Squatters Rights in Arkansas: 15-Year Adverse Possession Law
Arkansas requires 7 years of possession under color of title, or 15 years without it. Separately, Arkansas enacted a new criminal squatting law in 2025 that operates independently of the adverse possession timeline.
Last reviewed July 8, 2026 — statutes and case law independently verified against official sources
Arkansas vs Neighboring States: Quick Comparison
- Statutory Period
- 15 years
- Tax Payment Required
- No
- Color of Title
- Not required
- Expedited Removal Law
- Yes 2024–2025
- Statutory Period
- 30 years
- Tax Payment Required
- No
- Color of Title
- Required
- Expedited Removal Law
- Yes 2024–2025
- Statutory Period
- 10 years
- Tax Payment Required
- No
- Color of Title
- Not required
- Expedited Removal Law
- Yes 2024–2025
- Statutory Period
- 20 years
- Tax Payment Required
- No
- Color of Title
- Not required
- Expedited Removal Law
- Standard process
Data verified for 2026. Laws subject to change, verify with official state statutes.
The Path to Adverse Possession in Arkansas
A visual summary of what a claimant must complete, start to finish.
How Adverse Possession Works in Arkansas
To claim ownership of property through adverse possession in Arkansas, a claimant must possess the land for 15 years while meeting the legal requirements established under state law.
Legal Basis and Statutory Period
Arkansas’s adverse possession law is codified under Ark. Code Ann. § 18-11-106; Act 238 (HB 1049) of 2025. The standard statutory period is 15 years of continuous, open, and hostile possession.
Property Tax Requirements
Arkansas's tax-payment requirement is tied to color of title rather than being a standalone reduction: claimants with color of title and seven consecutive years of tax payment qualify for the shorter 7-year track.
Color of Title Rules
A 7-year period applies to possession under color of title. Possession without color of title requires 15 years.
Key Legal Requirements
- Actual possession
- Open and notorious possession
- Hostile possession
- Exclusive possession
- Continuous possession for 7 years (with color of title) or 15 years (without)
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Recent Law Changes in Arkansas
2025: Act 238 (HB 1049), signed March 4, 2025, created the criminal offense of 'unlawful squatting' with escalating penalties (misdemeanor for a first offense, up to a Class D felony for a third), gave property owners a private cause of action for damages, and made it a felony to provide false documentation of a right to occupy. This is a criminal-enforcement change and does not alter the 7/15-year adverse possession periods.
Arkansas Adverse Possession Procedures
Making an Adverse Possession Claim
To establish adverse possession in Arkansas, a claimant typically must:
- File a quiet title action in the circuit court of the county where the property is located
- Hold color of title to the property and pay ad valorem property taxes on it for at least 7 consecutive years if the land is unimproved and unenclosed, or at least 15 consecutive years if the land is wild and unimproved, under Arkansas Code Section 18-11-106
- Alternatively, demonstrate the common-law elements of actual, open, notorious, exclusive, hostile, and continuous possession where color of title is unavailable
- Present evidence such as witness testimony, photographs, surveys, tax receipts, and documentation of improvements or use of the land
- Meet Arkansas's 'preponderance of the evidence' standard of proof
- Obtain a court judgment granting legal title to the property
Following a successful quiet title action, the claimant should record the judgment with the appropriate county recorder's office to establish clear title. Whether land counts as merely 'unimproved and unenclosed' (7 years) versus 'wild and unimproved' (15 years) is often the central factual dispute in these cases.
Defending Against Squatters
Arkansas property owners can protect against adverse possession claims by:
- Regularly inspecting property boundaries and the entire property
- Ensuring timely payment of all property taxes
- Posting "No Trespassing" signs around the property perimeter
- Maintaining accurate property surveys and documentation
- Providing written permission for any allowed use of the property
- Taking legal action against unauthorized users before the statutory period expires
- Documenting property visits and inspections
- Considering a property management service for vacant properties
Any action that interrupts the continuity of possession will restart the statutory period and prevent an adverse possession claim from maturing.
Removing Squatters
Arkansas provides property owners with several options for removing unauthorized occupants, recently strengthened by 2025 legislation:
- Criminal Squatting Charges (Act 238 of 2025 / HB 1049): Effective March 4, 2025, Arkansas made unlawful squatting a distinct criminal offense, letting law enforcement treat clear cases of unauthorized occupation as a criminal matter rather than requiring the owner to pursue a lengthy civil case first.
- Law Enforcement Assistance: For clear cases of trespassing, property owners can also request assistance from law enforcement under Arkansas's general criminal trespass laws (Arkansas Code Section 5-39-203).
- Unlawful Detainer: File a complaint for unlawful detainer with the circuit court; the court issues a summons requiring the occupant to respond within 5 days; attend the hearing, typically scheduled within 5-10 days; if successful, obtain a writ of possession; have the sheriff execute the writ to remove the squatters.
- Criminal Eviction: Arkansas Code Section 18-16-101 makes it a misdemeanor for a tenant or unauthorized occupant to remain on residential property after receiving a 10-day notice to vacate, a tool most other states do not have.
Even with these stronger property-owner protections, 'self-help' evictions such as changing locks, removing doors, or shutting off utilities are still generally prohibited in Arkansas and can expose an owner to liability.
