In Alabama, squatters have no legal right to stay in a home they occupy without permission, and since 2024 a property owner can have them removed by filing a sworn affidavit with local law enforcement instead of going through civil court.1Alabama Legislature. Alabama Code 35-9B-2 – Request for the Removal of an Unauthorized Individual From a Dwelling; Affidavit and Notice A squatter can, however, eventually claim legal ownership through adverse possession after 10 or 20 years of continuous occupation, depending on how their claim is structured. Understanding both sides, the fast removal tool and the long clock running in the background, is what Alabama squatters’ rights really come down to for a property owner.
The 2024 Affidavit Removal Process
Alabama’s anti-squatter statute, codified as Title 35, Chapter 9B, created a direct route for owners dealing with unauthorized occupants in a dwelling.2Justia. Alabama Code Title 35 Chapter 9B – Squatting The property owner, or an authorized agent, signs an affidavit stating that the person occupying the home has no legal right to be there and submits it to the local law enforcement agency. Officers verify that the person filing is the record owner, serve notice on the occupant, and can then remove them.1Alabama Legislature. Alabama Code 35-9B-2 – Request for the Removal of an Unauthorized Individual From a Dwelling; Affidavit and Notice
The statute cuts in both directions. Filing a false affidavit carries penalties under Section 35-9B-4, and a person who is wrongfully removed can sue under Section 35-9B-6.2Justia. Alabama Code Title 35 Chapter 9B – Squatting Officers acting in good faith are shielded from liability under Section 35-9B-5.
Two limits are worth noting before you rely on this process. It applies to dwellings only, so vacant land and commercial buildings are outside its reach. And it cannot be used to remove a current or former tenant. Anyone who had a lease, verbal rental agreement, or any landlord-tenant relationship with you has to be removed through standard eviction, no matter how clearly their right to be there has ended.
When the Affidavit Won’t Work: Court Actions
For non-dwelling properties or more complicated situations, Alabama offers three different civil actions. Picking the wrong one costs time, so the distinction matters.
Forcible entry and detainer applies when the occupant got in by force, meaning they broke locks, pried open windows, or used threats. Alabama Code Section 6-6-310 defines this as entry by “force or strong hand” or by “exciting fear or terror.”3Alabama Legislature. Alabama Code 6-6-310 – Definitions You file in the district court of the county where the property sits.
Ejectment is usually the correct action for a squatter who entered without force and never had any tenant relationship with you. It is filed in circuit court and resolves both who gets possession and who holds title, which makes it the right choice when a stranger occupies your land or a neighbor’s structure crosses your boundary line. These cases move more slowly than district court matters but produce a definitive ruling on ownership.
Unlawful detainer is often misunderstood. It applies only when someone entered lawfully as a tenant and refused to leave after the tenancy ended.3Alabama Legislature. Alabama Code 6-6-310 – Definitions If the person on your property was never your tenant, unlawful detainer is the wrong filing. When it does apply, the defendant has seven days after service to file a written answer, and failure to respond opens the door to a default judgment.
Whichever action you file, winning produces a writ of possession directing the county sheriff to remove the occupant. The sheriff gives a final notice and then physically clears the property, generally about a week to ten days after the writ issues.
Criminal Trespass Charges
A squatter’s presence can also trigger criminal charges, with the degree depending on the property.
