When you own property, no one can build or develop on that property without your permission—except when they claim adverse possession. In theory, someone can claim property through adverse possession if the property’s “real” owner doesn’t use it.
In Arkansas, adverse possession laws are similar to those throughout the rest of the United States, but there are some distinct differences to keep in mind. Here’s what you need to know about adverse possession of property in Arkansas and how to stop adverse possession of property you don’t visit or use very frequently.
What is Adverse Possession of Property?
Adverse possession is a distinct legal concept that was first created and implemented throughout early modern Europe. In those days, some individuals saw no reason for another person to retain possession of land if they neglected or forgot about it for extended periods of time, particularly if they weren’t the ones caring for it or using it.
In a nutshell, adverse possession means that a legal trespasser—such as a neighbor, stranger, or homeless individual—can gain a legal title over someone else’s land. Generally, this can happen only when:
- The land in question is unused or neglected (and can be proven so)
- The original owner of the land did not stop the trespasser from living on or using the land for a significant amount of time
For example, imagine that a homeless person moves onto a bare lot of land to set up a tent. They don’t legally own the land, but they live on that lot for two years before they are discovered. The land’s original owner never touched or developed the land, and forcing the homeless individual to leave the land would cause them unnecessary hardship. Because of these factors, the homeless person can claim adverse possession of the property and win its title.
Property owners in Arkansas need to know about this potential, particularly if they own a lot of land and may have many development projects running simultaneously.
Adverse Possession Laws in Arkansas
In Arkansas, common law created by Arkansas courts dictates specific elements and requirements that trespassers must establish in order to prove adverse possession. These are detailed and supplemented in state law.
How Can Someone Claim Property Under Adverse Possession Laws in Arkansas?
In order for someone to claim a property under adverse possession laws in Arkansas, the following conditions must be met:
- A trespasser has to occupy the property for at least seven successive (i.e., unbroken) years
- That trespasser must pay property taxes on the land
- The trespassing must be “hostile” (in a legal context, this means that the lawful owner of the land must not have given permission for the trespasser to live on or otherwise possess the land)
- The trespasser must be physically present and actively using the property
- The trespassing must be open and notorious (in other words, the trespasser must not make any attempt to hide from the lawful owner)
- The property must have been maintained in exclusive possession (i.e., the property can’t have been sold or traded to another owner)
- The trespasser must have a good faith belief that they are legally entitled to the property (this is sometimes referred to as “color of title”)
For instance, imagine someone purchases land next to a land developer and builds a garage just outside their property boundaries. For seven years, they use the garage, don’t attempt to hide from their neighbor, and pay property taxes as if they owned the extra space. Under these circumstances, the person who built the garage and trespassed on their neighbor could theoretically make an adverse possession claim. They might, for example, say that they have been allowed to use the land on which they built their garage for all those years, so there’s no reason for them to be booted from the property now.
Can Someone Claim Government Land This Way?
No, because government property is owned and possessed under special rules. Any property held by the Arkansas state, local government entities, or the federal government is immune to adverse possession claims.
Ending an Adverse Possession Claim
If you discover someone living on your property, or if you are made aware of an adverse possession claim, you can end that attempt with a quiet title action. A quiet title action involves asking the courts to clarify or “clean” a title so it’s clear who possesses the land in dispute.
For a quiet title action, you may need to prove that:
- You have a legal and reasonable claim to the property
- You are using the property or planning to do so
- The adverse possession claimant has not fulfilled the requirements for adverse possession in some way
Contact Milligan Law Offices for Help with Adverse Possession Laws in Arkansas
In these situations and more, it can be helpful to contact knowledgeable property law attorneys. The right lawyers can gather evidence for you, provide sound legal counsel, and break down your legal options in detail.
For instance, it may not be wise to sue a trespassing individual in some cases. In other situations, your attorneys can advise you as to whether an adverse possession claimant has a good case or if they don’t have any real legal evidence to stand on. Perhaps most importantly, knowledgeable lawyers can help file the right paperwork and help you fight back against negative adverse possession claims quickly.
On the other hand, if you want to make sure your adverse possession claim goes smoothly, experienced property attorneys can make sure that your claim is as strong as possible and help fight back against unreasonable claims that you are illegally trespassing on a property you’ve been using or living on for years.
Milligan Law Offices can help you right away in these circumstances and more. Get in touch for an initial consultation by calling us at (479) 783-2213 or by contacting us online.