Alabama Squatters Rights and Adverse Possession Laws (2026)

Alabama's 10-year adverse possession period under Ala. Code § 6-5-200 is open only to a claimant who also holds recorded color of title, a 10-year tax-listing history, or title by descent or devise. An occupant with none of those must rely on adverse possession by prescription, which Alabama courts require to run for 20 years. Since June 1, 2024, Ala. Code §§ 35-9B-1 through 35-9B-9 (Act 2024-237, HB 182) let law enforcement remove a squatter from a dwelling on the owner's sworn affidavit, without a formal eviction action.

Information last verified on May 27, 2026. This article provides general legal information, not legal advice.

Jurisdiction scope: This article covers Alabama state law only. For a national overview, see the national squatters rights guide.

Adverse Possession in Alabama: Period and Elements

Under Ala. Code § 6-5-200, a person can acquire legal title to real property through adverse possession after 10 uninterrupted years of qualifying possession, but only if one of the three conditions in subsection (a) is also met. Alabama courts require the claimant to prove five elements, each for the full statutory period: the possession must be (1) actual, meaning the claimant physically uses the land; (2) open and visible, so that a reasonable owner inspecting the property would notice the occupation; (3) notorious, meaning the use is consistent with how an owner would use similar land; (4) hostile, meaning the claimant holds the land without the owner's permission and under a claim of right; and (5) exclusive and continuous for the entire period without abandonment.

Alabama has two routes to title by adverse possession, and they run on different clocks. Statutory adverse possession under § 6-5-200 runs 10 years, but subsection (a) does not let that period run on possession alone: the claimant must also show a deed or other color of title recorded in the probate office for 10 years, annual listing of the land for taxation for 10 years, or title acquired by descent cast or devise from a predecessor who was in possession. Color of title and tax listing do not shorten the period below 10 years; one of the three has to be present.

The second route is the common-law doctrine of adverse possession by prescription, which imposes no color-of-title or tax-listing requirement but a much longer clock. In EBSCO Industries, Inc. v. Ballard, SC-2024-0678 (Ala. June 6, 2025), the Alabama Supreme Court restated the standard: "Because this case concerns adverse possession by prescription, the Ballard parties were required to prove that their possession of the disputed parcel was 'actual, exclusive, open, notorious and hostile ... under a claim of right for a period of twenty years.'" That case decided ownership of a 5.5-acre tract, which is the point often missed: prescription confers title to land, not merely a non-possessory interest such as an easement. An occupant with no recorded deed, no tax-listing history, and no inherited title is therefore looking at 20 years, not 10. The court also noted that the presumption favors the record owner and that a heavy burden of proof rests on the person claiming by adverse possession.

How to Remove a Squatter in Alabama

Law-enforcement removal under Ala. Code §§ 35-9B-1 to 35-9B-9 (Act 2024-237, HB 182, effective June 1, 2024)

Act 2024-237 created a fast-track removal procedure for squatters. Section 35-9B-9(a) defines a squatter as a person occupying a dwelling who is not entitled to occupy it under a lease or rental agreement and is not authorized by a tenant to occupy it, and it excludes a tenant holding over in a periodic tenancy under § 35-9A-441. Section 35-9B-9(b) excludes squatter occupancy from Chapters 9 and 9A, so removal does not require an eviction action under those chapters.

The process has fixed steps. First, the owner or the owner's agent must give notice at the dwelling, by hand delivery or by posting on the front door or entrance, telling the occupant that he or she has no right to the dwelling and must vacate immediately, and the notice must state the address of the law enforcement agency where the affidavit will be delivered (§ 35-9B-2(c)).

Second, the owner submits a sworn affidavit to a law enforcement agency in the county where the dwelling is located. Section 35-9B-2(a) requires seven elements: that the affiant is the owner or the owner's agent; that an individual has entered and is remaining unlawfully in the dwelling; that the individual was not authorized to enter or remain; that the individual is not a tenant as defined in § 35-9A-141 or a holdover tenant; that the affiant already asked the individual to vacate and the individual did not; that the individual is not an immediate family member of the property owner; and that there is no pending litigation about the dwelling between the owner and the individual. Section 35-9B-4 makes a knowingly false affidavit prosecutable as false reporting to law enforcement authorities under § 13A-10-9.

Third, under § 35-9B-3(a), the agency must verify that the affiant is the record owner or authorized agent and appears otherwise entitled to relief, and then, after at least 24 hours from receipt of the affidavit, serve a notice to immediately vacate on the occupant by hand delivery or by posting it on the front door or entrance. Officers must also attempt to verify the identities of everyone occupying the dwelling and note them on the return of service, and may arrest an occupant for trespass, burglary, theft, another criminal act, or an outstanding warrant. The agency may charge a processing fee of no more than $50 (§ 35-9B-3(b)).

The procedure carries real exposure for the owner. Under § 35-9B-6, a person wrongly removed may sue the affiant, have possession of the dwelling restored, and recover actual costs and damages, punitive damages of triple the fair market rent of the dwelling, court costs, and reasonable attorney fees. Officers and agencies acting in good faith are shielded by § 35-9B-5. Utilities are addressed separately: § 35-9B-7 lets a utility rely on or require a writ of possession under Chapter 9 or 9A when deciding whether to discontinue service, so the affidavit route does not by itself cut off utility service.

