Adverse possession—sometimes called squatter's rights—occurs when a person or entity who does not own a certain piece of real property occupies or uses it in a way that is adverse to the owner of the property—meaning the use is in conflict or at odds with the property owner’s interests.
If this adverse possession or use of the property meets the legal standard for adverse possession—often described as use that is continuous, exclusive, hostile, open, and notorious—and continues for the prescribed period of time (usually specified in the state statute)—the person or entity adversely possessing or using the property will acquire ownership of the property (title). This ownership will result in the changing of boundary lines.
Because the required adverse possession must be open, obvious, and adverse to the owner’s interests, title may only be acquired by adverse possession to the portion of property that is used in that way.
Adverse possession laws vary from state to state and may be located in a state’s court opinions (also known as common law or case law) or, more often, in its statutes.
In Arkansas, adverse possession laws allow a person to claim ownership of a property if they have occupied it in a manner that is hostile, actual, exclusive, open, and notorious for a continuous period. The statutory period required for adverse possession in Arkansas is seven years under Ark. Code Ann. § 18-11-106, provided the possessor has a color of title (a claim to title that appears valid but may be legally defective) and pays property taxes during that time. Without color of title, the period extends to fifteen years. Adverse possession claims can be complex, and the specific circumstances of each case can affect the outcome. Therefore, it is advisable for individuals involved in adverse possession disputes to consult with an attorney to understand their rights and obligations under Arkansas law.