Adverse possession requires 10 years of continuous unauthorized possession under Ala. Code § 6-5-200
Adverse possession in Alabama requires 10 years of continuous occupation under Ala. Code § 6-5-200, with a shorter 7-year path available only when a squatter holds color of title and pays the property taxes. That decade-long window puts Alabama in the mid-range nationally, neither as exposed as five-year states nor as forgiving as those demanding twenty or thirty years. For an Alabama landlord, the practical meaning is reassuring on its face: no occupant earns ownership of your property quickly, and an inattentive year or two does nothing to threaten your title.
The risk is not speed but neglect. Adverse possession is built for owners who lose track of property for a decade and never act. Because routine landlording, periodic inspections, and any legal challenge interrupt the clock, the danger concentrates in vacant homes, inherited parcels, and out-of-state holdings nobody checks. Understanding the five elements, the color-of-title shortcut, and the correct removal path keeps a claim from ever maturing.
To claim title under Ala. Code § 6-5-200, an occupant must satisfy five elements for the full 10 years. The possession must be open and notorious (visible enough that a diligent owner would notice), hostile (without the owner's permission), exclusive (not shared with the true owner or the public), actual (physically using the land as an owner would), and continuous across the entire period. A gap of weeks where the occupant abandons the property can break continuity and force the count to restart.
Alabama also recognizes a color of title path that cuts the requirement to 7 years. This applies only when the occupant possesses under a written instrument that appears to convey ownership, such as a defective deed, and pays the property taxes throughout. Without both a paper claim and tax payment, the standard ten-year rule governs. For most squatter scenarios, no such document exists, so the full decade applies.
Adverse possession only succeeds against an owner who does nothing for the entire statutory period. Any clear act of ownership interrupts it. A single eviction filing, or even a dated written demand to vacate, resets the clock by destroying the hostility and exclusivity the occupant needs. Because the Alabama period runs a full ten years, owners have ample time to discover and respond to an unauthorized occupant.
The defense is routine. Inspect vacant and inherited properties on a schedule, document each visit, and act the moment you find someone living there without authorization. Keep deeds, tax records, and any correspondence organized so you can prove ownership and timing if challenged. Posting no-trespassing notices and securing entry points further undercuts any later claim that possession was open, exclusive, and uncontested. The owners who lose are the ones who never looked.
A holdover tenant entered lawfully under a lease and simply stayed past its end. A squatter never had permission at all. The distinction matters because a tenant's occupancy began with your consent, which means it was never hostile, and time spent under a lease does not count toward adverse possession. A holdover is a landlord-tenant matter; a squatter is a trespass and possession matter. Both, however, are removed through the same lawful channel.
What you cannot do in Alabama is take matters into your own hands. Self-help removal is illegal: do not change the locks, shut off power or water, remove the occupant's belongings, or threaten them out. These tactics expose you to liability regardless of whether the person is a holdover or a squatter, and they can hand the occupant leverage. The only safe route is a court order enforced by the proper authorities.
Removing an unauthorized occupant in Alabama runs through the courts, not the curb. The process begins with a written notice to vacate. If the occupant does not leave, you file an eviction (unlawful detainer) action in the appropriate court, present proof of ownership and the occupant's lack of right to be there, and obtain a judgment for possession. Only after a court rules in your favor can a sheriff or constable carry out the physical removal.
This path matters for two reasons. First, it is the only lawful way to regain possession without risking liability for an illegal lockout. Second, the filing itself resets the adverse-possession clock by formally contesting the occupant's possession, so even a long-running occupant who has not yet reached 10 years can never accumulate the continuous, hostile time a claim requires. Move promptly and document everything.
There is an important legal distinction between these two types of unauthorized occupants. A holdover tenant is a former leaseholder, someone who once had a valid lease who remains in the unit after that lease has expired without the landlord's consent and without executing a new lease. In Alabama, holdover tenants are typically treated as month-to-month tenants or as tenants at sufferance depending on whether the landlord continues to accept rent. They must be removed through the formal eviction process with appropriate notice.
A squatter (or trespasser) is someone who entered the property without any prior legal right to do so, they never held a lease with the landlord. Despite having no legal right of occupancy from day one, squatters cannot be physically removed by the landlord without a court order in Alabama. Changing the locks, removing belongings, or shutting off utilities to force a squatter out constitutes illegal self-help eviction and can expose the landlord to civil liability.
Ten years of continuous, open, notorious, hostile, and exclusive possession under Ala. Code § 6-5-200. The period drops to seven years only if the occupant holds color of title (a written instrument that appears to convey ownership) and pays the property taxes throughout. Without both, the full ten-year rule applies.
Police can act on a clear criminal trespass, but if the occupant claims any tenancy or color of right, officers often treat it as a civil matter and decline to remove them on the spot. In that case you must obtain a court order through an eviction (unlawful detainer) action, after which a sheriff or constable enforces the removal. Never attempt a lockout or utility shutoff yourself.
A holdover tenant entered lawfully under a lease and stayed past its end, so their occupancy was originally permitted and never counts toward adverse possession. A squatter never had permission and occupies as a trespasser. The legal labels differ, but both are removed only through the proper court process, not self-help.
Inspect vacant, inherited, and out-of-state properties regularly, document every visit, and act immediately on any unauthorized occupant. A single eviction filing or dated written demand to vacate resets the ten-year clock. Keep deeds and tax records organized, secure the property, and post notice so possession can never be open, exclusive, and uncontested for a decade.
This analysis was prepared by the Eviction Risk Map research team and reflects the adverse-possession framework set out in Ala. Code § 6-5-200. Last reviewed June 2026. It is provided for general informational purposes only and is not legal advice; statutes and court interpretations change, and individual situations vary. Consult a licensed Alabama attorney before acting on any squatter, holdover, or possession matter.
Adverse possession data sourced from Ala. Code § 6-5-200. Eviction notice data from U.S. Census Bureau ACS 2023 and Ala. Code § 35-9A-421. Last updated July 14, 2026. This page is for informational purposes only and does not constitute legal advice. Consult a licensed real estate attorney for your specific situation.
