Imagine leaving your vacant property unattended for a while, only to return and find someone living in it—without your permission. In Alabama, squatters’ rights law and adverse possession make this scenario possible under certain conditions. Adverse possession allows unauthorized occupants to claim legal ownership of a property if they meet strict legal requirements, such as continuous residence for 20 years.
Understanding Alabama’s property laws is crucial for protecting your real estate from illegal occupation. With rising concerns about squatter activity, Alabama lawmakers have been discussing legal reforms to strengthen private property rights and make eviction laws more effective. Let’s go over squatter rights and the rights you have as a property owner against squatters in Alabama.
What Are the Rights of Property Owners Against Squatters in Alabama?
A squatter is an unauthorized occupant who takes up residence in a vacant property without the owner's consent. While squatters lack legal ownership, Alabama law allows them to claim adverse possession under specific conditions. Fortunately, property owners have the right to protect their land and prevent squatters from gaining control. Specifically, they have the:
- Right to secure and protect private property: Owners can lock doors, install security systems, and post "No Trespassing" signs to deter illegal occupation.
- Right to evict unauthorized occupants through legal action: Squatters must go through formal eviction procedures before removal.
- Right to prevent adverse possession claims: Regular inspections, paying property taxes, and filing complaints help safeguard ownership.
Distinguishing Between Trespassers, Squatters, and Holdover Tenants
There is a clear difference between trespassers, squatters, and holdover tenants. Trespassers enter a property illegally but do not attempt to claim ownership. Alternatively, squatters who reside on the property may pursue an adverse possession claim. However, holdover tenants stay beyond the rental lease agreement but are not squatters unless they refuse to leave after eviction proceedings. Property owners must act quickly if a squatter moves in. Ignoring the issue can lead to legal challenges, making it harder to remove unauthorized individuals and prevent adverse possession.
Understanding Adverse Possession Laws in Alabama
Adverse possession is a legal principle that offers a squatter the chance to gain legal ownership of a residential or rental property if they continuously occupy it for a set period. The purpose of adverse possession laws is to ensure land is actively used, preventing neglected residential property from sitting vacant indefinitely.
To claim ownership under Alabama law, a squatter must meet five strict conditions:
- Continuous Possession: Must live on the property uninterrupted for 20 years.
- Exclusive Possession: The squatter must solely occupy the property, not sharing it with others.
- Hostile Possession: Occupation must be without the property owner’s consent or lease agreement.
- Actual Possession: The squatter must physically live on the property and treat it as their own.
- Open & Notorious Possession: The occupation must be visible and obvious to neighbors and passersby.
However, there are exceptions to be mindful of. First, if a squatter pays property tax for 10 consecutive years, the time requirement is reduced from 20 years to 10 years. Additionally, Alabama does not require "color of title," meaning a squatter doesn’t need a faulty or incomplete deed to claim adverse possession.
One of the most common questions that people have as property owners is how long the eviction process takes in Alabama for squatters. Unfortunately, it’s not as clear as you might think.
Related: Squatters Rights Georgia | Key Legal Considerations
How Long Does It Take to Evict a Squatter in Alabama?
Evicting a squatter in Alabama isn’t as simple as changing the locks or just calling the police. Property owners must follow Alabama’s landlord-tenant laws, which require a formal eviction process. Squatters must receive proper legal notice before removal, ensuring their rights are not violated—even if they are illegally occupying private property.
Here’s a step-by-step guide to evicting a squatter in Alabama:
- Issue a 7-Day Eviction Notice: If the squatter refuses to leave, the property owner must serve a formal written notice.
- File an Eviction Lawsuit: If the squatter stays past the 7-day notice period, the owner must file a complaint in court.
- Summons Served by Local Law Enforcement: A sheriff or process server delivers court documents to the squatter.
- Court Hearing & Proof of Ownership: The property owner must prove legal ownership before a judge.
- Writ of Restitution Issued: If the judge rules in favor of the owner, an order is issued to remove the squatter.
- Sheriff-Enforced Removal: If the squatter still refuses to leave, law enforcement forcibly removes them.
How Long Does the Eviction Process Typically Take?
A standard eviction in Alabama takes 2 to 6 weeks, depending on court schedules and law enforcement availability. If the squatter contests the eviction, it can stretch out for months, delaying the property owner’s ability to reclaim their land. However, there are special considerations you should know about as a property owner.
Even if a squatter enters unlawfully, removing them requires a legal eviction. If they damage the property, owners may also pursue compensation through a civil lawsuit. It’s also important to know that ignoring a vacant property can make it harder to remove an unauthorized occupant, reinforcing the need for proactive property management.
If you're a real estate investor or property owner, there are some legal actions you can take against squatters to protect yourself—and, more importantly, your investments.
Related: Squatters Rights in Kentucky: What Landlords Need to Know
What Legal Actions Can Property Owners Take Against Squatters in Alabama?
Squatters may not have legal ownership, but Alabama law still requires property owners to follow proper legal procedures to remove them. Fortunately, there are several legal remedies available to reclaim private property and prevent adverse possession claims.
