Squatter’s Rights in Texas

In Texas, squatters can claim legal ownership of property through adverse possession, though the process is complex and time-consuming. Depending on specific circumstances, the required continuous occupation period ranges from 3 to 10 years.

For adverse possession claims, squatters must meet several key requirements: hostile occupancy (without owner permission), open and notorious possession (visible occupation), exclusive possession (acting as the sole owner), and peaceful possession (without force or threats). The specific timeframe and conditions vary:

• 3 years: Squatters must occupy the property with “color of title” (an invalid title that appears legitimate).
• 5 years: Squatters must occupy the property under a registered deed, pay all property taxes, and cultivate or use the land.
• 10 years: Squatters must occupy and improve the land (limited to properties under 160 acres), with no title or deed necessary.

While squatters don’t have the right to occupy property without permission, they can legally remain until properly evicted. Property owners must follow a specific legal process to remove squatters: issue a written Notice to Vacate (minimum 3 days), file an eviction lawsuit if they don’t leave, and obtain a Writ of Possession authorizing law enforcement to remove them after another notice and 24-hour waiting period.

To prevent squatting, property owners should secure unoccupied properties, maintain a “lived-in” appearance, install security systems, and ask neighbors to report suspicious activity. Court backlogs often delay eviction hearings, so landlords should begin legal proceedings immediately upon discovering squatters.