The Real Deal on Squatters in Alabama
Here's the thing: Alabama doesn't recognize "squatters rights" the way some other states do.
You won't find some legal loophole that lets someone live on your property long enough and suddenly own it. That's not how this works in Alabama, and frankly, it makes life a lot simpler for property owners.
What Alabama does have is adverse possession law, and it's got teeth—but not in the way squatters hope. Under Alabama Code Section 6-5-200 and Section 6-5-201, someone could theoretically claim ownership of your land through adverse possession, but they've got to clear some seriously high bars that most squatters will never clear.
What Adverse Possession Actually Requires
If you're worried a squatter might somehow end up owning your property, take a breath.
For adverse possession to work in Alabama, the person occupying your land needs to hold it openly, exclusively, adversarially (meaning without your permission), and continuously for a specific period. Here's where Alabama gets strict: they need to do this for 10 years if the person has a "chain of title" (legal documentation suggesting ownership), or 20 years without it. That's Alabama Code Section 6-5-200.
We're talking about a decade or two of openly living on someone else's property while the owner either doesn't know or doesn't care enough to stop it. Most squatter situations don't last 20 years because landlords and property owners take action way before then. The person also can't be hiding—the possession has to be open and obvious, not sneaky.
How to Evict a Squatter in Alabama
Real talk — if someone's living on your property without permission, you don't wait around hoping they'll leave on their own.
Here's your process:
- Document everything. Take photos, note dates, get witnesses if possible. You'll need to show the squatter had no permission to occupy your property.
- Serve notice. Alabama Code Section 34-8A-2 allows you to give a trespasser notice to vacate, typically giving them 3-5 days (though you can be more generous).
- File an unlawful detainer action if they don't leave. This is the formal eviction case, filed in district court in the county where the property sits. Filing fees run around $150-$300 depending on your county.
- Go to court. You'll present your case showing the person has no legal right to be there. If you win (and you almost certainly will against a squatter), you get a judgment for possession.
- Get a writ of restitution. If the squatter still won't leave, the sheriff executes this document and physically removes them from the property. You'll pay the sheriff's fee for this, usually $50-$150.
The whole process typically takes 2-4 weeks if the squatter doesn't fight you and doesn't show up to court.
Recent Changes and What's Important Now
Alabama hasn't made major recent changes to its squatters rights law specifically, but the state has been relatively landlord-friendly compared to other states—and that trend continues.
One thing landlords should know: don't try to evict someone yourself by changing locks, removing their belongings, or turning off utilities. That's "self-help eviction," and it's illegal under Alabama law even when dealing with squatters. (More on this below.) You have to go through the courts. I know it's frustrating, but taking shortcuts can open you up to a lawsuit against you.
Also, if you've abandoned a property or haven't actively managed it for years, you're basically handing potential adverse possession claimants ammunition. Even though the timeline is long, you don't want to give anyone a shot.
What to Do Right Now
If you've got a squatter situation brewing on your Alabama property, here's your action list:
- Document the current situation with photos and dates.
- Serve written notice to vacate (keep a copy for your records).
- If they don't leave within the notice period, contact a local attorney or your district court clerk about filing an unlawful detainer action.
- Don't try to remove them yourself—let the legal system do its job.
You've got this. Alabama law is on your side, and the process, while it takes some time, works.