Squatters Rights in Alabama: Everything You Need to Know
In Alabama and elsewhere, a “squatter” is an individual who occupies property without the express and lawful permission of its rightful owner.
Written by Matt Terzi
Edited by R.E. Fulton
Table of Contents
- Who’s considered a squatter in Alabama?
- Adverse possession laws in Alabama
- Does Alabama honor color of title claims?
- How property owners can protect themselves from squatters
- FAQs
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Squatters can claim legal ownership of a property in Alabama after occupying it for 20 years and paying property taxes for at least 10 of those years.
- Alabama’s adverse possession laws are more rigid than many other states.
- Squatters cannot make an adverse possession claim without paying property taxes for at least 10 consecutive years or 20 years in total.
- Alabama’s adverse possession laws are more rigid than many other states.
- Squatters cannot make an adverse possession claim without paying property taxes for at least 10 consecutive years or 20 years in total.
Who’s considered a squatter in Alabama?
In Alabama, as in other states, the term “squatter” refers to an individual who occupies property without legal title to the property and without the legal owner’s express permission.
Squatting vs. trespassing vs. holdover tenants
Alabama’s adverse possession law (Alabama Code Section 6-5-200)
doesn't really define the terms “squatter” or “trespasser” specifically, so let’s define them here for the sake of simplicity.Trespasser: someone who enters someone’s property without permission or otherwise unlawfully. They’re asked not to enter that property (verbally or with a sign), but they enter regardless.
Squatter: someone who is occupying property they don’t own and keeping it habitable. They’re improving and investing in the property, doing repairs, and may even be paying the mortgage, the rent, taxes, etc.
Holdover tenant: someone who remains in a rental property after their lease has expired. Even though their legal agreement has expired, they’re paying rent and their landlord or property manager is accepting the money.
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Adverse possession laws in Alabama
In order to claim ownership of a property under Alabama’s adverse possession laws, a squatter must:
- Occupy the property for at least 20 years
or
- Pay taxes on the property for at least 10 years
But becoming the true owner of any real property requires more than waiting out the adverse possession period. Alabama state law places further requirements on squatters who want to take possession of the land they live on.
Hostile possession
What it means: The squatter cannot have the owner’s permission to live on the property.
What it looks like: “Hostile” usually means something like “aggressive” or “violent,” but in legal terms, hostile possession can apply to squatters who don’t realize they’re trespassing as much as those who knowingly move onto property they don’t own. Tenants duped by a real estate scam could be said to have hostile possession of the property.
Actual possession
What it means: The squatter lives on and maintains the property.
What it looks like: To show actual possession, a squatter can’t just state a verbal claim to the land—they need to live there, take care of routine repairs, mow the lawn, etc.
Open and notorious possession
What it means: The squatter can’t occupy the property in secret.
What it looks like: The neighbors see the squatter coming and going. The mailman passing by can clearly see that the squatter is living there.
Exclusive possession
What it means: A large group of itinerant squatters can’t share the property and make a claim to legal rights to the property.
What it looks like: One tenant or family must live on and maintain the property, including paying taxes, for the whole period of time required by law.
Continuous possession
What it means: The squatter must maintain their good faith ownership and maintenance of the property for 20 uninterrupted years.
What it looks like: Anyone who wants to make a claim of adverse possession must continue to meet all of the adverse possession requirements listed above for the full 20 years.
Key Takeaway For a squatter to claim adverse possession, they’ll need to actively and openly live on the property and take care of its upkeep for 20 years, or just 10 years if they’ve paid the property taxes for all ten of those years.
Does Alabama honor color of title claims?
“Color of title” is a phrase that pops up frequently when discussing squatter laws, in Alabama or elsewhere.
In Alabama and many other states, a squatter may be entitled to “color of title,” meaning their lack of paperwork won’t disqualify them from a potential adverse possession.
If a squatter can prove they’ve been paying taxes on the property for 10 consecutive years, the term of their possession can be shortened from 20 to 10 years.
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How property owners can protect themselves from squatters
Here are some of the ways you can protect your property from squatters:
- Visit the property regularly: Inspect the grounds looking for signs of trespassing and squatting.
- Protect the property with locks and an alarm system: It’s expensive, but installing locks and an alarm system will go a long way toward preventing break-ins and vagrancy.
- Pay your property taxes: Adverse possession claims frequently boil down to who is paying the property taxes. If you’re taking care of it yourself regularly and promptly, you have nothing to worry about.
- Post no trespassing signs around the property: Make sure they’re in clearly visible areas likely to experience foot traffic.
If you do find squatters on your property: Immediately give them a written notice stating you own the property and asking them to leave. Post the notice on the property as well, at eye level on doors so it’s easy to see and difficult to deny having seen it.
If the squatters still won’t leave: Contact local law enforcement for help. Do not threaten legal action against the squatters, cut utilities, or attempt to remove them with force. If necessary, you may need to contact a lawyer and file an unlawful detainer suit to start the eviction process.
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FAQs
How long can squatters stay in Alabama?
Technically, a squatter can stay on a property so long that they end up taking ownership of the property. But that takes 20 years, or 10 years if they can prove they’ve paid taxes on the property for those 10 years consecutively.
Do squatters have to pay property taxes in Alabama?
Yes, they do. For squatters to claim adverse possession, they need to prove active possession, and paying property taxes is a part of that. The squatters need to pay 10 years’ worth of taxes in a 20-year period or just 10 years of taxes consecutively.
Is it illegal to squat in a home?
Squatter laws in Alabama don’t specifically say it’s illegal to squat in a home, and there’s a fine line between someone illegally trespassing and someone squatting. But technically no, it’s not illegal to squat in a home. If you see a notice on a vacant property that asks you not to trespass and you enter the property anyway, you’re a trespasser.
How long can squatters stay in Alabama?
Technically, a squatter can stay on a property so long that they end up taking ownership of the property. But that takes 20 years, or 10 years if they can prove they’ve paid taxes on the property for those 10 years consecutively.
Do squatters have to pay property taxes in Alabama?
Yes, they do. For squatters to claim adverse possession, they need to prove active possession, and paying property taxes is a part of that. The squatters need to pay 10 years’ worth of taxes in a 20-year period or just 10 years of taxes consecutively.
Is it illegal to squat in a home?
Squatter laws in Alabama don’t specifically say it’s illegal to squat in a home, and there’s a fine line between someone illegally trespassing and someone squatting. But technically no, it’s not illegal to squat in a home. If you see a notice on a vacant property that asks you not to trespass and you enter the property anyway, you’re a trespasser.
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