Squatters Rights in Arkansas & Adverse Possession Laws 2024

As in many states, squatters rights in Arkansas allow squatters — that is, people residing unauthorized on a property — to take ownership of it in a process known as adverse possession.

Of course, Arkansas squatters rights can have massive consequences for both landlords and squatters. Squatters can often cause property damage, and squatters rights make it very difficult for landlords to remove them. However, landlords and property owners must move quickly and remove unauthorized inhabitants from a property before they can file for adverse possession.

To avoid these nightmare scenarios, property owners should be familiar with Arkansas’ landlord-tenant laws, squatters’ rights, and adverse possession regulations.

Read on to learn more.

Trespassers vs. Squatters

Trespassers and squatters both enter a property without permission, but only squatters are entitled to squatter rights. The difference lies in their intent. Squatters seek to move onto a property and claim it later. Compared to trespassers, who move on and off property with no intent to stay, squatters are granted legal rights prohibiting them from immediate removal.

Conversely, trespassers have no rights and may be removed immediately from a property with help from local law enforcement. Ultimately, landlords must remove trespassers as soon as possible before establishing a more substantial presence that qualifies them for squatters rights.

Legality of Squatting in Arkansas

Does Arkansas have squatters rights? In a word: Yes. In Arkansas, squatting is not immediately considered illegal in itself. However, if the landlord succeeds in removing the squatter via a formal eviction process, squatting could lead to trespassing or burglary charges.

This is another reason for landlords to remove trespassers before they can be considered squatters under Arkansas squatters rights. Though trespassing is illegal, squatting is generally left to the state’s civil courts. Therefore, law enforcement cannot automatically help a property owner remove squatters since the squatter is not conducting illegal activity.

Squatters Rights and Adverse Possession Laws in Arkansas

Adverse possession is among Arkansas squatters rights. Essentially, adverse possession enables squatters to legally claim a piece of property after residing upon it for a certain amount of time despite paying no mortgage or rent.

However, squatters must fulfill a strict set of legal conditions to qualify for adverse possession, and there must not be an Arkansas lease agreement in place. Adverse possession cases are not guaranteed to succeed — in fact, many claims fail, leaving the property in possession of the original owner.

Though most states have adverse possession laws, these regulations vary widely from place to place. Property owners must understand the finer points of adverse possession in Arkansas to keep their properties from falling into the hands of squatters.

How Arkansas Squatters Can Legally Claim Property Through Adverse Possession

Adverse possession can cause enormous legal problems for property owners, but let’s not get ahead of ourselves. To successfully claim adverse possession, squatters must first prove that their residence upon a property meets all of the following conditions:

• Actual: The squatter must actually live on the property and treat it as their full-time residence — they cannot use it as a part-time residence or storage space.
• Open and Notorious: The squatter must live on the property openly and in a way that is obvious to passersby rather than attempting to conceal their residence.
• Hostile: The squatter’s occupancy must go counter to the rights of the original property owner and cannot be conducted with the owner’s prior permission.
• Exclusive: The squatter must be the only person living on the property; no other squatters or the original owner may live there during their residence.
• Continuous: The squatter must live on the property continuously without substantial absences.

Adverse Possession Time Requirements

Additionally, squatters must reside on the property for a specific time. As per ACA § 18-11-106, squatters need to fulfill one of the following time commitments:

• Squatters may claim adverse possession after seven years of residence on unimproved and unenclosed land.
• Squatters may claim adverse possession after 15 years of residence on wild and unimproved land.

These time requirements are mutually exclusive, so squatters must fulfill just one of these time conditions (as well as the five conditions outlined above) to claim adverse possession successfully.

Squatters rights in Arkansas also require squatters to possess a color of title (an invalid deed showing that a squatter owns the property) and pay ad valorem property taxes for the duration of their seven- or 15-year residence upon the property.

Landlord Rights & Responsibilities

Although Arkansas squatters rights can be daunting, landlords also have rights that enable them to deal with squatters and retain ownership of their property. Those rights include the right to evict squatters, the right to install security measures on the property, and the right to dispute any adverse possession claims.

However, landlords’ responsibilities in Arkansas focus on preventing squatter situations. Landlords must frequently check on and, ideally, maintain their properties to prevent squatters from establishing a presence. They must also undertake a formal eviction process to remove any squatters.

Squatters Rights & Responsibilities

Squatters rights in Arkansas do not extend as far as many believe. At a minimum, squatters rights include the right to a formal eviction process before removal from the property and the right to claim ownership through adverse possession. Squatters also have the right to dispute eviction proceedings.

