Arkansas Squatter's Rights Guide: 2025 Laws, Act 238, and Property Protection

A squatter is someone who occupies a property without the owner's permission and sometimes even claims legal ownership. In Arkansas, this issue has gained significant attention with the implementation of Act 238 (House Bill 1049) in 2025, which substantially changed how unauthorized property occupation is handled in the state.

For property owners, understanding Arkansas's squatter rights laws is vital to protect your investment and prevent potential loss of property through adverse possession claims.

Key Takeaways

• Arkansas requires squatters to occupy property continuously for 7 years for unimproved land or 15 years for wild land before they can file an adverse possession claim
• The new Act 238 law (effective March 4, 2025) criminalizes unlawful squatting and allows for faster removal of unauthorized occupants
• Squatters must pay property taxes and typically need color of title to make a valid adverse possession claim in Arkansas
• Arkansas now imposes criminal penalties for squatting, moving it from a purely civil matter to one with potential criminal implications
• Regular property inspections and security measures are the best prevention against squatters
• Arkansas's approach is now significantly more favorable to property owners than many other states

While Arkansas law states that an individual may attempt to gain title and ownership of a property through adverse possession after residing there long-term for seven years (unimproved land) or fifteen years (wild land), this process is significantly impacted by Act 238.

If a squatter's entry onto the property was unlawful, the new law allows property owners to request expedited removal through criminal complaints, potentially preventing the squatter from meeting the continuous residence requirement.

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

Understanding Arkansas Squatter Rights

In Arkansas, squatting itself is now illegal under Act 238, 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 Act 238, Arkansas has shifted from treating squatting as a purely civil matter to one with definite criminal implications, substantially strengthening property owners' rights.

Fun Fact: This is a far cry from Arizona's current squatters rights laws which allow squatters to potentially take legal possession of your property in as little as two (2) years!

Arkansas Adverse Possession Requirements

For a squatter to claim legal ownership through adverse possession in Arkansas, 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. The squatter must live openly as if they were the rightful owner.

Continuous

The squatter must occupy the property continuously for 7 years (unimproved land) or 15 years (wild land) 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. Simply claiming the property without physical occupation is insufficient.

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. This can include situations where the squatter honestly believes they have a right to the property due to a misunderstanding or error.

Beyond these five fundamental requirements, Arkansas law imposes additional conditions:

• The squatter must pay all property taxes for the property during the entire statutory period
• They must make improvements to, cultivate, or protect the property
• In many successful cases, they must have a "color of title" - a document that appears to give them ownership but contains a legal defect

Arkansas's Act 238: The Game-Changing Squatter Law

On March 4, 2025, Arkansas enacted Act 238 (HB1049), representing the most significant change to Arkansas's squatting laws in recent history. This legislation fundamentally transformed how unauthorized property occupation is addressed in the state, putting it in alignment with other states – such as Texas, Florida and Alabama – that have passed similar, stricture laws.

Key Provisions of Act 238:

• Criminalization of Squatting: The law establishes unlawful squatting as a criminal offense rather than merely a civil matter
• Law Enforcement Role: Local law enforcement can now address squatting situations directly as criminal matters, eliminating the previous limitations that often required property owners to pursue lengthy civil proceedings
• Expedited Removal Process: Property owners have clearer pathways to removing unauthorized occupants through criminal complaints
• Protection for Legitimate Tenants: The law maintains distinctions between unauthorized squatters and legitimate tenants with legal disputes, preserving tenant protections while addressing unauthorized occupation

This legislation represents a decisive response to increasing concerns about squatting incidents throughout Arkansas. While maintaining the legal concept of adverse possession, the law creates clear pathways for property owners to remove unauthorized occupants through criminal proceedings rather than solely through civil remedies.

How Arkansas's Approach Differs From Other States

Arkansas's approach to squatter rights has evolved to become one of the more property-owner friendly in the nation, particularly after the passage of Act 238. Here's how Arkansas compares to other states:

Adverse Possession Timeframes

Enforcement Approaches

Unlike many states that still treat squatting primarily as a civil matter requiring court proceedings, Arkansas's Act 238 creates a direct pathway for criminal law enforcement involvement. 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, Arkansas now enables law enforcement to address squatting as a criminal offense in many cases.

Criminal vs. Civil Treatment

Arkansas has taken the bold step of establishing clear criminal penalties for squatting activities. 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.

Legislative Trends

Following Arkansas's lead, several states including Texas, Georgia, and Alabama are considering or have already implemented similar legislation to streamline the removal of unauthorized occupants and establish stronger criminal penalties. Arkansas appears to be part of a national trend toward strengthening property owners' rights against squatters.

The differences highlight Arkansas's commitment to protecting property rights through a multi-faceted approach that combines traditional adverse possession doctrine with enhanced enforcement mechanisms and criminal deterrents.

How to Prevent Squatters in Arkansas 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 property ownership 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 Arkansas

If prevention fails and you discover squatters occupying your property, Arkansas's new law provides more options for removal:

Under the New Act 238 Process:

1. Document Ownership: Gather proof of property ownership such as deed, property tax records, mortgage statements, or other official documentation.
2. Contact Law Enforcement: Under the new criminal squatting statute, contact local police to report the unauthorized occupation as a criminal matter. Provide your ownership documentation and explain the situation.
3. Criminal Complaint: If law enforcement confirms the situation qualifies as unlawful squatting under Act 238, they may be able to issue criminal charges and remove the squatters through criminal procedures.
4. Secure the Property: Once squatters are removed, immediately secure the property to prevent reoccupation.

