Arkansas Statewide Rule
Arkansas Adverse Possession (Squatter's Rights)
Key Facts
- Possession period
- 7 years (with color of title + taxes)
- Tax requirement
- Ad valorem taxes paid during the period
- Wild/unimproved land
- Up to 15 years of tax payments
- Governing statute
- Ark. Code 18-11-106 (also 18-11-102)
- Removal method
- Civil unlawful detainer / eviction
Summary
Arkansas adverse possession under Ark. Code 18-11-106 requires 7 years of actual or constructive possession with color of title plus payment of ad valorem taxes during that period. A mere squatter with no title or tax payments cannot acquire ownership; owners remove them through standard eviction or unlawful-detainer actions.
(a) To establish adverse possession of real property, the person and those under whom the person claims must have actual or constructive possession of the real property being claimed and have either: (1) (A) Held color of title to the real property for a period of at least seven (7) years and during that time paid ad valorem taxes on the real property.
Full Breakdown
Ark. Code 18-11-106 provides that 'to establish adverse possession of real property, the person... must have actual or constructive possession of the real property being claimed and have... held color of title to the real property for a period of at least seven (7) years and during that time paid ad valorem taxes.' Color of title plus 7 years of tax payments is the core path; wild and unimproved land can require up to 15 years of tax payments (Ark. Code 18-11-103). Possession must also be open, notorious, hostile, and continuous under case law. A trespasser without color of title or tax receipts gains nothing. Owners remove squatters through the civil unlawful-detainer process (Ark. Code 18-60-304), not self-help.
Violations & Penalties
No specific statutory penalty. A failed adverse-possession claimant or trespasser is simply removed by court order; a holdover after notice can fall under the criminal failure-to-vacate statute (Ark. Code 18-16-101).
Frequently Asked Questions
How long must a squatter possess property to claim it in Arkansas?
Can a squatter take Arkansas property without paying taxes?
How does an Arkansas owner remove a squatter?
Sources
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