Can I just remove a squatter myself without going through court?

No—you need to go through proper eviction proceedings in Montgomery's District or Circuit Court. Removing them yourself could expose you to liability, and it won't establish the legal record you need if they later claim adverse possession. Always file formally.

What if the squatter claims they have a verbal agreement with me?

A verbal agreement is permission, which breaks any adverse possession claim. However, this becomes a "he said, she said" situation in court. Document everything going forward—if you ever gave permission, your chances of adverse possession being upheld drop to zero, but you'll need to prove it.

Does paying property taxes on someone else's land help a squatter's claim?

Yes, significantly. If a squatter pays property taxes on your Montgomery property for several years, it strengthens their adverse possession claim because it shows they're treating it as their own. This is one reason you should monitor your tax records and property account activity.

Squatters Rights in Montgomery, Alabama

The Squatter's Rights Myth That Could Cost You

Here's the thing: most people believe that if someone lives in your property long enough without permission, they automatically gain legal ownership through something called "squatter's rights." They've heard stories about adverse possession claims and think it's basically a free pass to steal real estate. But that's not how it works in Montgomery, Alabama—or anywhere else, really. What people are actually confusing is adverse possession, which is a real legal doctrine, but it's nowhere near as simple or automatic as the myth suggests.

The short answer is that squatters don't just get rights by showing up and living somewhere. You've got to understand that adverse possession requires very specific, intentional actions taken over a long period of time, with clear legal documentation and court approval. It's not something that happens accidentally, and it's definitely not something that protects someone who's simply trespassing.

What Alabama Law Actually Says About Adverse Possession

Let's talk about what you're really dealing with in Montgomery. Under Alabama Code § 6-5-200 and § 6-5-201, someone can potentially claim adverse possession of your property, but only if they meet strict requirements. (More on this below.) They've got to occupy the land openly, exclusively, and continuously for a full 20 years without your permission. That's two decades—not two years, not five years.

On the other hand, if the person claims they have your permission (what's called a "color of title"), that timeframe drops to just 10 years under Alabama law. But here's what matters: they still can't just be living there secretly or hiding the fact that they're using your property. The occupation has to be obvious enough that you could reasonably discover it if you visited or inspected your land.

The occupation also has to be exclusive, meaning they can't be sharing the space with you or acknowledging that you're the owner. For example, if someone's renting from you, they've got zero claim to adverse possession—they're there with permission, and that breaks the chain immediately. But if someone moves into an abandoned house you own and maintains it, pays property taxes on it, makes improvements, and lives there openly for 20 years while you do nothing, they've got a legitimate adverse possession argument.

Recent Changes and What's Different Now

Here's where Montgomery landlords need to pay attention. Alabama hasn't drastically overhauled its adverse possession laws recently, but courts have been tightening up what "openly" and "exclusively" actually mean. You can't just assume someone living in your property under the radar for years won't have a claim—you've actually got to prove they didn't meet those requirements.

What's changed more is enforcement. If you've got a squatter or an unauthorized occupant, you're better off handling this through formal eviction proceedings quickly rather than waiting it out. The longer you delay, the closer they get to that 10 or 20-year mark. In Montgomery, you'll file for eviction in the District Court (for properties worth less than $6,000 in damages) or Circuit Court. The process typically takes 2–4 weeks if the squatter doesn't contest it, though contested cases take longer.

A Real Scenario to Understand the Stakes

Let me give you a concrete example. Say you inherited a rental house in Montgomery's Eastchase area that you didn't actively manage. A distant relative moves in without asking, starts maintaining the yard, pays for repairs, and begins paying property taxes on it. You don't notice for several years. After about eight years, this relative has created what looks like a "color of title" situation—they've treated it like their own property and can show evidence of improvements and tax payments. If they keep this up for ten years total, they've got a real adverse possession claim in Alabama courts. — even if it doesn't feel that way right now

Compare that to a situation where someone just breaks into an abandoned warehouse you own and squats there for a year. You discover them, file an eviction notice, and they're out within weeks. No adverse possession claim sticks because they never met the "openly and exclusively" standard. The difference is night and day.

How to Protect Your Property Right Now

The practical move is staying on top of your properties. Visit them regularly, document their condition, and be aware of who's on them. If you spot an unauthorized occupant, don't just ignore it—contact the Montgomery Police Department and file a trespassing report. Then follow up with formal eviction proceedings through the District Court if it's a rental dispute, or contact an attorney if it's a more complex situation.

You should also know that you don't have to wait for a full adverse possession claim to materialize. You can file for eviction under Alabama Rules of Civil Procedure much faster if someone's occupying your property without permission. The key is being proactive. The longer you let someone stay, the more complicated your legal position becomes—not necessarily because they'll win an adverse possession claim, but because you'll have a harder time proving you never gave permission.

Real talk—if you're dealing with a squatter situation in Montgomery right now, you need to move quickly. Those 10 and 20-year clocks are real, and waiting around doesn't help you.