Squatters’ rights and adverse possession in Arkansas catch many landlords off guard but pose serious threats. Imagine a stranger moving into a vacant Little Rock apartment, changing the locks, and claiming the right to stay. Weeks, or even months, might pass before they can be removed.
Fortunately, landlords can easily protect themselves and their properties by staying informed. In this guide, we’re going over Arkansas squatters’ rights laws, adverse possession timelines, and prevention tips. Keep reading to learn how to legally and safely stop squatters before the situation spirals out of control.
What is a squatter?
A squatter is someone who occupies a property without permission or ownership rights. Squatters don’t sign a lease agreement or hold a legal tenancy. As a result, squatters aren’t entitled to tenant rights, but they can gain some protections after an extended unauthorized occupancy.
Picture someone moving into a vacant Bentonville duplex, bringing furniture, and refusing the owner’s requests to leave. They qualify as a squatter because no lease exists, no rent is paid, and the owner never gave the person permission to occupy the property, lawfully or otherwise.
Key Differences Between Squatters and Trespassers
Landlords must understand the difference between squatters and trespassers, as each requires a different legal response.
Squatters
- Occupy a property for an extended period without the owner’s consent
- Try to establish the right to occupancy or even property ownership over time
- Require a formal eviction instead of on-the-spot removal
Trespassers
- Enter a property without permission, but leave shortly after
- Do not attempt to claim occupancy or ownership
- Law enforcement can remove trespassers immediately in most cases
In short, squatters stay longer and can only be removed via eviction, while trespassers pass through briefly and usually face immediate removal by police.
What are squatters’ rights?
Squatters’ rights are the legal principles that can provide certain protections to unauthorized occupants. Squatters’ rights in Arkansas do not grant automatic ownership, but these laws delay the process of removing unauthorized residents. You can learn more at TurboTenant’s guide to squatters’ rights.
In Arkansas, squatters’ rights mean landlords must act immediately against unauthorized occupants to avoid lengthy delays. The longer a squatter stays, the stronger their position becomes, so landlords who fail to take action may face property damage and an even more difficult eviction process.
Can a squatter actually claim legal rights to a property?
Even though it sounds unfathomable, squatters can actually claim legal rights to property in Arkansas under specific conditions. The process requires strict proof and lengthy possession timelines, so landlords who secure their properties and act quickly can stop squatters long before they gain traction.
Adverse Possession Laws in Arkansas
Adverse possession gives a squatter a legal route to gain property ownership by meeting strict statutory requirements. The law places the burden of proof on the squatter, so they must be able to prove beyond a doubt that their residence fulfills the conditions for adverse possession.
For a squatter to achieve adverse possession in Arkansas, their occupancy must be:
Actual: The squatter must use the property as an owner would, such as by living there, maintaining the structure, or making material improvements.
Open and notorious: The squatter must occupy the property visibly and without concealment so that the original owner could reasonably notice.
Hostile: The squatter must live on the property without the owner’s consent or a lease agreement.
Exclusive: The squatter must control the property alone, without sharing possession with the owner, other squatters, or tenants.
Uninterrupted: The squatter must maintain ownership of the property for at least 7 continuous years, without abandonment or eviction.
Supporting law: Ark. Code Ann. § 18-11-106
Occupancy Time Requirements for Adverse Possession
To claim adverse possession in Arkansas, a squatter must occupy the property continuously for at least 7 years. Any gap in possession, such as a successful eviction or extended absence, restarts the timeline. Arkansas courts require completely uninterrupted ownership for the full 7 years.
For example, a squatter who stays in a vacant Jonesboro home for 3 years, leaves for several months, and returns cannot successfully claim adverse possession. Even if they stayed for 4 more years after returning, the earlier break in possession would disqualify their claim.
Supporting law: Ark. Code Ann. § 18-11-106
Does a squatter need a color of title in Arkansas?
Color of title refers to a written document that appears to grant ownership but contains a legal defect. For example, a squatter may have a flawed deed from a prior owner that describes an entirely different property.
Arkansas law requires squatters to hold color of title for 7 years to successfully claim adverse possession. Without a qualifying written instrument and continuous tax payments (which we’ll get to in a moment), the court would reject an adverse possession claim.
Supporting law: Ark. Code Ann. § 18-11-106
Does the squatter have to pay property taxes for adverse possession in Arkansas?
As in many states, Arkansas requires that squatters pay property taxes to pursue adverse possession claims. Squatters must pay taxes for the entire duration of their residency, in addition to holding color of title and maintaining uninterrupted, hostile, open, actual, and exclusive possession.
Paying property taxes does not reduce the 7-year occupancy requirement in Arkansas. Landlords who stay current on their tax payments can easily defeat adverse possession claims and avoid situations like liens and foreclosures.
Supporting law: Ark. Code Ann. § 18-11-106
How to Legally Remove Squatters from Your Property
To remove a squatter in Arkansas, you’ll have to follow specific legal steps and act quickly. Doing so will help protect you and your property.
Step 1: Attempt to Convince The Squatter to Leave Willingly
If it’s safe to do so, direct negotiation with the squatter might be the fastest way to resolve the matter, helping you avoid drawn-out eviction proceedings. You could offer relocation assistance, decide on a clear move-out date, or use a cash-for-keys agreement to convince the squatter to leave voluntarily.
