Yes, squatting in Alabama is illegal but prosecuted inconsistently due to property law nuances and local enforcement gaps. Civil eviction remains the primary remedy, though criminal trespass charges may apply under specific conditions. Recent 2026 Alabama Code revisions (Act 2025-412) tighten penalties for unauthorized occupancy of vacant structures, aligning with federal HUD anti-squatting directives targeting blighted urban areas like Birmingham’s Ensley district.
Key Regulations for Squatting in Alabama
- Criminal Trespass (Ala. Code § 13A-7-4): Unauthorized entry onto posted or enclosed property constitutes a Class C misdemeanor, escalating to a Class B felony if structures are damaged or occupied for >30 days. Jefferson County Sheriff’s Office now logs such offenses under 2026’s “Anti-Squat Initiative.”
- Adverse Possession Barriers (Ala. Code § 6-5-200): Squatters cannot claim title via adverse possession unless they demonstrate continuous, hostile, open, and notorious occupation for 20 years—Alabama’s strictest statutory threshold, rarely satisfied in urban contexts.
- Landlord-Tenant Act Exclusions (Ala. Code § 35-9A-420): Tenants retaining possession post-lease expiration face immediate eviction under forcible detainer statutes, but squatters lacking any tenancy agreement fall under criminal law, creating jurisdictional overlap managed by municipal courts in Mobile and Huntsville.
Local ordinances further restrict squatting in foreclosed properties; Montgomery’s 2025 “Blight Enforcement Task Force” seizes such structures within 72 hours of complaint. Property owners must file for ejectment in district court, bypassing self-help measures outlawed under Alabama’s 2023 “Anti-Squatter Act.” Failure to comply risks fines up to $5,000 under municipal nuisance codes.