Alabama Laws

Alabama Squatter's Rights Guide: 2025 Laws, HB 182, and Property Protection

If a squatter's entry onto the property was unlawful, HB 182 allows property owners to request expedited removal by law enforcement after just 24 hours, potentially preventing the squatter from meeting the continuous residence requirement.

The Landlord Doc

12 Mar 2025 — 13 min read

While Alabama law states that an individual may attempt to gain title and ownership of a property through adverse possession after residing there long-term, this process is significantly impacted by House Bill 182. The new law allows property owners to request expedited removal of squatters by law enforcement after just 24 hours, substantially changing how unauthorized property occupation is handled in the state.

For property owners, understanding Alabama's squatter rights laws is important so that you can protect your investment and prevent potential loss of property through adverse possession claims.

Key Takeaways

Alabama requires squatters to occupy property continuously for 20 years under common law (or 10 years with color of title) before they can file an adverse possession claim
The new HB 182 law (effective June 1, 2024) allows property owners to request removal of squatters by law enforcement after just 24 hours
Squatters must pay property taxes and typically need color of title to make a valid adverse possession claim under the shorter 10-year timeframe
Alabama now imposes criminal penalties for squatting, with potential prison sentences of up to 10 years
Regular property inspections and security measures are the best prevention against squatters
Alabama's approach is now one of the most property-owner friendly in the nation

Even if a squatter remains on the property for the required period, they must also meet strict requirements, including open and notorious possession, exclusive control, payment of property taxes, and, in many cases, having "color of title," before they can initiate a legal claim for adverse possession.

Understanding Alabama Squatter Rights in 2025

In Alabama, squatting itself is not legal, though squatters have historically had certain rights through the doctrine of adverse possession. This legal principle allows individuals who occupy abandoned or neglected property without permission to potentially gain legal ownership after meeting specific conditions over a designated period.

It's important to understand the distinction between squatting and trespassing. While trespassing is a criminal offense that involves entering property without permission, squatting typically involves a person living on a property for an extended period without authorization. The distinction becomes important in how law enforcement can respond to each situation.

With the implementation of HB 182, Alabama has shifted from treating squatting as a purely civil matter to one with definite criminal implications, substantially strengthening property owners' rights.

Alabama Adverse Possession Requirements

Alabama recognizes two distinct types of adverse possession with different requirements:

Adverse Possession by Prescription (Common Law)

For a squatter to claim legal ownership through adverse possession by prescription in Alabama, they must satisfy several stringent requirements known as the "OCEAN" framework:

Open and Notorious: The occupation must be visible and obvious to anyone, including the rightful owner. This prevents hidden or secretive occupation from qualifying for adverse possession.
Continuous: The squatter must occupy the property continuously for 20 years without interruption. Any temporary abandonment resets the clock on the adverse possession claim.
Exclusive: The possession must be exclusive, meaning the squatter cannot share the property with others, including the rightful owner. The squatter must have sole control over the property.
Actual: The squatter must physically occupy the property and treat it as their own. This includes maintaining the property, making improvements, or otherwise demonstrating actual possession.
Hostile: In legal terms, "hostile" does not imply aggression but rather indicates that the occupation is without the owner's permission and against their rights.

Statutory Adverse Possession

Alabama's statutory adverse possession provides an alternative pathway with a shorter timeframe:

Requires only 10 years of continuous possession (instead of 20)
The squatter must have "color of title" - a document that appears to give them ownership but contains a legal defect
They must pay property taxes during the occupation period
They must make improvements to or cultivate the property

Alabama's HB 182: The Game-Changing Squatter Law

On June 1, 2024, House Bill 182 went into effect, representing the most significant change to Alabama's squatting laws in recent history. This legislation fundamentally transformed how unauthorized property occupation is addressed in the state.

Key Provisions of HB 182:

Expedited Removal Process: Property owners can request removal of squatters by local law enforcement after just 24 hours when:
- The individual has unlawfully entered and remains on the property
- The individual has been directed to leave but has refused
- The person is not a current or former tenant involved in a legitimate legal dispute
Criminal Penalties: The law establishes significant penalties for squatting-related activities:
- Squatting is now treated as a felony with potential prison sentences of up to 10 years
- Filing false affidavits of ownership is a Class A misdemeanor punishable by up to a year in jail and fines of up to $6,000
Law Enforcement Role: Local sheriff's offices can now directly remove squatters after verifying the property owner's complaint, eliminating the need for lengthy civil court proceedings.
Protection for Legitimate Tenants: The law explicitly excludes current or former tenants involved in legal disputes from the expedited removal process, preserving tenant protections while addressing unauthorized occupation.

This legislation represents a decisive response to concerns about squatting incidents throughout Alabama. While maintaining the legal concept of adverse possession, the law creates clear pathways for property owners to remove unauthorized occupants without enduring prolonged civil proceedings.

