When someone occupies home minus the owner's permission, they are considered a squatter. Squatting is illegal in every state in the US, including Arkansas, but in certain situations, squatters might be granted legal rights referred to as "squatters rights." As a homeowner, understanding these laws is essential. In this post, we'll dive deep into everything one needs to learn about arkansas squatters rights.
What Are Squatters Rights?
Squatters' rights are legal rights that provide certain protections to someone who occupies home without the owner's permission. These rights are based on the legal principle of adverse possession. It indicates if a person possesses the property for a particular period, they could claim ownership of the property.
Are Squatters Rights Legal in Arkansas?
Unlike some states that have specific laws that recognize and protect squatters' rights, Arkansas does not have any such laws. So, technically, squatters don't have any legal rights to claim a property. However, squatters may manage to claim adverse possession of home under certain circumstances.
Requirements for Adverse Possession
To claim adverse possession in Arkansas, the patient must meet specific requirements. Firstly, the squatter must occupy the property continuously, without interruption, for seven years to claim adverse possession. They should also use the property openly, as if they're the rightful owner, without any consent from the owner. Lastly, the ownership claim of a squatter ought to be "hostile." It indicates the squatter should don't have any relation with the dog owner, and the dog owner should not permit the squatter to utilize the property.
What Should You Do If Someone is Squatting on Your Property?
As a house owner in Arkansas, you are entitled to guard your property. If you learn someone is squatting on your own property, you should take immediate action. The first faltering step is to serve the squatter with a notice to vacate. If they won't leave, you might file legal proceedings against them. It's also wise to secure the property to prevent any further invasion by the squatter.
What Happens If Squatters Claim Adverse Possession of Your Property?
If a squatter claims ownership through adverse possession, they must meet specific legal requirements. The court will consider the circumstances under which the squatter occupied the property and how they used it. It's important to note that the burden of proof is on the squatter to establish they meet all the requirements for adverse possession. If the court finds they've not met the requirements, the property owner retains ownership. However, if the squatter is successful in claiming adverse possession, the dog owner may lose ownership of the property entirely.
Conclusion:
Squatters rights are a sophisticated subject and could be a source of stress for property owners. As a homeowner in Arkansas, you must understand the state's laws on adverse possession and take immediate action if someone is squatting in your property. Keeping your property secure and taking legal counsel quickly can help you in cases where squatters attempt to claim ownership of one's property. Remember, prevention is obviously much better than cure. So, it's advisable to take any necessary precautions to safeguard your property.