Did you know that in Alabama, “trespassers” have the occasional right to become the legal owners of your property? To prevent losing their real estate, owners in Alabama need to be aware of squatters’ rights.
The phrases “adverse possession” and “squatters’ rights” are interchangeable and refer to situations in which a person occupying a vacant property may not be the owner but yet acquires ownership via continuous possession.
I’ll cover all you need to know about adverse possession laws in this article so you can defend your land from a lawsuit of this kind.
Who Are Squatters?
A squatter is a person who resides on land without the owner’s consent or legal ownership. They frequently settle into forlorn, deserted, or neglected properties. Squatters may occupy a space for a few weeks or years at a time, or they may do so temporarily. The term “squatter” may evoke negative associations, but it’s important to remember that not all squatters are evil.
A squatter is someone who, after years of ownership and several generations of family inheritance, discovers that the title belongs to someone else, even though they believed they were the rightful owners of the property. Alabama has rules against squatting that safeguard property owners’ and landlords’ rights while also unjustly preventing evictions of lawful tenants.
Who Isn’t a Squatter?
Not all people who occupy a property without authorization are considered squatters. Tenants who have past due rent, for example, are not considered squatters. Instead, they are “holdover tenants,” or former occupants with no legal claim to the property. In the same way, those who are trespassers are not squatters. Squatters genuinely occupy and reside on the vacant property, whereas criminal trespassers invade your private property without permission.
What Are Squatter’s Rights/Adverse Possession?
Squatters’ rights, also known as adverse possession, are extensive legal doctrines that allow squatters to acquire ownership of a plot of land through extended possession, even in the absence of the owner’s permission. Even though Alabama’s squatter laws may seem archaic in the modern day, the idea behind adverse possession was to incentivize profitable land usage and discourage property neglect.
While state laws and legal precedents dictate some of the conditions to claim adverse possession, there is no federal legislation specifically governing squatter’s rights or adverse possession.
Alabama Squatter Rights:
In Alabama, an individual squatter seeking to establish adverse possession must fulfill one of the subsequent conditions:
- Take up residence on the land for a continuous 20 years.
- For a minimum of ten years, both occupy the property and pay property taxes.
- Additionally, squatters must meet the following five requirements:
- Adverse or hostile: The squatter cannot have a current lease or rental contract with the owner.
- Actual: The squatter needs to have occupied the land for a specific period.
- Prominent and visible—The squatter’s ownership of the land is readily apparent to nearby residents and other observers. They are not attempting to live there “in secret” or cover their tracks.
- Exclusive: The squatter is the only one with ownership of the property. They keep others from residing there in the same manner as the owner.
- Continuous: Alabama’s adverse possession rules mandate that squatters must maintain continuous and undisturbed land possession for 10 to 20 years.
In Alabama, How Does a Squatter File for Adverse Possession?
A squatter may submit a claim for adverse possession or initiate an action to “quiet title” if they have complied with both the Alabama squatter’s rights standards and the broader squatters’ rights principles mentioned above. The legal action to assert ownership and possession of a specific piece of property is known as a quiet title.
However, keep in mind that squatters may not be successful in their claims simply because they are asserting their rights in Alabama. Gaining a favorable outcome in an adverse possession lawsuit is fraught with difficulties. In Alabama, for example, squatters must satisfy the following requirements:
- Assemble a wealth of evidence to support their claim, such as property tax receipts, correspondence addressed to the property in their name, proof that they have “beautified” the property, etc.;
- Submit to the court a quiet title complaint;
- Accompany you to a court hearing where they will present their adverse possession case;
- Successfully persuade a judge that they have met all the conditions set forth by the state for adverse possession;
- To perfect the title, obtain a judgment for adverse possession;
A squatter bears a heavy burden of proof while attempting to establish possession of your property. It’s an extremely complicated process that frequently necessitates the squatter having resided on your property for a long time and hiring legal counsel. Your involvement in a squatter scenario is unlikely to result in a successful action, leading to a silent title.
Alabama Squatter Removal Procedure:
The entire eviction procedure is required to remove a squatter, as per Alabama’s squatting regulations and those of practically every other state. By treating the squatter like any other renter, you can prevent any Alabama adverse possession claim from being invalid. If you discover that someone is squattering on your property, you must give them due notice, file a formal eviction complaint with the court, and appear in person or have your lawyer appear at the hearing to evict the squatter legally.
This is a summary of Alabama’s squatter eviction procedure:
- A formal notice of eviction must be sent by the owner. For any infractions in Alabama, the landlord is required to give a seven-day notice of eviction. Unless there are serious infractions, the tenant can avoid being evicted by paying their rent or making amends within the allotted seven days.
- The landlord may file an eviction complaint in the Alabama District Court or Circuit Court if the squatter refuses to vacate after the allotted seven days have expired.
- A court summons will be issued by the court, and the squatter must receive it from the sheriff or another authorized process server.
- To provide the judge with proof of their legitimate ownership of the property, the landlord must be at the hearing.
- Seven days after the court’s confirmation of ownership, the sheriff will be able to force the squatter to leave by issuing a writ of restitution.
How to Keep Squatters Out of Your Unoccupied Alabama Property
Here are some useful pointers to keep squatters out of your vacant property:
- Maintain a regular check-up on your property.
- During times of vacancy, present your property as occupied.
- Install sufficient illumination and security measures to prevent unwanted access.
- Use strong locks and barriers to secure all windows, doors, and access points.
- Place signs warning people not to enter the property.
- Urge your neighbors to report any shady dealings.
- To supervise and maintain the property, think about working with a property management business.
- Maintaining usage of the property, even if it’s just temporarily, can help deter squatting.
To boost patrols and respond to trespassing, cultivate a positive connection with local enforcement, and inform them of the property’s vacant status.
In Summary:
We hope that this article has improved your knowledge of Alabama’s laws about adverse possession and squatters’ rights. When it comes to knowing the laws governing the ownership and possession of property, knowledge is power. It’s important to remember, though, that adverse possession laws often don’t apply. It is uncommon for property neglect to the point that a squatter may remain undetected for the necessary amount of time, highlighting the significance of alertness and preemptive actions in defending property rights.
