How to Remove a Squatter from Property in Arkansas: FAQ

Short answer: If someone is squatting in your Arkansas property before it’s sold, you generally must use the civil eviction (forcible entry and detainer) process or criminal trespass remedies rather than using self-help. Follow the legal steps to regain possession, document everything, and consider hiring a local attorney experienced in Arkansas real estate and eviction law.

Detailed answer — step‑by‑step under Arkansas law

This section explains what typically happens and the lawful ways to remove a squatter from real property in Arkansas. This is a general explanation — facts can change the best approach.

1. Understand who you are dealing with: squatter vs. tenant vs. licensee

• Squatter (unauthorized occupant): a person living on the property without your permission and with no written lease.
• Tenant (with a lease): has contractual rights; different notice and eviction procedures apply.
• Licensee or guest: permission to be on the property may be revocable immediately, but proof matters.

Determining the occupant’s status is the first critical step because it affects notice requirements and the legal remedy you must use.

2. Do NOT use self-help to eject them

In Arkansas, changing locks, removing the occupant’s property, or using force to remove someone can expose you to criminal charges and civil liability. Always use the court process unless there is an immediate, violent emergency and law enforcement is present.

3. Consider calling law enforcement (criminal trespass) only in appropriate situations

If the person is clearly trespassing (no permission, not a tenant), the police may be able to remove them immediately for criminal trespass or related offenses, especially if the occupant is causing a disturbance or there is recent, clear evidence they are not authorized to be on the property. Police response varies by jurisdiction; officers often will not remove an occupant if the dispute is a civil possession issue or if the person claims tenancy.

4. The civil route: Forcible entry and detainer / eviction action

If law enforcement won’t or can’t remove the occupant, you must file a civil forcible entry and detainer (eviction) action in the appropriate Arkansas court (usually the district or city court where the property sits). The normal steps are:

1. File a complaint for possession (forcible entry and detainer) with the court and pay required filing fees.
2. Serve the occupant with the summons and complaint according to Arkansas service rules (personal service or other authorized methods).
3. The occupant has an opportunity to appear and defend. If you prove you are entitled to possession, the court will enter judgment for possession.
4. After judgment, obtain and deliver a writ of possession or writ of restitution to the county sheriff or constable. The sheriff will schedule and carry out the physical removal if the occupant still refuses to leave.

After the sheriff removes the occupant, follow local rules for handling any personal property left behind — Arkansas has rules about abandonment and storage you should follow to avoid claims.

5. Adverse possession (long‑term risk) — know the elements

Someone who openly and continuously occupies property for the statutory period and meets the legal elements may try to claim ownership by adverse possession. Adverse possession requires possession that is hostile (without permission), actual, open and notorious, exclusive, and continuous for the required statutory period. Whether the occupant can make an adverse possession claim depends on the length and nature of occupancy and other facts. If you find a long‑term occupant, consult an attorney promptly to protect title and interrupt any adverse possession claim.

6. Timing and practical points if you plan to sell

• A squatter can derail or delay a sale; most buyers and title companies will not close while an occupant’s claim to possession is unresolved.
• Title insurance companies may require a court order removing the occupant or a quiet title action in complex cases before insuring a buyer’s title.
• If you are under contract to sell, notify your buyer and their lender and work with your attorney to expedite removal or obtain appropriate court relief.

7. Evidence to gather

Before or during any legal process, assemble documentation to support your ownership and right to possession: deed/title, tax bills, utility records, photos and video showing entry/occupancy dates, communications with the occupant, witness statements, and any lease or permission documents if relevant.

Statutes and official Arkansas resources

General Arkansas resources (official):

• Arkansas General Assembly (state statutes and code): https://www.arkleg.state.ar.us/
• Arkansas Courts — Self-help and civil forms (information on eviction/forcible entry and detainer in Arkansas state courts): https://www.arcourts.gov/self-help

Because procedural rules and local practices vary, consult the court clerk in the county where the property is located for specific filing forms and local rules.

When to hire an Arkansas attorney

Hire a local real estate or landlord–tenant attorney if any of the following apply:

• The occupant claims tenancy or has a written or oral lease.
• The occupant has lived on the property for a long time or asserts ownership (possible adverse possession).
• You need to close a sale quickly or a title company requires a court order.
• The occupant is contesting the eviction or the facts are disputed.

An attorney can file the eviction action, handle service and court hearings, advise on interrupting adverse possession, and coordinate with the sheriff for removal.

Helpful Hints

• Do not change locks or remove possessions yourself — use the eviction process.
• Act quickly: prompt, documented action reduces the risk of adverse possession claims and buyer delays.
• Keep careful records — photos with timestamps, notices given, and written communication help in court.
• Talk to the county sheriff or constable about their procedures for executing writs of possession.
• If selling, notify your buyer and title company immediately and get an attorney involved to avoid closing delays.
• Consider alternative resolutions (written vacate agreement with a deadline, relocation assistance) only after consulting counsel; any deal should be written and signed.
• Criminal trespass may be appropriate in some situations, but police typically treat these disputes as civil unless there is threat, violence, or a clear criminal violation.

Final steps and contacting counsel

To remove a squatter from Arkansas property, plan to use the forcible entry and detainer (eviction) process or criminal remedies when appropriate. Contact a local attorney for tailored guidance and to assure compliance with state and local rules. If you cannot afford an attorney, some county court clerks and legal aid organizations can point you toward forms and low‑cost help.

Disclaimer: This article is for general informational purposes only and is not legal advice. It does not create an attorney–client relationship. Laws change, and the facts of any particular situation can alter the outcome. Consult a licensed Arkansas attorney about your specific case before taking action.