v. Shoemake (2018)
In this case, the Arkansas Supreme Court clarified that the "hostility" element does not require ill will or intent to take property from the true owner. The court held that possession that is inconsistent with the rights of the true owner, even if based on a mistaken belief about property boundaries, can satisfy the hostility requirement for adverse possession.
Dillard v. Pickler (2014)
The Arkansas Court of Appeals emphasized the importance of visible improvements in adverse possession claims without color of title. The court ruled that merely mowing grass and occasional use was insufficient to establish adverse possession; more substantial improvements were required to satisfy the statutory requirement of improvements valued at least $100.
Bingham v. C & L Electric Cooperative (2010)
This case addressed boundary disputes and adverse possession in Arkansas. The court held that when a fence or other boundary marker has been treated as the property line for the statutory period, even if it differs from the recorded legal description, the possessor may acquire title through adverse possession up to that line if all other elements are satisfied.
Robertson v. Lees (2007)
The Arkansas Supreme Court clarified that payment of taxes is a mandatory element for adverse possession claims based on color of title under Arkansas Code § 18-11-102. The court ruled that without proof of tax payments for the full 7-year period, an adverse possession claim based on color of title must fail, even if all other elements are satisfied.
Arkansas Adverse Possession Procedures
Making an Adverse Possession Claim
To establish adverse possession in Arkansas, a claimant typically must:
- File a quiet title action in the circuit court of the county where the property is located
- Provide evidence meeting either:
- 7-year requirement with color of title and tax payment under Arkansas Code § 18-11-102 or § 18-11-103, OR
- 7-year requirement with visible improvements valued at least $100 under Arkansas Code § 18-11-106
- Demonstrate that possession was actual, open, notorious, exclusive, hostile, and continuous for 7 years
- Present evidence such as witness testimony, photographs, surveys, tax receipts, and documentation of improvements
- Meet Arkansas's "preponderance of the evidence" standard of proof
- Obtain a court judgment granting legal title to the property
Following a successful quiet title action, the claimant should record the judgment with the appropriate county recorder's office to establish clear title to the property.
Defending Against Squatters
Arkansas property owners can protect against adverse possession claims by:
- Regularly inspecting property boundaries and the entire property
- Ensuring timely payment of all property taxes
- Posting "No Trespassing" signs around the property perimeter
- Maintaining accurate property surveys and documentation
- Providing written permission for any allowed use of the property
- Taking legal action against unauthorized users before the 7-year statutory period expires
- Documenting property visits and inspections
- Considering a property management service for vacant properties
Any action that interrupts the continuity of possession will restart the 7-year statutory period and prevent an adverse possession claim from maturing.
Removing Squatters
Arkansas provides property owners with several options for removing unauthorized occupants:
- Law Enforcement Assistance: For clear cases of trespassing, property owners can request assistance from law enforcement to remove unauthorized occupants under Arkansas's criminal trespass laws (Arkansas Code § 5-39-203).
- Unlawful Detainer: This is Arkansas's civil process for removing unauthorized occupants:
- File a complaint for unlawful detainer with the circuit court
- The court will issue a summons requiring the occupant to respond within 5 days
- Attend the hearing (typically scheduled within 5-10 days)
- If successful, obtain a writ of possession
- Have the sheriff execute the writ to remove the squatters
- Criminal Eviction: Arkansas is unique in that it has criminal eviction laws (Arkansas Code § 18-16-101) that can be used against squatters in some circumstances, making it the only state with criminal penalties for failure to vacate after proper notice.
Important: While Arkansas has stronger property owner protections than many states, including criminal penalties for failure to vacate, "self-help" evictions such as changing locks, removing doors, or shutting off utilities are still generally prohibited. Property owners should follow legal procedures to remove occupants.
Frequently Asked Questions
How long must someone occupy my property in Arkansas to claim adverse possession?
In Arkansas, the statutory period for adverse possession is 7 years. There are two primary paths: either with color of title and payment of property taxes, or with visible improvements valued at least $100. The "30-day squatter's rights" claim is completely false - no one can gain ownership rights to your property after just 30 days of occupation.
What constitutes "visible improvements" in Arkansas adverse possession law?
Arkansas courts have interpreted "visible improvements" to include substantial changes to the property that would put the true owner on notice of the adverse claim. These can include building structures, installing fencing, clearing and cultivating land, or making other permanent improvements valued at least $100. Minor activities like occasionally mowing grass are generally not sufficient to meet this requirement.
What is "color of title" in Arkansas adverse possession law?
In Arkansas, "color of title" refers to a written document (such as a deed, will, or other instrument) that appears to give the possessor ownership rights to the property but contains some legal defect. Having color of title along with paying property taxes for 7 years can establish adverse possession in Arkansas under Arkansas Code § 18-11-102 and § 18-11-103.
Can I legally remove squatters from my property in Arkansas?
Yes, but you must follow legal procedures. Arkansas provides strong protections for property owners, including criminal trespass laws that can be used to remove squatters immediately in many cases. Arkansas also has both civil (unlawful detainer) and criminal eviction processes, making it unique among states in criminalizing failure to vacate after proper notice. However, "self-help" methods like changing locks or cutting off utilities are still generally prohibited and could result in liability.
Is Arkansas's criminal eviction law still in effect?
Yes, Arkansas is the only state that criminalizes failure to vacate a property after receiving proper notice. Under Arkansas Code § 18-16-101, it is a misdemeanor for a tenant or unauthorized occupant to remain on the property after receiving a 10-day notice to vacate. This law has been controversial but remains in effect, providing property owners with an additional tool for removing squatters that is not available in other states.
Can someone claim adverse possession against government-owned land in Arkansas?
No. Arkansas law specifically exempts land owned by the state of Arkansas, the federal government, counties, cities, and other public entities from adverse possession claims. This protection applies regardless of how long the property has been possessed by an unauthorized occupant.