Squatters Rights in Texas. Everything you Need to Know.

Squatters rights in Texas give certain opportunities to a squatter in order to gain title or possession of a vacant property if they meet the minimum requirements.

For that reason, if you have rental property in Texas, it is important to be prepared, educated, and know this information to possibly avoid a lengthy and costly situation.

In this article, we will highlight what a squatter is, how squatters rights in Texas work, and what you can do to protect your property from a squatter.

First…

What is a Squatter?

A squatter is an individual or group of individuals that take up residence in a home, building, or piece of land, intending to permanently use the property without any legal permission from the property’s owner.

Notice that to be considered a squatter, the person must have the intention to live on the property as if it were their own.

Some squatters eventually gain legal title to the property through adverse possession. 

Adverse possession is the process that allows the squatter to become the owner of the property after they have met the minimal requirements and have presented their case in front of a county court in Texas.

What is the Difference Between a Squatter and a Trespasser?

As a property owner, it is important to know that a squatter and a trespasser are not the same thing.

A trespasser is someone that knowingly enters someone’s house, building, or land without permission or authorization.

Note that the trespasser has to know that they are entering the property without permission and someone unknowingly wandering into a piece of land while on a hike may not be considered a trespasser because they were unaware that they were trespassing on someone else’s property.

Trespassing is considered a criminal offense, thus once it is determined that a person is a trespasser, that person can be dealt with by the Sheriff’s office.

On the other hand, a squatter is someone that has taken up residence on someone else’s property and has the intention of living there as if they were the owner.

A clear example of a squatter that was NOT a trespasser is someone that was once a tenant but failed to pay the rent and is now being evicted. If this person decides to stay in the property and not move out as they are being asked to, they are now considered a squatter.

At this point, unlike trespassing, which is criminal, the squatter now needs to be handled by the court system, and the case is now considered a civil matter.

What is Adverse Possession?

The terms adverse possession and squatters rights are often used interchangeably because adverse possession is the set of legalities that give a squatter the right to gain the legal title of a property after they have occupied that property and met the legal requirements to become the owner.

Someone seeking title by exercising adverse possession is also known as a disseisor. A disseisor is someone that claims that they have been able to dispossess the true owner of the property and claim to now have a legal claim to the title of such property.

There are a few minimum elements a disseisor must prove to claim the legal title of a property and exercise their squatters rights in Texas.

Adverse Possession Elements

Before someone can claim legal title to a property through adverse possession in most states, as well as in Texas, this person must meet these basic elements:

Exclusive Use

For adverse possession to take place, the squatter or disseisor must exercise exclusive use of the property as if it was their own. This means that the disseisor must act like the owner of the property and possibly keep out and remove trespassers, other potential squatters, and even the true owner of the property.  The use of the property must be exclusive.

Actual Possession

Actual possession of the property dictates that the disseisor must use the property as an owner would and effectively maintain and/or make improvements to the land or building. Examples of this would be mowing the lawn, landscaping, changing locks, or harvesting the land.

Open and Notorious

The disseisor must not hide the use of the property and must occupy it in a way that can be seen by the public or the legal owner. An example of this would be exiting and entering through the front door as a regular owner would.

Hostile

This element can be interpreted somewhat differently by each state’s squatter laws but at a minimum, to meet this element, the disseisor must have entered the property or must use the property without permission from the true owner.

The hostility part of this element does not necessarily mean that there must be confrontation or violence between the disseisor and the true owner. It simply mandates that the disseisor’s motivations must be against the true owner’s claim to the property.

Continuous Use

Lastly, adverse possession can only take place if the disseisor or squatter uses the property continuously for the entire duration of the statute of limitations. This means that the person claiming the right to the property must exercise the four elements above continuously through the time mandated by the state’s squatter laws.

Squatters Rights in Texas

For a person to claim squatters rights in Texas and gain ownership of a property through adverse possession, they must meet all of the above adverse possession elements, as well as meet additional time-specific requirements as stipulated by adverse possession laws in Texas.

A person claiming adverse possession in Texas must:

→ Meet all of the adverse possession elements mentioned above.

→ Have continuous possession of the property for a minimum of 10 years.

→ Timely pay the required state, county, or municipal property taxes for such property during the period in which the land has been occupied.

There are a few exceptions, that if met, can lower the time requirements to file adverse possession in Texas to 5 years instead of 10 years. For that, in addition to the above requirements, a squatter must:

→ Show proof of color of title for at least 3 years.

→ Make improvements to the property or cultivate the land.

→ Timely pay the required state, county, or municipal property taxes for such property during the period in which the land has been occupied.

For more information on squatters rights in Texas and adverse possession requirements and special exceptions, you can visit the Texas Constitution and Statues webpage and research the Property Code.

What is Color of Title?

Color of title is a term used in property law referring to someone’s claim to have possession of a document that grants them title to the property when in reality, they don’t hold title to the property or there is something specifically wrong with such document.

As an example, a deed that contains written errors or that is void may make it seem that someone has title to a property, but in reality, the deed does not grant ownership to this person.

Color of title is often mentioned in cases regarding adverse possession and real estate property claims because squatters can use color of title as a tool to give the appearance that they own the property and could use it to eventually gain legal possession of the real property in some states.