In return, squatters must ensure that their residence on a property meets the qualifications for adverse possession: open and notorious, hostile, exclusive, continuous, and actual. They must also abide by all legal decisions, including evictions and the denial of adverse possession claims. Failure to do so could lead to criminal charges.

How to Evict Squatters in Arkansas

As mentioned, landlords may remove squatters from their property by undertaking a formal eviction. This can be a lengthy process, so property owners must initiate eviction proceedings as soon as they discover squatters.

In Arkansas, the process for evicting a squatter is as follows:

• Gather evidence: First, collect evidence against a squatter to prove their unauthorized residence in a court hearing.
• Issue a Notice to Quit: Depending on the circumstances that preceded the squatting, landlords must issue a Notice to Quit three, 10, 14, or 30 days in advance. A three-day notice may be given for nonpayment of rent (A.C.A. § 18-60-304). However, no notice is required if a squatter conducts illegal activity such as gambling (ACA § 18-16-502).
• File a complaint of forcible detainer: If the squatter remains on the property following the allotted time period, the property owner must then file a complaint of forcible detainer with the Arkansas District or Circuit Court. This will initiate the eviction lawsuit.
• Attend court hearing: At the court hearing, the landlord and the squatter will present their respective evidence of ownership. In most cases, the court will uphold the original owner’s property rights unless the squatter has fulfilled the conditions for adverse possession.
• Obtain a Writ of Possession: If the squatter does not respond to the court summons or the landlord wins the complaint of forcible detainer, the court will issue a Writ of Possession that recognizes the landlord’s ownership.
• Contact the sheriff: The landlord must contact the local sheriff’s department next to execute the Writ of Possession. The squatter will be given 24 hours to move out before the sheriff intervenes and forcibly removes the squatter. Police officers cannot remove squatters in Arkansas.

Can landlords self-evict squatters in Arkansas?

So-called self-help evictions are illegal in Arkansas. Landlords cannot change the locks or turn off utilities to remove squatters — they must undertake the above-mentioned eviction process.

Alternatively, if landlords do not want to wait for an eviction lawsuit to proceed, they may offer squatters a cash-for-keys agreement in which they pay the squatter a sum of money to leave the property voluntarily. Though this may be pricey, some property owners take this route to avoid the delays and headaches caused by the eviction process.

Legal Help for Landlords in Arkansas

Landlords who discover squatters on their property should seek legal advice to avoid adverse possession claims as soon as possible. Here are some of the resources we’d recommend:

• Center for Arkansas Legal Services: Provides free civil legal assistance for eligible, low-income Arkansans
• Legal Aid of Arkansas: Non-profit, public interest firm that offers pro bono civil legal aid
• Arkansas Law Help: Provides legal information and the opportunity to connect with a licensed attorney to ask civil legal questions

Preventing Future Squatter Situations

Landlords do have legal recourse to deal with squatters, but it’s always better to simply prevent squatter situations altogether. We’d recommend property owners take these steps to avoid dealing with squatters rights in Arkansas:

• Install security cameras: Landlords should prominently place security cameras to show trespassers they are being monitored. In the case of an eviction, landlords may also use the camera footage to prove their rightful ownership.
• Post “No Trespassing” signs: Though a sign won’t immediately deter a squatter, it will reinforce the fact that trespassers will be prosecuted.
• Pay property taxes in full and on time: If the landlord pays property taxes, squatters are prevented from doing the same, disqualifying them from a claim of adverse possession.
• Secure entrances and exits: Install fencing and locks to prevent squatters from gaining unauthorized entry to the property.
• Frequently visit property: Visit and conduct property maintenance, such as mowing the lawn, checking the mail, and changing dead lightbulbs, to show that the property is not vacant.

How Property Management Software Can Help

In addition to the suggestions above, TurboTenant’s free property management software can prevent squatters from claiming property. We help landlords fill properties quickly and keep vacancies to a minimum using the following features:

• Customizable rental applications and lease agreements to streamline the process of obtaining new tenants
• Thorough tenant screenings so you can rent with confidence
• EZ Evict USA simplifies the process of removing squatters or holdover tenants if necessary
• Rental advertising to fill vacancies and ensure properties are occupied more often

To learn more, sign up for a free TurboTenant account today. You’ll be better equipped to manage your properties and avoid dealing with Arkansas squatters rights.

Disclaimer: TurboTenant does not provide legal advice. This material has been prepared for informational purposes only. All users are advised to check all applicable local, state, and federal laws and consult legal counsel should questions arise.

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