- First-degree criminal trespass under Section 13A-7-2 covers entering or remaining in a dwelling without permission. It is a Class A misdemeanor, punishable by up to one year in jail and a fine of up to $6,000.4Alabama Judicial System. Alabama Code 13A-7-2 – Criminal Trespass First Degree5Alabama Legislature. Alabama Code 13A-5-7 – Sentences of Imprisonment for Misdemeanors and Violations6Alabama Legislature. Alabama Code 13A-5-12 – Fines for Misdemeanors and Violations
- Second-degree criminal trespass under Section 13A-7-3 covers entering or remaining in a building or on fenced property designed to keep people out. It is a Class C misdemeanor carrying up to three months in jail and a fine of up to $500.7Alabama Legislature. Alabama Code 13A-7-3 – Criminal Trespass in the Second Degree5Alabama Legislature. Alabama Code 13A-5-7 – Sentences of Imprisonment for Misdemeanors and Violations6Alabama Legislature. Alabama Code 13A-5-12 – Fines for Misdemeanors and Violations
- Third-degree criminal trespass under Section 13A-7-4 covers entering or remaining on any premises without permission. It is classified as a violation and carries up to 30 days in jail.8Alabama Legislature. Alabama Code 13A-7-4 – Criminal Trespass in the Third Degree5Alabama Legislature. Alabama Code 13A-5-7 – Sentences of Imprisonment for Misdemeanors and Violations
In practice, officers sometimes treat squatter calls as civil disputes and decline to arrest, especially when the occupant claims a lease or permission. The Chapter 9B affidavit process was designed in part to close that gap: once you have filed, officers have express statutory authority to remove the person and make trespass arrests.
How a Squatter Can Eventually Claim Title
Alabama recognizes two routes by which a long-term squatter can take legal ownership of land. The timeline depends on which route they fit.
The 10-Year Statutory Path
Under Alabama Code Section 6-5-200, a squatter can seek title after 10 years if they meet at least one of three conditions: they hold a recorded deed or color of title (a document that appears to transfer ownership even if it is legally defective) that has been on file with the county probate office for 10 years; they have annually listed the land for taxation in the proper county for 10 years; or they inherited the claim from someone already in possession.9Alabama Legislature. Alabama Code 6-5-200 – When Title to Land Conferred or Defeated; When Claim May Be Defended or Prosecuted; Construction of Section These are alternatives, not a checklist.
The 20-Year Prescriptive Path
Adverse possession by prescription requires no deed and no tax payments. A squatter who openly occupies land for 20 continuous years can claim ownership on the strength of the possession alone. This is the version most people picture when they hear “squatters’ rights,” though the longer clock makes it much harder to achieve.
What a Squatter Has to Prove
Either path requires five elements, continuously, for the entire 10 or 20 years. A gap in any one of them resets the claim.
- Actual possession: physically using the land the way an owner would, by living there, farming, or operating a business.
- Exclusive possession: controlling the property alone, not sharing it with the public or the true owner.
- Open and notorious use: occupation visible enough that a reasonable owner inspecting the land would notice.
- Hostile occupation: being there without the owner’s permission. “Hostile” doesn’t require ill intent; it means no agreement authorizes the stay.
- Continuous possession: remaining on the property without significant interruption for the full statutory period.
Courts expect clear evidence on every element, and the burden sits heavily on the person claiming adverse possession because a successful claim strips title from the recorded owner. The key supporting records are the recorded deed or color of title from the county probate court and tax listing histories from the county revenue commissioner or tax assessor.9Alabama Legislature. Alabama Code 6-5-200 – When Title to Land Conferred or Defeated; When Claim May Be Defended or Prosecuted; Construction of Section Utility bills, improvement receipts, and maintenance records can corroborate continuous possession but don’t substitute for the statutory requirements. From the owner’s side, the same records work in reverse: evidence that you paid taxes, inspected the land, or communicated with the occupant can destroy the claim.
Property That Cannot Be Claimed
Government land is off limits. Federal, state, county, and municipal property, including public roads, schools, and parks, cannot be taken through adverse possession no matter how long someone occupies it. The sovereign immunity doctrine stops the statutory clock from running against government entities.
What to Do If You Find Someone on Your Property
Active ownership is the strongest protection. Inspect vacant property regularly even if you have no immediate plans for it. Post no-trespassing signs on unoccupied land, since visible warnings undercut any later claim that the occupation was open and notorious while you were unaware. Keep property taxes current, because the tax record creates an ongoing paper trail of your ownership.
If you discover a squatter, move quickly. For a dwelling, file the Chapter 9B affidavit with local law enforcement and let officers handle the removal.1Alabama Legislature. Alabama Code 35-9B-2 – Request for the Removal of an Unauthorized Individual From a Dwelling; Affidavit and Notice For other property, document the intrusion, identify the right civil action, and file. Every day you wait is a day the squatter adds to their timeline. The 10-year and 20-year clocks only matter if you let them run.