Arkansas Squatters Rights and Adverse Possession Laws (2026)

Arkansas requires 7 years of adverse possession under Ark. Code Ann. § 18-61-101. Since 1995, Ark. Code Ann. § 18-11-106 has also required color of title and payment of ad valorem taxes, in addition to the common-law elements rather than as an alternative to them. 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.

Common-law elements plus a statutory layer, not a choice between them

Arkansas adverse possession is cumulative. A claimant must prove the five common-law elements for 7 continuous years and also satisfy Ark. Code Ann. § 18-11-106. Section 18-11-106(a) is written in mandatory terms: to establish adverse possession, the claimant "must have" actual or constructive possession of the property being claimed and one of the listed color-of-title and tax combinations. Section 18-11-106(c) then provides that "[t]he requirements of this section are in addition to all other requirements for establishing adverse possession," and § 18-11-106(d)(1) adds that the section is supplemental to existing case law rather than a replacement for it.

What Ark. Code Ann. § 18-11-106 requires. On top of the common-law elements, the claimant must have actual or constructive possession of the land being claimed and either:

• Color of title to that land for at least 7 years, with ad valorem taxes paid on it during that time (§ 18-11-106(a)(1)(A)); or
• Color of title to contiguous land for at least 7 years, with ad valorem taxes paid on that contiguous land during that time (§ 18-11-106(a)(2)).

Color of title does not always require a deed. Under § 18-11-106(a)(1)(B), a claimant may establish color of title by paying the ad valorem taxes for at least 7 years on unimproved and unenclosed land, or 15 years on wild and unimproved land, provided the true owner has not also paid those taxes or made a bona fide good faith effort to pay them. Those periods establish color of title; they are not a second possession period. Separately, § 18-11-103 creates a presumption that a person who paid taxes on wild and unimproved land for 15 consecutive years held color of title, and § 18-11-102 deems unimproved and unenclosed land to be in the possession of a person with color of title who paid its taxes for 7 successive years. Section 18-11-106(d)(2) expressly preserves both presumptions, which long predate it.

Claims that vested before 1995. The color-of-title and tax requirements entered Arkansas law in 1995. As the Arkansas Court of Appeals described it in Stevens v. Hillenburg, 2024 Ark. App. 295, "In 1995, the General Assembly added the requirement that the claimant prove color of title and payment of taxes on the subject property or contiguous property for seven years to the existing common-law element of adverse possession." A claimant whose right to the disputed property vested before 1995 need not comply with that change (Stevens, 2024 Ark. App. 295, n.5, citing Collier v. Gilmore, 2018 Ark. App. 549, and Sutton v. Gardner, 2011 Ark. App. 737). That carve-out is the only route to a present-day Arkansas adverse possession claim carrying no tax-payment element, and it is narrow: it turns on when the claimant's right vested, not on which theory the claimant would prefer to argue.

Claimants exempt from property tax. Section 18-11-106(b) waives the tax-payment requirement for a person or entity exempt by law from paying ad valorem taxes. Such a claimant must still show possession plus at least 7 years of color of title to the claimed land or to contiguous land.

The five common-law elements

A claimant must establish all five of these 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.

Unless the claim vested before 1995, the claimant must also demonstrate color of title (a defective deed, improperly executed instrument, or other document appearing to convey title, or the tax payments that establish color of title under § 18-11-106(a)(1)(B)) and documented ad valorem tax payment for each year of the 7-year period, on the claimed land or on contiguous land.

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 demand for possession. Before filing suit, the property owner must provide the occupant with written notice to leave the premises. For an occupant with no rental agreement, Ark. Code Ann. § 18-60-304(2) requires a written demand for delivery or surrender of possession, but the statute does not specify a waiting period for this scenario. (The 3-day notice period in § 18-60-304(3) applies only when the occupant is a tenant who failed to pay rent.) 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 after receiving the written demand, 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.

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.

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.

More Arkansas Laws

• Arkansas Landlord-Tenant Laws