Here are some of the options property owners have when facing squatters:
- File an eviction lawsuit: Property owners must initiate formal eviction proceedings to remove squatters legally.
- Report trespassing to law enforcement: If a squatter is caught early, local law enforcement can remove them for criminal trespassing before they establish residence.
- Seek an unlawful detainer judgment: In extreme cases where squatters refuse to leave, a property owner can file for an unlawful detainer action, which grants legal authority for removal.
- Prevent future squatting: Securing vacant property, installing security systems, and maintaining regular inspections can deter squatters from attempting to take possession.
What are the Criminal Charges and Penalties for Illegal Squatting?
Fortunately, trespassing is considered a Class C felony in Alabama if a squatter refuses to leave after being served an eviction notice. If a squatter breaks into a rental property, they can face criminal charges, leading to fines or jail cell time. For that reason, property owners should document unauthorized occupation and work with legal counsel and law enforcement to build a case against squatters.
New Law Proposals and Legislative Actions
Recently, there have been some changes to legislation in Alabama that have impacted squatters’ rights. More specifically, State Rep Craig Lipscomb and Gov Kay Ivey have discussed tightening adverse possession laws to protect property owners from squatter-related disputes. Yet, recent Alabama news reports highlight growing concerns over illegal squatters occupying residential properties.
Other states, such as South Carolina and West Virginia, have introduced new squatters laws limiting their protections, signaling a trend toward stricter property laws across the United States. In the future, Alabama might join these states in tightening up their property laws.
Until then, there are some things you can do if you're a property owner to protect your home or investment property from squatters in the area.
Related: Understanding Florida Squatters Rights: Protect Your Property
How to Prevent Squatters from Occupying a Property
Preventing squatters from gaining access to your vacant property is far easier than removing them once they’ve moved in. While Alabama law requires a lengthy eviction process, property owners can take proactive measures to deter illegal occupation and reduce the risk of adverse possession claims.
If you’re a property owner, here are some best practices to follow to protect your real estate investment:
- Conduct Regular Property Inspections: Frequent visits discourage unauthorized individuals from attempting to establish residence.
- Install Security Systems: Surveillance cameras, motion-sensor lights, and alarm systems can deter potential illegal squatters before they move in.
- Post “No Trespassing” Signs: Clearly marked private property signs reinforce that unauthorized occupants are unwelcome.
- Secure All Entry Points: Ensure doors, windows, and gates are locked with heavy-duty security to prevent forced entry.
- Maintain Active Property Management: If a property is vacant for an extended period, hiring a property management company can provide oversight and prevent illegal occupation.
The Role of Property Managers in Preventing Squatters
Many landlords hire property managers to oversee their rental properties and ensure they remain occupied and well-maintained. But how much do property managers make in Alabama? Salaries vary depending on property size and management responsibilities, but effective property managers help protect real estate investments by screening tenants, ensuring timely rent collection, and preventing illegal occupation.
Aside from these best practices and hiring a property manager, there are also steps you should take legally to protect yourself from any adverse possession claims.
Legal Protections Against Adverse Possession Claims
Adverse possession claims can be a challenge, but if you take steps early on, you can preserve your real statement investments and avoid losing your property. Here’s what we recommend:
- Pay Property Taxes on Time: Consistently paying property taxes strengthens your legal ownership and prevents squatters from reducing the adverse possession timeframe from 20 years to 10 years.
- Keep Documentation of Property Maintenance: Regular upkeep, utility records, and maintenance logs serve as evidence that the property is being actively managed, which weakens an adverse possession claim.
- Engage with Property Management Companies: Professionals can oversee vacant rental properties and ensure no unauthorized occupants take possession.
- Report Unauthorized Individuals to Law Enforcement Early: If someone is occupying your private property, reporting them to local law enforcement before they establish long-term residence is crucial.
By taking action early, Alabama property owners can protect their real estate investments and prevent squatters from gaining legal rights under adverse possession laws.
Streamline Your Property Management in Alabama with TenantCloud
As we discussed, Alabama squatters' rights law allows individuals to claim ownership of property under adverse possession laws, but only if they meet strict legal requirements. That’s why acting quickly is crucial if you’re a property manager or owner. The longer an unauthorized occupant stays, the harder it becomes to remove them.
Alabama lawmakers are considering new legislation to curb illegal squatting, which could reshape property laws in the coming years. Staying informed and taking proactive steps now will help property owners protect their real estate investments and avoid the costly consequences of adverse possession claims. In the meantime, investing in your property management is one of the best decisions you can make.
Managing vacant properties, rental agreements, and eviction procedures can be overwhelming. TenantCloud makes property management simple with an all-in-one platform designed to help Alabama landlords stay organized and compliant with Alabama law. With TenantCloud, you can:
- Automate rent collection to ensure timely payments.
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Don’t let squatters put your property ownership at risk. Sign up for TenantCloud’s FREE 14-day trial today and experience stress-free property management!
