Adverse Possession in Arkansas

What is Adverse Possession?

In everyday conversation, you may hear people speak about squatter’s rights. Generally what they are talking about from a legal perspective is the doctrine of adverse possession. It is through adverse possession that individuals can gain rights to a piece of real property through possession and/or use (as opposed to a regular transfer of ownership).

Requirements to Adverse Possess Property

Arkansas has a statute that establishes some of the requirements to legally establish adverse possession of a piece of property. Pursuant to A.C.A. § 18-11-106, the person claiming adverse possession must have actual or constructive possession of the property for seven (7) continuous years and pay the taxes on the property during that time.

The statute also requires that the claimant satisfy the common law elements of adverse possession. In order to do this, the claimant must show that his possession has been visible, notorious, distinct, exclusive, hostile, and with the intent to hold against the true owner. Importantly, the claimant must not be sharing the property with the true owner and must be on the property without permission of the owner. If you believe you may have a claim of adverse possession or have concerns about a potential claim against your property, then you should contact an attorney sooner rather than later to protect your rights.