Traditional Eviction Process (if criminal process is not applicable):

1. Serve an Eviction Notice: Provide a written notice to vacate in accordance with Arkansas landlord-tenant law, which may be a:
   • Three-day notice (for civil nonpayment)
   • Ten-day notice (for criminal nonpayment)
   • Fourteen-day notice (for other violations)
   • Immediate unconditional notice (for illegal activities)
2. File a Forcible Detainer Action: If they don't leave, file a complaint with the Arkansas District or Circuit Court.
3. Court Issues Notice: The court will issue and serve a "Notice of Intent to Issue Writ of Possession" to the squatter.
4. Squatter Response Period: The squatter has 5-10 days to file a written objection ("answer") to this complaint.
5. Court Hearing: If the squatter files an answer, a court hearing will be scheduled where both parties must appear. If they don't file an answer, you receive a writ of possession by default.
6. Writ of Possession: Following a successful judgment, the court will issue a writ of possession within three days.
7. Sheriff Removal: Only the county sheriff has jurisdiction to execute this writ. The squatters will typically receive 24 hours' notice before forcible removal.

The new Act 238 process significantly reduces the time and cost associated with removing unauthorized occupants in qualifying cases, providing substantial benefits to Arkansas property owners.

Landlord Rights and Responsibilities

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

Rights:

• Pursue criminal complaints against squatters under Act 238
• Request law enforcement assistance for unauthorized occupants
• Pursue traditional eviction procedures if criminal process 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 court and sheriff's services when utilized
• Secure property after removal to prevent reoccupation

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 Arkansas landlord-tenant laws
• Must be removed through formal eviction proceedings, not the criminal 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 criminal process under Act 238
• 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 Arkansas Property Owners

Navigating squatter situations may require professional legal assistance. Here are resources for Arkansas 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: $150-400 per hour
• Unlawful detainer filing: $200-400 plus court costs
• Complete eviction services: $800-2,000 depending on complexity
• Sheriff's fees for writ enforcement: Varies by county

Timeline Considerations:

• Criminal process under Act 238: Potentially faster than civil proceedings
• Traditional eviction: 3-6 weeks depending on court scheduling and occupant response
• Adverse possession defense: Several months if litigation is required

Resources and Referrals:

• Arkansas Bar Association Referral Service
• County Property Assessor's Office
• Local Sheriff's Office
• Arkansas 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: Arkansas Squatter Situations Resolved

Case 1: Vacation Home in Hot Springs

Situation: Michael owned a vacation home in Hot Springs that he visited quarterly. During a three-month absence, he discovered someone had moved in, changed the locks, and claimed to have purchased the property (with fraudulent documents).

Resolution: Using the new Act 238 provisions, Michael filed a criminal complaint with the local police department, providing his deed and tax records as proof of ownership. After verification, law enforcement charged the squatters with unlawful squatting and removed them from the property without requiring a lengthy civil court process.

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

Case 2: Inherited Property in Little Rock

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

Resolution: Emily hired an attorney who determined the occupation had been less than the required seven years. They discovered the occupants had not paid property taxes or filed any adverse possession paperwork. Using documentation from the probate court and tax records, they filed a criminal complaint under Act 238, resulting in the squatters' removal by local law enforcement.

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

Case 3: Investment Property in Fayetteville

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

Resolution: The company documented the recent purchase with closing documents and property records. They filed both a criminal complaint based on the new squatting law and documented the property damage. Law enforcement removed the squatters and they faced criminal charges under Act 238.

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 Arkansas'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 Arkansas? 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 seven years (unimproved land) or fifteen years (wild land) while meeting specific legal requirements.

Q: Is squatting illegal in Arkansas? A: Yes, under Act 238 of 2025, unauthorized occupation of property (squatting) is now criminalized in Arkansas, establishing it as an illegal activity rather than just a civil matter.

Q: How long does someone have to squat on property in Arkansas to claim ownership? A: In Arkansas, a squatter must continuously occupy unimproved property for seven years or wild land for fifteen years before they can file an adverse possession claim. They must also meet several other requirements, including paying property taxes.

Q: Do squatters have to pay property taxes in Arkansas? A: Yes. To make a valid adverse possession claim in Arkansas, 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 Arkansas? A: Under Act 238, property owners can file a criminal complaint with local law enforcement for removal if the occupants entered unlawfully. 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 Arkansas. Property owners must use legal processes, either through Act 238 criminal complaints 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 Arkansas. This could potentially expose you to legal liability.

Legal Implications

Q: What is the new law in Arkansas about squatters (Act 238)? A: Act 238, effective March 4, 2025, criminalizes unlawful squatting and allows for criminal penalties and expedited removal of unauthorized occupants from residential property.

Q: How does Arkansas's approach to squatters differ from other states? A: Arkansas's 7-year requirement (for unimproved land) is longer than some states (like California's 5 years) but shorter than others (like Georgia's 20 years). Arkansas's new law is more property-owner friendly than most states by establishing criminal penalties and enabling law enforcement involvement.

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 Act 238).

Q: Can squatters be charged with a crime in Arkansas? A: Yes. Under Act 238, squatters can now face criminal charges for unlawful squatting, significantly changing how these situations are handled in the state.

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 criminal process under Act 238.

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 Arkansas law, you may pursue both criminal charges and 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

Arkansas's approach to squatter's rights has evolved significantly, with Act 238 representing a transformation that strengthens property owners' rights while maintaining the historical legal doctrine of adverse possession under strictly defined circumstances.

The seven-year timeframe for adverse possession claims remains in place for unimproved land (fifteen years for wild land), but the new criminal penalties and law enforcement involvement 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 Arkansas'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

• Arkansas Statutes § 18-11-106: Adverse Possession
• Arkansas Act 238 (2025): Criminalizing Unlawful Squatting
• Local Sheriff's Offices: Act 238 Enforcement Procedures

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