How Alabama's Approach Differs From Other States

Alabama's approach to squatter rights has evolved to become one of the most property-owner friendly in the nation, particularly after the passage of HB 182. Here's how Alabama compares to other states:

Adverse Possession Timeframes

State	Required Occupation Period	Tax Payment Required
Alabama	20 years (10 with deed)	Yes (for 10-year path)
Florida	7 years	Yes
California	5 years	Yes
New York	10 years	No
Texas	10 years (3 with deed)	Yes
Georgia	20 years (7 with deed)	Yes

Enforcement Approaches

Unlike most states that still treat squatting primarily as a civil matter requiring court proceedings, Alabama's HB 182 creates a direct pathway for law enforcement involvement (similar to Florida's HB 621 and Texas's new squatters rights laws). This represents a significant shift toward treating unauthorized occupation as a criminal matter rather than solely a property dispute.

States like California and New York still typically require property owners to go through lengthy eviction processes even for clear cases of squatting. In contrast, Alabama now enables sheriffs to verify ownership claims and remove unauthorized occupants directly after just 24 hours.

Criminal vs. Civil Treatment

Alabama has taken the bold step of establishing clear criminal penalties for squatting activities, with potential prison sentences of up to 10 years. Most other states still primarily address squatting through civil remedies, with criminal charges typically limited to associated activities like breaking and entering or property damage.

How to Prevent Squatters in Alabama Properties

Prevention remains the most effective strategy for property owners. Here are key preventive measures to protect your property from squatters:

Regular Property Inspections

Visit vacant properties regularly or hire a property management company to conduct routine inspections
Document the condition of the property with dated photographs
Maintain landscaping and exterior appearance to show active ownership

Security Systems and Monitoring

Install visible security cameras and alarm systems
Consider smart home security that provides remote monitoring capabilities
Use motion-activated lighting around the property perimeter
Install sturdy locks, security doors, and window reinforcements

Property Maintenance

Keep utilities active but on minimum service levels for vacant properties
Maintain landscaping and exterior appearance
Collect mail regularly or have it forwarded
Schedule timed interior lighting to create the appearance of occupation

Documentation and Signage

Post "No Trespassing" signs prominently on the property
Maintain comprehensive documentation of ownership
Consider filing a "Declaration of Use" with your county property appraiser
Maintain records of all property taxes paid and improvements made

Community Involvement

Inform neighbors about vacant properties and ask them to report suspicious activity
Join neighborhood watch programs
Consider hiring a house-sitting service for extended absences

Professional Management

Retain a property management company for vacant properties
Consider short-term rentals if appropriate for your property
Ensure quick tenant placement to minimize vacancy periods

These preventive measures not only deter potential squatters but also help establish a clear record of active ownership that can prove invaluable if adverse possession claims arise.

Legal Process for Removing Squatters in Alabama

If prevention fails and you discover squatters occupying your property, Alabama's new law provides a streamlined process for removal:

Under the New HB 182 Process:

Document Ownership: Gather proof of property ownership such as deed, property tax records, mortgage statements, or other official documentation.
File a Sworn Affidavit: Submit a detailed affidavit to the local sheriff's office, including:
- Proof of ownership
- Description of the unauthorized occupants
- Statement that the occupants entered unlawfully
- Confirmation that the occupants have been asked to leave but refused
- Verification that the occupants are not current or former tenants in a legal dispute
Law Enforcement Verification: The sheriff's office will verify your ownership claim and determine if the situation qualifies for immediate removal under HB 182.
Removal Notice: If verified, law enforcement will serve notice to the unauthorized occupants requiring them to vacate, typically with a 24-hour timeframe.
Physical Removal: If the squatters fail to vacate, law enforcement can physically remove them from the property.
Secure the Property: Once squatters are removed, immediately secure the property to prevent reoccupation.

Traditional Eviction Process (if HB 182 doesn't apply):

If the situation doesn't qualify for the expedited process under HB 182 (for example, if the occupants were previously authorized tenants), you may need to pursue a traditional eviction:

Serve an Eviction Notice: Provide a written notice to vacate in accordance with Alabama landlord-tenant law.
File an Unlawful Detainer Lawsuit: If they don't leave, file a lawsuit with the county court.
Attend Court Proceedings: Present your case to the judge.
Obtain a Writ of Possession: If successful, the court will issue this document.
Sheriff's Execution: The sheriff will post the writ and return to remove the occupants if they don't leave voluntarily.

The new HB 182 process significantly reduces the time and cost associated with removing unauthorized occupants in qualifying cases, providing substantial benefits to Alabama property owners.

