Squatters’ rights in Alabama: A 2025/2026 guide for associations

What are squatters?

A squatter is someone who lives on a property without permission from the owner and without a lease or rental agreement. This usually happens when a home, building, or piece of land sits vacant and someone moves in without notifying the owner. In Alabama, squatters who meet very specific legal conditions under Alabama property management laws may try to claim ownership through a process called adverse possession. That’s why it’s important for property owners and board members to act quickly when they discover unauthorized occupancy.

This article is not intended to and does not constitute legal advice or create an attorney-client relationship. Board members should consult their association’s attorney to discuss the legal implications of their decisions or actions prior to proceeding.
 

Understanding Alabama squatters' rights

Adverse possession is the process by which squatters in Alabama could eventually claim ownership of a property. To qualify for adverse possession in Alabama, the person must meet conditions typically described as:

1. Continuous possession: The possessor must occupy the property for 20 consecutive years or 10 consecutive years if they meet Alabama’s statutory adverse possession requirements. Examples may include a recorded color of title for 10 years, annual tax listing for 10 years, or a claim by descent or devise (meaning the property was inherited from a relative, either through a will or by law).
    
2. Hostile possession: The occupation must be without the owner’s permission.
    
3. Open and notorious possession: The possessor must act in a way that makes their presence obvious to anyone, including the owner.
    
4. Actual possession: The possessor must physically occupy and use the property, not just claim it on paper.
    
5. Exclusive possession: The possessor can’t share the space with the owner or others.

Many boards and owners turn to professional property management companies like FirstService Residential to help them monitor their properties, stay ahead of potential risks, and take the right steps when dealing with challenges in their building or community.
 

What is color of title in Alabama?

Color of title refers to a document that appears to give someone ownership of a property. This often involves an outdated or incorrect deed that seems valid on paper. In Alabama, if a squatter has color of title recorded for 10 years and satisfies the statute’s other requirements, they may be able to establish title after 10 years instead of 20. Alternatively, 10 years of annual tax listing or a claim by descent/devise can also support statutory adverse possession.
 

Squatters vs. holdover tenants explained

A squatter moves into a property without the owner’s permission, while a holdover tenant stays after their lease has ended. In Alabama, removing holdover tenants usually requires a formal court process. A holdover tenant may be governed by the Alabama Uniform Residential Landlord and Tenant Act (AURLTA). For board members and owners, knowing how someone first gained access to the property helps determine the right legal response. It’s always smart to consult legal counsel early and handle the situation the right way from the start.
 

Can you evict a squatter in Alabama?

Potentially, but owners must follow a formal legal process for removal. “Self-help” eviction tactics like shutting off utilities or changing locks can expose the owner to liabilities.

As of June 1, 2024, Alabama now allows a property owner or authorized agent to submit a sworn affidavit to local law enforcement to remove an unauthorized individual from a dwelling without first filing an eviction case. After law enforcement verifies the affidavit, they must serve a notice to vacate. If the person refuses to leave, law enforcement may remove and may pursue criminal charges as applicable.

Conditions for evicting a squatter using this expedited process may include:

• The requesting person is the owner of the dwelling or the agent of the owner of the dwelling.
   
• An individual has entered and is remaining unlawfully in the dwelling.
   
• The individual was not authorized to enter the dwelling or remain in the dwelling.
   
• The individual is not a tenant or a holdover tenant.
   
• The requesting person has requested that the unauthorized individual vacate the dwelling and the individual has not done so.
   
• The unauthorized individual is not an immediate family member of the property owner.
   
• There is no pending litigation related to the dwelling between the property owner and the unauthorized individual.

Outside that narrow expedited path, the process usually goes through the courts. Owners who discover someone living on their property without permission should consult with qualified legal counsel as soon as possible.
 

How to prevent squatters

There are a few proactive steps owners can take to help protect their property and minimize the risk of unauthorized occupants:

• Put things in writing: If someone’s staying on the property with your permission, even briefly, a short written agreement can help avoid confusion later.
   
• Check in regularly: Walk the property and keep up with ongoing maintenance services to signal that the space is actively managed.
   
• Add signage and security: “No Trespassing” signs, exterior lighting, and cameras can help discourage unwanted activity.
   
• Stay in touch with neighbors: Ask trusted contacts to keep an eye out and let you know if they see anything unusual.

How a property management company can help

A professional property management company like FirstService Residential can play a key role in protecting communities from issues related to Alabama squatters’ rights. From routine checks to legal coordination, professional management can help boards and owners maintain control and minimize liability.

Here’s how FirstService Residential can support your community:

• Routine inspections: Scheduling regular walkthroughs and documenting signs of unauthorized occupancy.
   
• Financial management: Maintaining documentation to help support removal filings and tax records.
   
• Legal coordination tailored to Alabama: Working with your board’s legal counsel to respond quickly and appropriately to suspected squatters.
   
• Coordinating with vendors: Our network of local vendors includes locksmiths, security, and cleanup teams that can help secure a vacant unit after lawful removal.

FirstService Residential has helped boards and owners in Alabama reduce risk, preserve property values, and navigate complex occupancy issues. If you have questions about Alabama squatters’ rights or are dealing with a property access issue, contact FirstService Residential today.