Arkansas Squatters Rights and Adverse Possession Laws (2026)

Arkansas requires 7 years of adverse possession under Ark. Code Ann. § 18-61-101. A 2003 statutory overlay under Ark. Code Ann. §§ 18-11-102 and 18-11-106 adds color of title and payment of property taxes for the statutory claim. Landowners remove squatters through an unlawful detainer action filed in circuit court under Ark. Code Ann. § 18-60-301 et seq.

Information last verified on May 27, 2026. This article provides general legal information, not legal advice.

Jurisdiction scope: This page covers squatters rights and adverse possession law in Arkansas only. For a full 50-state comparison, see the national squatters rights guide.

Adverse Possession in Arkansas: Period and Elements

Arkansas gives property owners 7 years to challenge unauthorized occupation. Under Ark. Code Ann. § 18-61-101, no action to recover real property may be brought more than 7 years after the cause of action accrues. The 7-year clock starts running from the first day an occupant possesses the land without the true owner's permission.

Two tracks for adverse possession in Arkansas

Arkansas operates a two-track adverse possession system created by the interaction of the common-law rule and the 2003 statutory overlay.

Track 1 - Common-law adverse possession (Ark. Code Ann. § 18-61-101). The claimant must prove the five classic elements for 7 continuous years. Color of title and property tax payment are not required elements under the common-law track, though courts may consider tax payment as evidence that possession was sufficiently open and notorious.

Track 2 - Statutory adverse possession (Ark. Code Ann. §§ 18-11-102 and 18-11-106). The 2003 General Assembly enacted Act 1538, codified at §§ 18-11-102 and 18-11-106, which created an additional statutory basis for adverse possession claims. Under this track, a claimant must hold color of title and must have paid property taxes on the disputed land (or on contiguous land that includes the disputed parcel) for the 7-year period. Meeting the statutory track provides a cleaner evidentiary foundation and is the path courts most often analyze when a claimant holds a defective deed or recorded instrument.

The five common-law elements

Regardless of which track applies, a claimant must establish all five elements. Arkansas courts require clear and convincing proof of each:

1. Actual possession. The claimant must physically occupy and use the land in a manner consistent with its character, such as farming, fencing, building, or maintaining the property as an owner would.

2. Open and notorious possession. The occupation must be visible and obvious so that a reasonable inspection of the land would put the true owner on notice. Secretive or concealed use does not satisfy this element.

3. Exclusive possession. The claimant must hold the property for themselves. Shared use with the true owner or the general public defeats exclusivity.

4. Hostile possession. The claimant must possess the land without the owner's consent and in a manner that is inconsistent with the owner's title. Arkansas courts do not require proof of ill will; hostility means the possession is adverse to the owner's interests.

5. Continuous possession for 7 years. Possession must be uninterrupted for the full statutory period. Seasonal use may satisfy this element if that pattern is consistent with normal use of the land type. Successive possessors may tack their periods together if there is privity between them, such as a deed or direct transfer.

Under the statutory track, the claimant must also demonstrate color of title (a defective deed, improperly executed instrument, or other document appearing to convey title) and documented tax payment for each year of the 7-year period.

How to Remove a Squatter in Arkansas

Arkansas law requires property owners to use the court process to remove an unauthorized occupant. The applicable procedure is unlawful detainer under Ark. Code Ann. § 18-60-301 et seq., filed in the circuit court of the county where the property is located.

Step 1: Serve a written 3-day notice to vacate. Before filing suit, the property owner must provide the occupant with written notice to leave the premises. For an occupant with no rental agreement, the required notice period is 3 days under Ark. Code Ann. § 18-60-304. The notice must describe the property and demand that the occupant vacate. Service may be made personally, by leaving a copy at the premises, or by another method authorized under Arkansas law.

Step 2: File an unlawful detainer complaint in circuit court. If the occupant does not vacate within 3 days, the owner files a complaint for unlawful detainer in the circuit court of the county where the property is located. Arkansas circuit courts have jurisdiction over unlawful detainer actions under Ark. Code Ann. § 18-60-301. The complaint must allege that the defendant is unlawfully holding the property against the plaintiff's right of possession.

Step 3: Attend the hearing. The court schedules a hearing. The owner must appear and prove the right to possession. If the court finds in the owner's favor, it enters a judgment for restitution of the premises.

Step 4: Obtain a writ of possession. After judgment, the owner requests a writ of possession. The county sheriff, not the owner, executes the writ and physically removes the occupant if they have not already left voluntarily.

No expedited squatter-removal statute. As of May 27, 2026, Arkansas has not enacted a 2024-2025 expedited administrative squatter-removal law separate from the standard unlawful detainer process. Several other states passed such measures in 2023-2025; Arkansas has not followed. The § 18-60-301 process remains the required path.

No self-help removal is permitted. A property owner who changes locks, removes the occupant's belongings, shuts off utilities, or takes any other direct action without a court order risks civil liability. The unlawful detainer process under Ark. Code Ann. § 18-60-301 et seq. is the only lawful method.

Arkansas Squatters Rights FAQ

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Legal disclaimer: This page provides general legal information about Arkansas squatters rights and adverse possession law. It is not legal advice. Laws can change and individual circumstances vary. Consult a lawyer licensed to practice in Arkansas before taking any action related to adverse possession or the removal of an unauthorized occupant from your property.

Sources

For a full 50-state comparison, see the national squatters rights guide.

Last updated: May 27, 2026.

Statutes cited reflect their in-force version as of May 27, 2026.