Landlord Rights and Responsibilities

As a property owner in Alabama, you have specific rights and responsibilities regarding squatters:

Rights:

Request removal of unauthorized occupants under HB 182 after 24 hours
Pursue traditional eviction procedures if expedited removal isn't applicable
Seek damages for property destruction or unauthorized modifications
File trespassing charges in appropriate circumstances
Maintain and protect your property from unauthorized entry

Responsibilities:

Follow legal procedures for removal rather than attempting "self-help" evictions
Distinguish between squatters and legitimate tenants with legal disputes
Properly document ownership and unauthorized occupation
Pay appropriate fees for sheriff's services when utilizing HB 182 procedures
Secure property after removal to prevent reoccupation
Store abandoned personal property for at least 14 days after the occupants have been removed

Understanding these rights and responsibilities helps ensure that you address squatter situations legally and effectively while avoiding potential liability for improper removal procedures.

Tenant vs. Squatter: Legal Distinctions

It's crucial to understand the legal difference between a tenant and a squatter, as the removal processes differ significantly:

Tenants:

Have lawful permission to occupy the property through a formal or informal agreement
Pay rent (though may be behind on payments)
Have established rights under Alabama landlord-tenant laws
Must be removed through formal eviction proceedings, not the HB 182 process
Include former tenants whose leases have expired but continue to occupy the property

Squatters:

Never had lawful permission to occupy the property
Entered the property without authorization
Pay no rent and have no rental agreement
Can potentially be removed through the expedited HB 182 process
Have no legitimate claim to tenancy rights

Key Distinctions in Documentation:

Tenants have lease agreements, rent receipts, or evidence of payment
Squatters typically cannot produce legitimate documentation of occupancy rights
Property owners should maintain records that clearly establish who is authorized to occupy their properties

Properly identifying whether an occupant is a tenant or squatter is essential for determining the appropriate legal process for removal and avoiding potential legal complications.

Legal Help for Alabama Property Owners

Navigating squatter situations may require professional legal assistance. Here are resources for Alabama property owners:

Types of Legal Professionals:

Real Estate Attorneys: Specialize in property law and can guide you through removal processes
Property Management Companies: Often have legal departments experienced in handling unauthorized occupants
Eviction Services: Specialized companies that manage the eviction process for a fee

Cost Expectations:

Legal consultation: $200-500 per hour
Unlawful detainer filing: $300-500 plus court costs
Complete eviction services: $1,000-2,500 depending on complexity
Sheriff's fees for HB 182 enforcement: Varies by county

Timeline Considerations:

HB 182 process: As quick as 24-48 hours after verification
Traditional eviction: 3-6 weeks depending on court scheduling and tenant response
Adverse possession defense: Several months if litigation is required

Resources and Referrals:

Alabama State Bar Association Referral Service
County Property Appraiser's Office
Local Sheriff's Office
Alabama Department of Revenue (for adverse possession filings)

Consulting with a qualified attorney early in the process can help prevent costly mistakes and ensure you follow the proper legal procedures for your specific situation.

Case Studies: Alabama Squatter Situations Resolved

Case 1: Vacation Home in Gulf Shores

Situation: Michael and Sarah owned a beach house in Gulf Shores that they visited quarterly. During a three-month absence, they discovered someone had moved in, changed the locks, and claimed to have a lease (which was fraudulent).

Resolution: Using the new HB 182 process, they filed a sworn affidavit with the Baldwin County Sheriff's Office, providing their deed and tax records as proof of ownership. After verification, the sheriff served notice to the squatters, who vacated within 24 hours rather than face criminal charges.

Lesson: Regular property checks might have prevented the occupation, but the new law enabled quick resolution without court proceedings.

Case 2: Inherited Property in Birmingham

Situation: David inherited a property from his grandmother but delayed visiting for six months while handling estate matters. When he finally visited, he found a family living there who claimed they had been there for over a year and were working toward adverse possession.

Resolution: David hired an attorney who determined the occupation had been less than the required statutory period. They discovered the occupants had not paid property taxes or filed the required adverse possession paperwork. Using documentation from the probate court and tax records, they followed the HB 182 process, resulting in the squatters' removal by the Jefferson County Sheriff's Office.

Lesson: Prompt attention to inherited properties and documentation of ownership transitions are essential to prevent squatter claims.

Case 3: Investment Property in Huntsville

Situation: A property investment company purchased a foreclosed home and planned renovations. Before work began, squatters occupied the property and refused to leave, causing significant damage.

Resolution: The company documented the recent purchase with closing documents and property records. They filed a criminal complaint based on the property damage, triggering both the HB 182 removal process and criminal charges against the squatters. The squatters were removed and subsequently faced felony charges under the new law.

Lesson: Immediate action and documentation of property damage strengthened the case and resulted in both removal and potential criminal consequences for the squatters.