Important: Never attempt self-help methods, such as turning off utilities or changing locks. Self-help evictions are illegal nationwide and can lead to fines, criminal charges, or a dismissed eviction case.
Step 2: Get in Touch With Local Law Enforcement
Another option is to contact local law enforcement and ask them to visit the property and speak with the occupant. Officers may determine that the person is a trespasser rather than a squatter, and if so, they can remove them immediately and restore possession to you.
Step 3: Serve the Squatter a 3-Day Notice to Vacate
If law enforcement can’t legally remove your uninvited occupant, then you have to evict the squatter as if they were a tenant. Under Arkansas law, you’ll start by serving a 3-Day Notice to Vacate, which gives the squatter notice to leave before you can begin legal proceedings.
Step 4: File an Unlawful Detainer Complaint Against the Squatter
If the notice deadline passes and the squatter hasn’t left, file an Unlawful Detainer Complaint in the county circuit court for your rental property. This formally initiates the Arkansas eviction process and sets a court hearing date to determine property ownership.
Step 5: Present Your Case in Front of a Judge
When your court date arrives, bring strong evidence to strengthen your case. You can establish ownership and the squatter’s unlawful residence with strong documentation, like:
- Deed or title records with your name on them
- Photos or videos of the squatter on your property
- Witness statements from neighbors, contractors, or law enforcement
- Written records of prior attempts to communicate with the squatter
The squatter also has time to present their own evidence, such as a color of title, property tax payment records, or proof of long-term possession. The judge will review all evidence carefully, so clear evidence is crucial to secure an outcome in your favor.
Step 6: Obtain a Writ of Possession Authorizing Removal of the Squatter
If the judge sides with you, the court will enter a Judgment for Possession. This document allows the court to then issue a Writ of Possession, which directs the local sheriff to remove the squatter from the property and restore possession to you.
After the Writ of Possession has been issued, the sheriff must serve the squatter, who typically has 5 days to file a written objection. Make sure to maintain service records and keep a close eye on the proceedings to ensure everything goes smoothly.
Step 7: Coordinate Removal of the Squatter With Local Law Enforcement
The Writ of Possession grants law enforcement the authority to physically remove the squatter from your property. If the squatter leaves behind any personal belongings, it’s best practice to store the items for a reasonable period of time and give notice before disposal.
Secure your property as soon as the squatter departs. You should change the locks, post No Trespassing signs, and plan regular inspections to avoid further issues.
Now that you know how to remove squatters, let’s go over some practical tips to prevent squatters from occupying your rentals.
Tips for Preventing Squatters from Occupying Your Property
The best way to stop squatters is to prevent unauthorized occupancy from day one. Simple, proactive steps like these reduce the risk of future squatting issues:
Inspect the property regularly: Schedule routine walk-throughs to spot unauthorized entry early. This discourages squatters and allows you to stay ahead of any unlawful residents.
Install security cameras: Post visible, functioning cameras at entry points and common areas to deter squatters. Recorded footage can also serve as evidence in the event of an ownership dispute.
Act quickly against trespassers: If you notice any signs of unauthorized entry, contact law enforcement immediately to prevent short-term trespassing from escalating into squatting.
Secure all entry points: Lock all doors and windows, reinforce any other access points, and repair broken hardware quickly. Squatters often target properties with visible signs of neglect and easy access.
Maintain the property: Schedule regular yard work, routine property maintenance, and repairs. A well-cared-for home signals active ownership, reducing the chance that someone will attempt to gain entry.
Fill vacancies quickly: Advertise your rental property promptly to minimize vacancies and limit squatters’ opportunities to move in.
Screen future tenants thoroughly: Verify potential renters’ income, rental history, and background details to avoid problem occupants. A reliable tenant screening service can help you reduce future disputes.
Strong prevention habits protect your investment and save time. With these strategies in place, let’s move on to some final steps to keep your Arkansas properties safe.
Digital Tools to Help Landlords Thwart Squatters
Property owners can confidently manage squatters’ rights and adverse possession in Arkansas with the right information, fast action, and proactive property management.
Using reliable property management software, such as TurboTenant, helps landlords track vacancies, screen tenants, and reduce the risk of squatters before disputes escalate.
Create your free account today to protect your rentals and simplify property management using TurboTenant.
FAQs: Squatters’ Rights & Adverse Possession Laws in Arkansas
How long does it take a squatter to claim property rights in Arkansas?
In Arkansas, a squatter must occupy a property continuously for 7 years to successfully claim adverse possession. The squatter must also hold a color of title and pay property taxes for all 7 years. Any absence or eviction resets the timeline, defeating the adverse possession claim.
Can landlords remove squatters legally without taking legal action?
Landlords can remove squatters without court action only if law enforcement classifies the person as a trespasser. Once a squatter establishes occupancy and claims the right to stay, however, landlords have to follow the formal eviction process and obtain a Writ of Possession for removal.
What’s the difference between a squatter and a holdover tenant?
A squatter enters and occupies a property without permission or a valid lease agreement. Meanwhile, a holdover tenant originally legally rented the property but remains after the lease expires. Holdover tenants retain limited tenant rights, while squatters generally do not. However, both require formal eviction.
Can a landlord turn off power or change locks to remove a squatter?
No. Utility shutoffs and lock changes qualify as self-help evictions, which are illegal in Arkansas and across the U.S. These actions can lead to fines, lawsuits, or eviction delays, so landlords must pursue the legal eviction process to remove squatters successfully.