Alabama
Alabama Squatters Rights and Adverse Possession Laws (2026)
Independently fact-checked against primary sources (last audited August 18, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 18, 2026. · 2 primary sources cited on this page. How we verify our legal content
Alabama requires 10 years of continuous adverse possession before a squatter can claim legal title under Ala. Code § 6-5-200. Since June 1, 2024, Alabama HB 182 lets law enforcement remove squatters from residential property 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. 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 10-year period without abandonment.
Alabama recognizes both statutory adverse possession under § 6-5-200 and the older common-law doctrine of prescriptive easement for non-possessory interests, but the 10-year period applies to both. Ala. Code § 6-5-200(a) does not let the 10-year period run on possession alone; the claimant must also show one of three things for the full 10 years: a recorded deed or other color of title, annual tax listing of the land, or title by descent or devise from a predecessor who was in possession. Color of title and tax payment do not shorten the period below 10 years, but one of them (or descent/devise) has to be present.
How to Remove a Squatter in Alabama
HB 182 law-enforcement removal (effective June 1, 2024)
Alabama HB 182 created a fast-track removal procedure specifically for squatters, defined as persons who occupy residential property without any lease, without the owner's authorization, and who are not current or holdover tenants. Under HB 182, the property owner submits a sworn affidavit to the local law enforcement agency stating that the occupant is a squatter as defined by the Act. Law enforcement may then remove the squatter from the property without first obtaining a court eviction order. The squatter is not entitled to the notice periods or court hearing that Title 35 ch. 9 and ch. 9A provide to tenants. If the occupant claims to have a lease or tenancy right, law enforcement may require the owner and occupant to resolve that dispute through the court process before removing the occupant.
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. Alabama's residential eviction statute (Title 35, ch. 9A) requires the landlord to serve written notice (7 days for nonpayment of rent; 30 days for lease violations), then file 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 HB 182 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) and Alabama HB 182 (Act 2024-258, effective June 1, 2024); both are available through the Alabama Legislature's official portal at alison.legislature.state.al.us, with the Title 35 landlord-tenant provisions mirrored at law.justia.com.
Return to the national squatters rights guide
Last updated: May 27, 2026. Statutes cited reflect their in-force version as of May 27, 2026.
More Alabama Laws
Frequently Asked Questions
How long does a squatter have to stay in Alabama to claim ownership?
A squatter must maintain actual, open, notorious, hostile, exclusive, and continuous possession of the property for 10 years before filing an adverse possession claim under Ala. Code § 6-5-200. Any interruption in possession 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.
What did Alabama HB 182 change for property owners?
HB 182, effective June 1, 2024, allows property owners to have squatters removed by law enforcement using a sworn affidavit, without filing a court eviction case. Squatters are excluded from the notice and hearing protections that apply to tenants under Title 35.
Can a landlord use HB 182 to remove a former tenant who stopped paying rent?
No. HB 182 applies only to squatters, defined as occupants who never had a lease or owner authorization. A holdover tenant (someone who once had a lease) 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 HB 182?
The owner submits a sworn affidavit to the local law enforcement agency stating that the occupant entered without authorization, has no lease, and is not a current or former authorized tenant. Law enforcement then determines whether removal is appropriate.
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.
Updates
Replaced a dead Cornell LII citation for Alabama Code Title 35 with a working Justia mirror covering the same chapters.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Corrected the description of Ala. Code § 6-5-200's 10-year adverse possession period: the statute requires the claimant to show recorded color of title, annual tax listing, or descent/devise from a possessing predecessor, not bare possession with no such condition.
Governing law re-checked for recent changes
Reviewed and approved by an editor
Sources and References
- Ala. Code § 6-5-200 – Adverse Possession(alison.legislature.state.al.us).gov
- Alabama HB 182 (Act 2024-258), effective June 1, 2024(alison.legislature.state.al.us).gov
- Alabama Code Title 35 – Property (Landlord-Tenant, Ch. 9 and 9A)(law.justia.com)