What Are Squatters Rights Arkansas? [2024]

Squatter’s Rights: Adverse Possession in Arkansas

At first glance, squatting might seem like trespassing, but the legal side of things can be quite surprising. In many parts of the U.S., squatting isn’t considered a criminal act unless certain actions are taken by the property owner.

Here’s how it often works: People usually have the right to squat on an empty property until the owner directly tells them they’re not welcome anymore. Oddly enough, this detail can slip past many landlords. But once they clearly say, “Hey, get out,” those who stick around without permission can technically be seen as trespassers.

Now, there are exceptions, and Arkansas has its own unique take on this. Squatters who make a home on a property for a long time without any interference from the legal owner might actually end up with permanent rights to stay there.

These laws might raise eyebrows, but their main goal is to encourage folks to put in the effort to bring life back to abandoned properties left to rot by their owners. Despite any confusion, this guide aims to shed some light on the topic and provide clarity.

Squatters’ Rights in Arkansas

Living Without Breaking the Law: You might be surprised to learn that in Arkansas, squatters can live on a propertyy without committing a crime unless they receive an official notice to leave.

Right to Fight Eviction: They also have the right to challenge any attempts to kick them out.

Adverse Possession Claims: These are legal claims that can grant squatters ownership of a property. In Arkansas, squatters can try for adverse possession after either seven or 15 years, depending on the situation.

Meeting the Requirements: To make an adverse possession claim, squatters need to meet specific criteria. This includes paying property taxes and following the five key principles of squatting in the United States.

Arkansas Adverse Possession Laws

According to Arkansas law, if someone squats on a property for at least 7 years, they can apply for legal ownership. But there’s a catch: they need proof that they’ve been taking care of the property and paying property taxes all that time. Adverse possession laws are meant to let squatters legally own property, but they involve following certain legal steps.

What Squatters Need to Qualify in Arkansas

• Hostile Possession: This sounds tough, but it basically means the squatter is living on the property without the owner’s permission and against the owner’s rights. It could mean the squatter didn’t know the land wasn’t theirs or that they didn’t realize they weren’t allowed to be there.
• Active Possession: To make an adverse possession claim, the squatter has to show they’ve been actively controlling and using the property, just like the owner would. That includes taking care of the place, doing the landscaping, and making regular repairs.
• Open and Notorious Possession: The squatter must have lived on the property openly in a way that should have made the owner aware of their presence throughout their stay. If they were hiding, it doesn’t count.
• Exclusive Possession: While squatting often involves multiple people sharing a property, the squatter has to be the only one living in the specific area they want to claim.
• Continuous Possession: Arkansas law says squatters have to live on the property continuously for seven years to qualify for adverse possession. Importantly, they must consistently pay property taxes on the land during this whole time to make a valid claim.

Are Color of Title Claims Recognized in Arkansas?

You might have heard about something called a “color of title” claim. It’s all about transferring property from one person to another when there’s either no important paperwork or the paperwork has lost its validity for different reasons.

In Arkansas, color of title claims are specifically about wild or undeveloped land, and they only come into play after a continuous residence of 15 years. If you want to know more about these claims, you can check it out by clicking here.

How to Remove Squatters

Dealing with Unwanted Guests: So, you’ve discovered squatters on your property, and you’re wondering what to do. Contrary to what some might think, getting rid of squatters in Arkansas can be relatively straightforward, as long as they don’t have a valid adverse possession claim that meets all the requirements.

Arkansas Eviction Process: The right and legal way to remove squatters in Arkansas is through eviction by the sheriff. Fortunately, the process here is often simpler and quicker compared to many other states. There are no special eviction laws just for removing squatters; the regular eviction procedures apply.

Steps to Get Rid of Squatters

• Serve an Eviction Notice

• • • Three-Day Notice to Quit for Non-Payment of Rent: If you have a tenant who’s stopped paying rent, you can give them a three-day notice to leave.
    • Seven-Day Notice to Quit for No Lease or End of Lease Agreements (Week-to-Week): When a weekly lease ends, or there was no lease to start with, and you want the occupant out, you can issue a seven-day eviction notice.
    • 30-Day Notice to Quit for End of Lease Agreements (Month-to-Month): Monthly tenants whose leases have ended can get a 30-day notice.

• File an Eviction Lawsuit

• • • If the squatters don’t leave within the time allowed by the notice, you can file an eviction lawsuit. Then, they get a court summons, giving them five to ten days to show up in court and object to the eviction in writing.
    • If they do show up and contest the eviction, the court might hold a hearing. But it’s unlikely they’ll succeed unless they meet all the conditions for adverse possession. Usually, the court sides with the legal owner, and then the sheriff can legally remove the squatters.
    • If they don’t show up, the sheriff can go ahead with the removal.

• Squatters Involved in Illegal Activity

When squatters are up to no good, like illegal activities, you don’t need to give them notice. You can start an eviction lawsuit right away. Common illegal activities by squatters might include causing public problems or having drugs on the property.

Frequently Asked Questions

Can Squatters Challenge an Eviction Lawsuit?

Squatters in Arkansas do have the right to dispute an eviction lawsuit. However, this right doesn’t carry much weight unless they can show a legal basis for their presence. Unless they’ve completed all the necessary legal steps or are facing a real emergency, the court is likely to side with the landlord or property owner.

Can Owners Forcefully Remove Squatters in Arkansas?

No, they can’t. Just like in most states, trying to forcibly remove squatters from your Arkansas property, which includes things like cutting off utilities or changing locks, is against the law. Such actions are illegal, and going down that road could lead to legal consequences, possibly ending up in court.

Do Squatters Have to Pay Property Taxes for Adverse Possession in Arkansas?

In Arkansas, squatters can only go for an adverse possession claim and eventually become property owners if they consistently pay property taxesfor seven consecutive years. If the land is wild and undeveloped, this period extends to 15 consecutive years. Meeting these tax payment requirements is crucial for squatters to make a valid claim to ownership.