Protecting a Lake House You Are Not Living In: Alabama's Squatter Law and the New Property Protection Act

A lot of the homes on Lake Wedowee sit empty for weeks at a time. The owners live in Atlanta or Birmingham or Auburn, they come up on weekends in the warm months, and from November to March some do not come at all. That is a normal way to own a lake house, and most of the time nothing goes wrong.

But an empty house is exposed in ways an occupied one is not, and two Alabama laws passed in the last few years speak to that. One, from 2024, gives an owner a faster way to get a squatter out. The other, the Property Protection Act, takes effect October 1, 2026 and is aimed at people selling or leasing property they do not own. If you own a place on the lake you are not living in full time, or you have inherited one, both are worth understanding.

This is information, not legal advice. If you are dealing with an actual occupant, a title question, or an estate, talk to an attorney.

Why seasonal lake homes are exposed

The things that make a lake house pleasant are the same things that make it a target. It is on a quiet road. The neighbors may also be weekenders. Mail and packages can sit. A dock and a boat lift signal that the owner has money in the place. And in winter, when Alabama Power lowers the lake (Lake Wedowee is officially the R.L. Harris Reservoir, and its summer pool of 793 feet drops to a winter pool of 785 feet between October 1 and November 30), whole coves go quiet for months.

The risks are not only break-ins. A frozen pipe in January can run for a week before anyone notices. A tree can come down on a roof. And, less often but more expensively, someone can move in, or list your house for rent or sale online without your knowledge.

The 2024 squatter law: an affidavit instead of a lawsuit

In 2024 the Legislature added a new chapter to the property code, Title 35, Chapter 9B, titled Squatting, to give owners a faster route than a court eviction in one specific situation.

Here is what the statute provides, as we read it. The owner of a dwelling, or the owner’s agent, may request the removal of an unauthorized individual by submitting a sworn affidavit to local law enforcement. The affidavit has to state, among other things, that the person entered and is remaining unlawfully, is not a tenant or holdover tenant, was asked to leave and refused, is not an immediate family member of the owner, and that there is no pending litigation about the dwelling between the two.

Law enforcement then verifies that the affiant is the record owner or the authorized agent, and after at least 24 hours serves a notice to immediately vacate, by hand delivery or by posting it on the front door. Officers may arrest anyone found in the dwelling for trespass, burglary, theft, or another crime, or on an outstanding warrant. The agency may charge a fee of not more than $50 to process the affidavit.

There are guardrails. Someone who knowingly provides a false affidavit can be prosecuted for false reporting to law enforcement. A person who is wrongfully removed can sue the affiant to get possession back and recover damages, including punitive damages of triple the fair market rent, plus costs and attorney fees. The affidavit is for a true squatter, not a tenant you are in a dispute with, and getting that wrong is expensive. If someone checking your house finds a stranger living in it, call the sheriff, and call your attorney before you sign anything.

The Property Protection Act: effective October 1, 2026

The second law addresses fraud rather than trespass. In the 2026 session the Legislature passed SB292, which the Alabama Association of Realtors reports was signed as Act 2026-536. It requires identity verification in transactions, establishes a statewide property alert system, creates a consumer complaint and recovery process, enhances criminal penalties, and provides a fast-track process to restore ownership and quiet title. According to a summary by Alabama law firm Greg Varner Law, the Act takes effect October 1, 2026.

We are describing the Act only as those two sources describe it; confirm the full text and how it will be applied with a closing attorney.

The Act focuses on what it treats as high-risk transactions: sales of property that is vacant or not owner-occupied and has no mortgage. That describes a large share of the houses on Lake Wedowee, especially paid-off second homes and inherited property.

In those transactions, the law firm’s summary says settlement agents must verify the seller’s identity, keep records showing they complied, and retain them for five years. Agents and brokers who list property for a seller they do not know and who is not physically present must obtain government-issued identification and proof of ownership. The stated target is online listing scams in which someone markets a property they do not own.

The Act also touches notaries. Under the summary, a notary may refuse to notarize if they suspect fraud, coercion, deception, duress, or lack of mental capacity, and remote notarizations must use two-way audio-video, verify a government ID, keep the recording, and have the signer physically located in the United States.

Two more pieces matter to owners. The Act authorizes probate judges to create property owner notification systems, so an owner can be alerted when a document affecting their property is recorded. And it creates new crimes for selling, leasing, or advertising residential property without lawful authority and for filing false documents in the property records, with enhanced penalties when the victim is elderly.

What this means if you are an absentee seller or an heir

If you plan to sell a Lake Wedowee house you do not live in and that has no mortgage, expect more paperwork than two years ago. Your listing agent will ask for ID and proof of ownership, especially if you are handling everything by phone and email from another state. The closing attorney will verify your identity and keep a record. None of this is aimed at you; it is aimed at the person pretending to be you.

If you have inherited a lake house, the Act is more directly relevant. The law firm’s summary notes that families with heirs’ property, meaning property passed down without a clear chain of title, are particularly vulnerable to fraud, and that the Act’s expedited quiet title process is meant to help rightful owners recover property faster. Our advice is the same as before the Act: get the estate settled and the deed in the right name before you try to sell. It makes the sale cleaner and fraud harder.

Once your county’s probate office offers a recording alert, sign up. We have not confirmed when Randolph County will have one running, so ask the probate judge’s office.

Practical steps between visits

The laws above are for when something has already gone wrong. Most of what protects a seasonal house is ordinary attention.

Have someone physically walk through the house on a schedule, monthly at minimum in winter. A walk-through catches leaks, pests, a failed HVAC, and signs of entry before a camera alert would.
Decide what to do with utilities. Some owners shut water off at the main and set the heat to a low hold; others leave everything on and rely on checks. Either way, make sure your checker knows where the main shutoff is.
Know your neighbors, and make sure they know how to reach you. A full-time neighbor with your cell number is the best security system on the lake.
Stop or forward the mail. A stuffed mailbox and packages on the porch announce that nobody is home.
Put cameras where they see the driveway and the dock, and test them from home; cell and internet coverage varies by cove here.
Read your insurance policy for vacancy or unoccupancy language. Many homeowner policies limit certain coverages when a house is empty for more than a stated number of days, and the number and consequences vary by carrier. Ask your agent what your policy says. We are not insurance professionals.
Keep your mailing address current with the county. If a tax notice goes to an old address, you will not see it.
After a storm, get someone out to look. Roof damage and downed trees on a dock are what we find most often.

What Lake Wedowee Home Management does

Terry started Lake Wedowee Home Management because so many of the people we helped buy on the lake asked the same question at closing: who is going to keep an eye on this place when we are not here?

The service handles regular home checks, coordinates repairs through local contractors we have worked with for years, looks after outdoor entertaining areas and docks, and offers after-the-storm checks. Owners can choose a yearly or seasonal plan. It is not a security company and not a substitute for insurance, an attorney, or the sheriff. It is a person who lives here, knows your house, and will notice when something is off.

If you own a place on Lake Wedowee that sits empty part of the year, or you have inherited one, give Terry a call at 404-317-5120 or reach us here. We are glad to walk through the house with you, talk about a check schedule, and point you to a good attorney if the questions go past what we can answer.