These cases illustrate how Alabama's new approach to squatter removal has provided property owners with more efficient remedies while still maintaining legal processes that protect legitimate tenants.

Frequently Asked Questions

General Squatter Rights Questions

Q: What are squatter's rights in Alabama? A: Squatter's rights refer to adverse possession laws that potentially allow someone to claim ownership of property after occupying it openly, continuously, and without permission for 20 years (or 10 years under statutory adverse possession with color of title) while meeting specific legal requirements.

Q: Is squatting illegal in Alabama? A: Yes, unauthorized occupation of property is illegal in Alabama. The new HB 182 law establishes clear criminal penalties for squatting activities, with potential prison sentences of up to 10 years.

Q: How long does someone have to squat on property in Alabama to claim ownership? A: In Alabama, a squatter must continuously occupy a property for 20 years under common law adverse possession, or 10 years if they have color of title, pay property taxes, and meet other statutory requirements.

Q: Do squatters have to pay property taxes in Alabama? A: Yes, for the shorter 10-year statutory adverse possession claim. To make a valid adverse possession claim under this shorter timeframe, squatters must pay all property taxes during their occupation period.

Prevention and Removal

Q: How can I prevent squatters from occupying my property? A: Regular property inspections, security systems, property maintenance, "No Trespassing" signs, and professional property management are effective prevention strategies.

Q: How do I remove squatters from my property in Alabama? A: Under HB 182, property owners can file a sworn affidavit with the local sheriff's office for removal after 24 hours if the occupants entered unlawfully and have refused to leave. If this doesn't apply, traditional eviction procedures must be followed.

Q: Can I physically remove squatters myself? A: No. Self-help evictions are illegal in Alabama. Property owners must use legal processes, either through HB 182 or formal eviction procedures, to remove unauthorized occupants.

Q: Can I turn off utilities to force squatters to leave? A: No. Turning off utilities is considered a self-help eviction tactic and is illegal in Alabama. This could potentially expose you to legal liability.

Legal Implications

Q: What is the new law in Alabama about squatters (HB 182)? A: HB 182, effective June 1, 2024, allows for expedited removal of squatters by law enforcement after 24 hours and establishes criminal penalties for unauthorized occupation of residential property.

Q: How does Alabama's approach to squatters differ from other states? A: Alabama's 20-year requirement (or 10 years with color of title) is longer than some states (like California's 5 years) but its new law is more property-owner friendly than most states by establishing criminal penalties and a 24-hour expedited removal process.

Q: What's the difference between a squatter and a trespasser? A: Trespassing is a temporary unauthorized entry, while squatting involves sustained occupation of a property. Trespassing is immediately addressed as a criminal matter, while squatting has historically been treated as a civil issue (though this is changing under HB 182).

Q: Can squatters be charged with a crime in Alabama? A: Yes. Under HB 182, squatters can face criminal charges with potential prison sentences of up to 10 years.

Special Situations

Q: What if the squatter was previously a tenant? A: If the occupant was previously a legitimate tenant, they must be removed through traditional eviction procedures rather than the expedited HB 182 process.

Q: What if I'm buying a property with squatters already living there? A: The purchase should be contingent on the removal of unauthorized occupants. The current owner should complete the removal process before closing, or you should consult with an attorney about assuming this responsibility.

Q: What if squatters damage my property? A: Document all damage with photographs and detailed descriptions. Under HB 182, causing property damage can result in additional criminal charges. You may also pursue civil remedies for financial compensation.

Q: What properties are most likely to attract squatters? A: Vacant, abandoned, or foreclosed properties are most vulnerable, particularly those that appear unmonitored or neglected. Vacation homes and investment properties that sit empty for extended periods are also at higher risk.

Conclusion

Alabama's approach to squatter's rights has evolved significantly, with House Bill 182 representing a transformation that strengthens property owners' rights while maintaining the historical legal doctrine of adverse possession under strictly defined circumstances.

The long timeframe for adverse possession claims (20 years under common law or 10 years with color of title under statutory law) remains in place, but the new criminal penalties and expedited 24-hour removal processes make successful adverse possession significantly more challenging to achieve. Property owners now have greater certainty and more efficient remedies against unauthorized occupation.

For property owners, the keys to protecting your investment include:

Regular monitoring and maintenance of properties
Prompt action if unauthorized occupants are discovered
Following legal procedures rather than self-help eviction measures
Maintaining comprehensive documentation of ownership and property conditions
Considering professional property management for vacant properties

By understanding Alabama's squatter rights laws and taking preventive measures, property owners can significantly reduce their risk of unauthorized occupation and potential adverse possession claims.

Resources and References

Disclaimer: This article provides general information and does not constitute legal advice. Consult with a qualified attorney for guidance on your specific situation.