Squatter laws in Texas: Rights of Squatters vs. Rights of Property Owners

Squatters do have rights in Texas, and those rights can intersect with property owners’ rights. A squatter is an individual who moves into a property without any legal right to that property and without the owner’s permission.

Squatters Rights

The legal term for squatters is adverse possession. In Texas, depending on the property, they may establish a potential right to a property after three, five, or ten years.

A squatter cannot simply go into a property and state that it now belongs to them. They must establish continuous possession and cannot have a valid lease or rental agreement with the owner.

The squatter must openly live on the property and must have exclusive possession. There’s no such thing as secret adverse possession: If neighbors aren’t aware someone is living on the property, adverse possession may not apply. If the squatter ends their residence on the property, the time requirement resets.

General requirements for establishing adverse possession:

• For the three-year requirement, the squatter has claimed ownership, or color of title, for that period without any breaks
• For the five-year requirement, the square has a recorded deed, paid property taxes, and cultivated the land
• For the ten-year requirement, the squatter has occupied the land if the land is less than 160 acres if open, but more if enclosed

Property Owners Rights

If someone is occupying their property without permission or any legal right, a property owner may bring suit to evict that person. Property owners should begin legal proceedings as soon as possible and be aware that they do have a limited time to file a lawsuit.

While it can be tempting to remove squatters forcibly, property owners should call the police or other local law enforcement. Allowing law enforcement to handle the situation reduces a property owner’s potential liability and establishes a paper trail. This paper trail can be especially beneficial if a case proceeds to court.

To evict a squatter, a property owner must file a formal eviction notice and follow the state’s requirements for evictions. If a squatter doesn’t leave even after the property owner follows the necessary steps, the property owner should contact law enforcement.

Hire a Skilled Property Lawyer Who Knows Texas

Adverse possession is a difficult area of law to navigate. If you have questions about establishing property ownership and safeguarding your rights, the attorneys at Manfred Law can help Texas. Call us at 713-547-5460 or contact us online to schedule your consultation.