Alabama Statewide Rule

Alabama Adverse Possession: 10 Years by Deed/Tax, 20 Years by Prescription

Few RestrictionsApplies statewide across Alabama (2026)

Alabama recognizes two adverse-possession paths: 20 years of open, continuous possession by prescription, or 10 years under Ala. Code § 6-5-200 with color of title recorded, annual tax listing, or title by descent/devise. A mere trespasser holds no rights and can be removed through ordinary eviction or ejectment.

Key Facts

Statutory period (§ 6-5-200): 10 years with color of title, tax listing, or devise
Prescriptive period: 20 years (common law, OCEAN elements)
Tax payment: Required only for 10-year statutory path
Trespasser/squatter: No rights; removed by court action

Last verified: 2026-06-27

Full Breakdown

Alabama law splits adverse possession in two. Common-law prescription requires possession that is actual, exclusive, open, notorious, hostile, and continuous for 20 years. The statutory short path, Ala. Code § 6-5-200, cuts the period to 10 years but adds conditions: the claimant must show "a deed or other color of title purporting to convey title... duly recorded... for 10 years," or have "annually listed the land for taxation in the proper county for 10 years," or derive title "by descent cast or devise from a predecessor... in possession." A squatter without any of these has no claim. Owners remove squatters and holdover trespassers through unlawful-detainer or ejectment actions; self-help removal is not permitted.

Violations & Penalties

A squatter with no valid adverse-possession claim is removed by court order through unlawful detainer or ejectment. Criminal trespass under Ala. Code § 13A-7-2/13A-7-4 may also apply; owners may not use self-help to evict.

Frequently Asked Questions

How long before a squatter can claim land in Alabama?

Twenty years by common-law prescription, or ten years under Ala. Code § 6-5-200 if the claimant also has recorded color of title, has annually listed the land for taxes, or holds title by descent or devise.

Does paying property taxes help a squatter in Alabama?

Only on the 10-year statutory path under § 6-5-200, which requires annual tax listing for 10 years. The 20-year prescriptive path does not require paying taxes.

How do you remove a squatter in Alabama?

Through a court eviction (unlawful detainer) or ejectment action. Self-help removal is not allowed, and criminal trespass charges may also apply to a true trespasser.

Sources

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