Notable Arkansas Adverse Possession Cases
Bonds v. Carter (2002)
348 Ark. 591, 75 S.W.3d 192 (Ark. 2002)
A landowner paid property taxes on 'wild and unimproved' land for more than fifteen years and argued this alone gave her the timber rights on the property by adverse possession, even though those timber rights had been severed and separately recorded before she acquired her deed. The Arkansas Supreme Court held that mineral and timber rights are legally severable from the surface estate, so paying taxes on the surface under color of title for the statutory period does not automatically sweep in previously severed rights the claimant had notice of.
Dillard v. Pickler (1999)
No. CA 99-333 (Ark. Ct. App. 1999)
A family had paid property taxes on a 40-acre unenclosed timber tract for roughly forty years under a warranty deed, occasionally selling timber and executing oil and gas leases, while a rival claimant's predecessors did nothing despite having notice of the sale. The Arkansas Court of Appeals affirmed that this sustained tax payment and use under color of title, combined with the record owner's inaction, was enough to quiet title in the possessors by adverse possession.
Boyster v. Shoemake (2008)
101 Ark.App. 148, 272 S.W.3d 139 (Ark. Ct. App. 2008)
Neighbors had treated an old fence, standing for about 65 years, as their shared property line until one side cut it down during a dispute over missing hunting dogs. The Arkansas Court of Appeals held that a long-standing fence can fix the boundary under the doctrine of boundary by acquiescence when neighbors mutually recognize it as the dividing line over time, even without an express agreement, though the mere presence of a fence alone is not enough without some evidence of that mutual recognition.
Robertson v. Lees (2004)
No. CA 03-317 (Ark. Ct. App. 2004)
A fence had stood between two properties for 38 years until one owner had a survey done and removed it, prompting the other to sue to restore the fence as the boundary. The Arkansas Court of Appeals affirmed that the claim failed because neither the claimant nor his predecessors had taken any action that would have put the record owner on notice they were claiming the land adversely, illustrating that a fence's mere long-standing presence does not by itself establish adverse possession or boundary by acquiescence.
Frequently Asked Questions About Arkansas Adverse Possession
How long must someone occupy my property in Arkansas to claim adverse possession?
Under Arkansas Code Section 18-11-106, a claimant with color of title who pays ad valorem property taxes needs 7 consecutive years if the land is unimproved and unenclosed, or 15 consecutive years if the land is wild and unimproved. The '30-day squatter's rights' claim is completely false; no one can gain ownership rights to your property after just 30 days of occupation.
What is the difference between 'unimproved and unenclosed' and 'wild and unimproved' land in Arkansas?
This distinction determines whether the 7-year or 15-year color-of-title period applies under Arkansas Code Section 18-11-106, and it is often the key factual question in these cases, as illustrated by Bonds v. Carter (2002). Land that has been enclosed or put to some ordinary use generally falls into the shorter, 7-year category, while truly undeveloped, forested, or unused land is treated as 'wild' land requiring 15 years of tax payment under color of title.
What is "color of title" in Arkansas adverse possession law?
In Arkansas, 'color of title' refers to a written document, such as a deed, will, or other instrument, that appears to give the possessor ownership rights to the property but contains some legal defect. Paying ad valorem property taxes under color of title for the applicable 7 or 15-year period under Arkansas Code Section 18-11-106 is the most common path to establishing adverse possession in the state.
How did Arkansas's 2025 squatting law (Act 238 / HB 1049) change things?
Effective March 4, 2025, Act 238 made unlawful squatting a criminal offense in Arkansas, allowing law enforcement to address clear-cut squatting situations directly instead of forcing property owners through a lengthy civil unlawful detainer case. The change targets people with no legitimate claim to a property; it does not alter the underlying requirements for a genuine adverse possession claim under Arkansas Code Section 18-11-106.
Can I legally remove squatters from my property in Arkansas?
Yes. Since March 2025, clear cases of unlawful squatting can be treated as a criminal matter under Act 238, in addition to Arkansas's existing civil unlawful detainer process and its criminal eviction statute (Arkansas Code Section 18-16-101), which makes it a misdemeanor to remain after a 10-day notice to vacate. 'Self-help' methods like changing locks or cutting off utilities are still generally prohibited and could result in liability.
Can I lose part of my property because my neighbor's fence is over the boundary line?
It depends on more than the fence alone. As Robertson v. Lees (2004) shows, a fence standing for decades is not enough by itself; the claimant must also show the record owner had notice of an adverse claim. But as Boyster v. Shoemake (2008) illustrates, where neighbors have mutually treated a fence as the true boundary over time, courts may recognize it under the doctrine of boundary by acquiescence.
Is squatter removal handled by police or only through civil eviction in Arkansas?
Both tools now exist, and which applies depends on documentation. Since Act 238 of 2025 (HB 1049) took effect March 4, 2025, unlawful squatting is a standalone crime: if someone entered without permission, isn't a tenant, has no occupancy agreement or family relationship with the owner, was told to leave, and can't produce a deed, lease, or recent rent receipt, police can charge them directly — a Class B misdemeanor for a first offense, escalating to a Class D felony for a third. Officers can also arrest for general criminal trespass under Ark. Code § 5-39-203 in obvious break-in cases. If the occupant can produce any lease or rent receipt, it's treated as a civil matter, and the owner must file an unlawful detainer action in circuit court (or use the misdemeanor criminal-eviction tool under Ark. Code § 18-16-101 after a 10-day notice to vacate) to obtain a writ of possession for the sheriff to execute.
This information is provided for general educational purposes only and does not constitute legal advice. Adverse possession claims are highly fact-specific. Consult a licensed attorney in the relevant state before relying on this information.