Squatter Laws in Alabama: Here’s What You Need to Know
Property owners should take the time to learn about squatter laws in Alabama and how to legally get rid of squatters when they do show up.
Written by Matt Terzi
Reviewed by Melanie Reiff
In
Alabama
, squatters trespassing on your property can claim legal ownership of that property under certain conditions, making it vital for property owners to learn about squatter laws before they end up in a messy legal quagmire.We’ve all seen the “Hollywood version” of a squatter, right? Someone moves in but then refuses to leave, claiming “squatter’s rights” in an effort to seize permanent ownership of the property.
This concept of squatter’s rights is partially true. Squatters can, in fact, win a court case and claim ownership of a property. But don’t let movies and TV shows scare you. Squatters aren’t going to take over your home while you’re away on vacation for a couple of weeks.
This guide from the
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will explain squatter laws in Alabama, walking you through “adverse possession” laws so you can legally protect yourself and your property. So let’s get started!Let Jerry find you the best homeowners insurance policy for your needs
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Who’s considered a squatter in Alabama?
In Alabama and elsewhere, a “squatter” is an individual who occupies property without the express and lawful permission of its rightful owner. And in many cases, squatters may not even realize they’re doing that; they might have reason to believe they have a legal right to be there.
Squatters tend to live in abandoned or otherwise unoccupied properties. This might be a vacation home that’s rarely (if ever) used, a home left in a will to someone who hasn’t done anything with it, or properties foreclosed on but never processed or sold.
All fifty states give squatters varying degrees of legal protection and mostly in slightly different ways. Alabama is among the minority of states that make it difficult for squatters to take ownership of a property, but it’s still possible.
Squatting vs. trespassing vs. holdover tenants
So how is a squatter any different from a trespasser?
Alabama’s adverse possession law
doesn't really define the terms “squatter” or “trespasser” specifically, so let’s define them here for the sake of simplicity.Simply put, a trespasser is 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.
A squatter is someone who is occupying your property 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. Your name is on the deed, but the squatter is doing all the heavy lifting in terms of actually caring for the property.
You may have heard the phrase “holdover tenant,” too. A holdover tenant is someone who remains on the premises after their lease has expired, but they’re paying rent and their landlord is accepting the money. In this instance, they’re considered a tenant at will.
Adverse possession laws in Alabama
For a squatter to lay claim to someone’s property in Alabama using adverse possession laws, they need to fulfill a long list of criteria.
First and foremost, it takes a very long time to claim adverse possession in Alabama. We’re talking 20 years. Two whole decades. A squatter needs to pay taxes for ten of those years, too.
Here are the requirements most states look at when it comes to adverse possession, and what Alabama says about each.
Hostile possession
“Hostile possession” sounds like a bunch of people show up with guns and swords and take over your property. In reality, it just refers to how the squatter came to occupy the space.
Hostile possession means someone knows they’re trespassing, but it can also apply to squatters making a “good faith” occupation—they don’t realize their presence is unlawful or they’ve been duped by a con artist into thinking they have a right to be there (it’s more common than you might think).
Active possession
For a squatter to utilize adverse possession, they need to also have active possession, or active control, over the property. This means they’re not only living on the property, but they’re treating it as if they owned it. They’re taking care of routine repairs, mowing the lawn, etc.
Open and notorious possession
Squatters need to occupy the property openly and obviously. Their possession can’t be done in secret. It has to be obvious to someone visiting the property that the squatter is actively using—and has active control of—that property. Someone couldn’t live in a secret room inside your home and then claim adverse possession later.
Exclusive possession
In most cases, large groups of squatters can’t occupy a property together and then be recognized as having a good claim of adverse possession. Exclusive possession needs to be maintained for at least ten years for the squatters to qualify for adverse possession.
Continuous possession
In Alabama, a squatter will need to maintain their possession of the property for a staggeringly long time—20 years—and that possession has to be continuous and uninterrupted. They’ll be liable for any taxes due on the property during that time, too.
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.
A squatter didn’t buy the property they were occupying. They don’t have a deed or other paperwork showing their ownership. But 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 ten consecutive years, the term of their possession can be shortened from 20 to 10 years.
How to protect yourself from squatters
Alabama doesn’t offer squatters some of the same legal protections they enjoy in other states, but you still need to take some steps to protect yourself and your property. Here are some of the ways you can protect your property from squatters:
- Visit the property regularly, and 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, in clearly visible areas likely to experience foot traffic. This prevents squatters from claiming they didn’t know they weren’t welcome on the property.
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 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 have them evicted from the property.
How to find affordable home and car insurance in Alabama
If someone gets injured on your property, even if they’re not supposed to be there, they can sue you for damages. That’s just one of the countless reasons why having a good homeowners insurance policy is so incredibly important, even on a property you aren’t actively or frequently using.
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How long can squatters stay in Alabama?
Technically, a squatter can stay on your property so long that they end up taking its ownership from you. But that takes twenty years, or ten years if they can prove they’ve paid taxes on the property for those ten years consecutively.
If you encounter squatters earlier than ten to twenty years, you can take steps to have them evicted. Squatter laws in Alabama favor property owners, whereas in some states those laws favor squatters.
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 ten years’ worth of taxes in a twenty-year period or just ten 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 that asks you not to trespass and you enter the property anyway, you’re a trespasser.
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