Squatters rights in Texas require someone to hold color of title for at least 3 years to qualify and file an adverse possession claim.

How to Remove Squatters in Texas

It is important to note, that squatters rights in Texas grant a squatter certain rights compared to a trespasser, and dealing with a squatter requires careful thought and action.

When dealing with a squatter or tenant that has taken possession of a property without the owner’s permission, it is recommended to consult an attorney that specializes in eviction law and has a vast knowledge of eviction laws and squatters rights in Texas.

However, eviction laws in Texas law do offer certain avenues a landlord or property manager can take to potentially remove a squatter from their property.

Let’s see…

Call the Sheriff

Although the sheriff’s office may be unable to remove the person from the property if the person taking possession of the property is considered a squatter and not a trespasser. Calling the sheriff is a good initial step because it logs a record of the incident and generates a report that the property owner can then show as evidence if the case escalates to the court system.

Serve a Notice to Vacate

During the eviction process, the property owner or manager must give notice to the person occupying the property before they can be legally removed. And even though at the early stages you may not be looking at a situation in which you have to involve the court system, if the squatter does not have a legal claim to the property through adverse possession or color of title, in Texas, a landlord or property manager can remove a squatter by serving them with a 3-Day Notice to Vacate.

Once the squatter has received the notice, they have 3 days to vacate the premises. If they choose to ignore the notice, the landlord may continue with the eviction process with the county court.

File a Forcible Detainer Suit

There are different cases for which a forcible detainer suit can be filed, but most commonly, a forcible detainer relates to cases in which a tenant is refusing to leave the property after the termination of the lease or breach of contract. Non-payment for example.

In these cases, eviction laws in Texas require the landlord to follow due process and file a forcible detainer suit with the judicial court. Once the court rules in favor of the landlord, a sheriff or a sheriff’s deputy can then physically remove the person from the property.

A forcible detainer suit usually moves faster through the court system and can provide a faster remedy to the situation, but keep in mind that this type of action only applies to certain situations and usually does not apply to a case in which a disseisor is claiming title or ownership of a property.

For more information on forcible detainers, see Chapter 24 of the Texas Property Code

Start a Judicial Proceeding

Evicting a squatter requires due process on the part of the landlord or property manager and requires a more careful approach.

As a property owner, you must meet Texas’s minimal notice requirements and serve the squatter with the appropriate notice (depending on the type of situation), along with the state’s mandated time for the tenant to vacate the premises.

If a squatter is claiming adverse possession and is refusing to leave the premises after the time allotted in the notice to vacate, then the next step would be to start proceedings in the county’s judicial court. This will initiate a hearing process in which the case will be presented in front of a judge and a ruling will be made based on the case details.

We recommend consulting an attorney with vast knowledge of property law in Texas to avoid possible legal recourses against you or the property.

How to Protect Your Property from Squatters

Protecting against squatters and trespassers comes down to attentiveness and diligence on the part of the property owner or the property manager.

Leaving a property unvisited and without regular maintenance for a long period of time can alert a squatter that the property is vacant, thus increasing the chances of a squatter situation.

And although the situation may not escalate all the way to someone claiming the title of the property, nobody wants someone living on their property without approval or paying rent.

Here are a few things you can do to protect your property from squatters:

Regular visits

it is recommended to visit and visually inspect the property often, especially if the property or piece of land is vacant.

Look for:

→ Signs of someone living in the property.

→ Open doors.

→ Open windows.

→ Leftover trash.

→ Water bottles left behind.

→ Signs of entry.

If the property is located far enough which prevents you from visiting frequently, it is also an option to exchange contact information with a neighbor that could potentially alert you of someone taking up residence in the property.

Have a Maintenance Schedule

Having a regular maintenance schedule can not only keep the property in pristine condition but it can also help deter a trespasser or squatter from taking up residence.

Having a properly maintained property gives the appearance that someone is already living in the property and deters possible squatters or trespassers.

Also, remember that for someone to claim title to the property through adverse possession, they must have exclusive use of the property and by maintaining the property, you are negating that element of adverse possession.

Record Keeping and Document Storage

As we have mentioned adverse possession laws in Texas require the disseisor to pay the property taxes and other fees to maintain the property. For that reason, keeping track of tax due dates and tax payment receipts can not only keep you organized but can also prevent someone else from paying the taxes on the property.

Additionally, it is very important to safeguard other important property documents like the property’s title and expense records. Keeping tidy property records is key in preventing possible scammers and squatters from getting a hold of these documents and using them against you.

Install an Alarm System

Having an alarm system installed can deter trespassers and squatters from potentially taking up residence in the home. An important first step in avoiding a squatter situation in the long run.

An alarm system can not only stop intruders in general, but if the home is vacant for a long time, it can stop someone at the first sign of entrance. This can make all the difference in determining if this person was simply a trespasser and not something more, like a squatter.

How PropertyCtrl Can Help Protect Your Property

PropertyCtrl offers a powerful and easy-to-use cloud-based property management software with tools and resources that empower you to take control of every aspect of your rental property.

This is how PropertyCtrl’s features can help you avoid a potential squatter or adverse possession situation.

The information provided on this website does not, and is not intended to, constitute as legal advice; instead, all information, content, and materials available on this site are for general informational purposes only.