Standard unlawful detainer and ejectment (Title 35)

When the occupant was once a tenant or claims any tenancy right, the owner must use the court-based process. Under Alabama's residential landlord-tenant statute, Ala. Code § 35-9A-421 requires the landlord to deliver a written notice to terminate the lease that sets a termination date not less than seven business days after the tenant receives it. That same seven-business-day notice applies both to material noncompliance with the rental agreement, under subsection (a), and to unpaid rent, under subsection (b). The landlord then files an unlawful detainer complaint in the district court of the county where the property is located. If the court finds for the landlord, it issues a writ of possession, and the sheriff executes the writ. For occupants with no colorable tenancy claim and for properties outside the Uniform Residential Landlord and Tenant Act (Title 35, ch. 9A), Alabama Code Title 6 provides an ejectment action as an alternative remedy.

No self-help removal

Alabama law prohibits self-help eviction. A property owner who forcibly removes an occupant, cuts off utilities, or removes the occupant's belongings without court authority or the § 35-9B process may face a civil lawsuit. When in doubt, consult a lawyer licensed in Alabama before taking any removal action.

Disclaimer: This article provides general legal information about Alabama squatters rights and adverse possession law. It is not legal advice and does not create an attorney-client relationship. Laws can change, and individual facts matter. Consult a lawyer licensed in Alabama for advice about your specific situation. Information verified May 2026.

Sources

The statutes cited in this article are Ala. Code § 6-5-200 (adverse possession), Ala. Code §§ 35-9B-1 through 35-9B-9 (removal of an unauthorized individual from a dwelling, enacted by Act 2024-237, HB 182, effective June 1, 2024), and Ala. Code § 35-9A-421 (landlord's notice to terminate). All are available through the Alabama Legislature's official portal at alison.legislature.state.al.us. The 20-year prescription standard is quoted from EBSCO Industries, Inc. v. Ballard, SC-2024-0678 (Ala. June 6, 2025), published by the Alabama Appellate Courts.

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Last updated: May 27, 2026. Statutes cited reflect their in-force version as of May 27, 2026.

More Alabama Laws

• Alabama Landlord-Tenant Laws

Frequently Asked Questions

How long does a squatter have to stay in Alabama to claim ownership?

Ten years is the statutory period under Ala. Code § 6-5-200, but that section is open only to a claimant who also has a deed or other color of title recorded for 10 years, has listed the land for taxation annually for 10 years, or took title by descent or devise from a possessing predecessor. An occupant with none of those must rely on adverse possession by prescription, which requires possession that is 'actual, exclusive, open, notorious and hostile ... under a claim of right for a period of twenty years' (EBSCO Industries, Inc. v. Ballard, SC-2024-0678 (Ala. June 6, 2025)). Under either route, possession must be actual, open, notorious, hostile, exclusive, and continuous, and any interruption restarts the clock.

Does paying property taxes help a squatter's adverse possession claim in Alabama?

Tax payment doesn't shorten the 10-year period, but under Ala. Code § 6-5-200(a) it is one of three alternative ways to satisfy the statute: annually listing the land for taxation for the full 10 years, holding recorded color of title for the full 10 years, or taking title by descent or devise from a predecessor who was in possession. A claimant with neither recorded color of title nor a qualifying tax-listing history does not satisfy this section and is left with the 20-year prescription route.

What did Alabama HB 182 change for property owners?

HB 182 became Act 2024-237, effective June 1, 2024, and is codified at Ala. Code §§ 35-9B-1 through 35-9B-9. It allows a property owner to have a squatter removed by law enforcement using a sworn affidavit, without filing a court eviction case. Section 35-9B-9(b) excludes squatter occupancy from the Chapter 9 and 9A eviction process that applies to tenants.

Can a landlord use the § 35-9B affidavit process to remove a former tenant who stopped paying rent?

No. The chapter applies only to squatters, defined in Ala. Code § 35-9B-9(a) as occupants who are not entitled to occupy the dwelling under a lease or rental agreement and are not authorized by a tenant to occupy it. The definition expressly excludes a tenant holding over in a periodic tenancy under § 35-9A-441, so a holdover tenant must be removed through the standard unlawful detainer process under Title 35, ch. 9A.

How does a property owner prove someone is a squatter under Ala. Code § 35-9B-2?

The owner first posts or hand-delivers a notice at the dwelling telling the occupant to vacate immediately, then submits a sworn affidavit to a law enforcement agency in the county. Section 35-9B-2(a) requires seven statements: that the affiant is the owner or agent; that someone entered and is remaining unlawfully; that the person was not authorized to enter or remain; that the person is not a tenant or holdover tenant; that the affiant already asked the person to vacate and was refused; that the person is not an immediate family member of the owner; and that no litigation about the dwelling is pending between them. Under § 35-9B-3(a), the agency verifies record ownership and, at least 24 hours after receiving the affidavit, serves a notice to immediately vacate. A knowingly false affidavit can be prosecuted as false reporting under § 13A-10-9.

What happens if the affidavit process is used against someone who was not a squatter?

Ala. Code § 35-9B-6 gives the removed person a civil action against the affiant. A person harmed by a wrongful removal may have possession of the dwelling restored and may recover actual costs and damages, punitive damages of triple the fair market rent of the dwelling, court costs, and reasonable attorney fees. Law enforcement officers and agencies acting in good faith are shielded under § 35-9B-5, so the exposure falls on the person who swore the affidavit.

Can a squatter in Alabama use color of title to shorten the adverse possession period?

No, color of title doesn't shorten the period below 10 years, but it is one of the ways to satisfy Ala. Code § 6-5-200(a). A claimant who holds a deed or other color of title recorded for the full 10 years meets the statute on that basis; the same 10-year length applies whether the claimant qualifies through recorded color of title, through annual tax listing, or by descent or devise from a possessing predecessor.

What is the difference between an unlawful detainer and an ejectment action in Alabama?

An unlawful detainer action under Title 35, ch. 9A is the standard residential landlord-tenant eviction and is faster. An ejectment action under Title 6 is a broader real-property remedy used when no landlord-tenant relationship exists or when title itself is disputed.