Best Neighborhoods In Dallas To Buy A House: Luxury Communities And Safest Places
March 21, 2025
Read MoreKey takeaways:
- Squatters may be able to claim ownership of a property in Texas through adverse possession laws, whereby occupants must meet strict legal requirements.
- Squatting is different from trespassing, with distinct legal consequences, and regular property inspections and legal documentation can help prevent squatting.
- Property owners must follow legal procedures to evict squatters, and law enforcement can only intervent under certain circumstances.
- We are trusted investor-friendly real estate agents who understand the squatting policies of different Texas cities, so we can advise property investors on these matters.
Squatters Rights Texas
Squatters rights in Texas are also known as adverse possession laws. They permit individuals to claim ownership of a property under very specific legal criteria. Unlike outright trespassing, squatting can grant legal protections over time. Texas squatters laws are intended to balance property rights and prevent abandoned properties from remaining permanently unused.
Historically, squatters’ rights evolved from laws that encouraged land use and development. The goal was to ensure vacant properties don’t become a hazard. Compared to many states, the requirements in Texas are relatively strict for squatters to gain property ownership. For instance, they must:
- Prove continuous occupation
- Keep up with potential tax payments
Many property owners are unaware of these laws until squatters appear on their land. It’s important for property investors to understand Texas squatter rights when investing in Texas real estate, as it will allow them to take preventative measures.
Wherever you are dealing with squatters, make sure you know how Texas laws regulate legal ownership.
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What Are The Squatting Laws In Texas?
Squatting laws in Texas define the legal framework for adverse protection. They determine when a squatter might gain rights over a property. Texas law draws a line between squatting and trespassing – the former can potentially lead to legal property claims under specific legal conditions.
Under squatting laws in Texas, a person must:
- Occupy a property openly, continuously, and exclusively.
- This must be for a set period – typically 3, 5, or 10 years, depending on circumstances.
Anyone who squats without meeting these requirements is considered a trespasser, which is illegal. Though there is no comprehensive data on squatting in Texas, there were at least 475 cases in the Dallas-Fort Worth area in 2024. If a squatter can prove legitimate efforts to maintain or improve the property, they may gain legal protections.
Texas squatting laws exist to prevent property neglect and ensure owners retain their rights. Understand these laws to safeguard your investments.
How Does Adverse Possession Apply To Squatters In Texas?
Adverse possession is a legal doctrine that allows squatters to claim property ownership in Texas if they meet specific conditions. There are 5 key requirements a squatter must meet to qualify:
- Continuous possession
- Open and notorious occupation
- Exclusive use
- Hostile possession (without the owner’s permission)
- Adherence to the statutory timeframe
In Texas, there are different timeframes for a claim of adverse possession. Within 3 years, you will need a valid claim of title. For 5 years, you will need tax payments and a registered deed. And, for 10 years, continuous, exclusive use is required.
Squatters have to demonstrate active use of a property, such as living there or making improvements. Adverse possession laws in Texas are very strict, so only people who genuinely maintain and care for the property must claim ownership.
As a property investor, find an investor-friendly real estate agent to advise on preventing this. It’s important to regularly inspect vacant properties and take legal action if you suspect someone is attempting to claim ownership through adverse possession.
How Do Squatters Claim Property In Texas?
In Texas, squatters can claim property ownership through adverse possession, but there are strict legal criteria for this. To successfully claim property, a squatter has to occupy the land continuously, exclusively, and openly for a period of 3, 5, or 10 years, depending on circumstances. That possession must be defined as “hostile”, meaning that occupation of the property is done without the owner’s permission.
One key factor in establishing ownership is paying property taxes. Under the 5-year adverse possession rule, the squatter must prove that they have consistently made tax payments and filed a deed. Under the 10-year rule, tax payments are not required, but uninterrupted use is mandated. If a squatter maintains or improves the property, their claim may be stronger. The “color of title” doctrine may also help, wherein the squatter believes they have a rightful claim even with flawed documentation.
Difference Between A Squatter And A Trespasser In Texas?
Squatting and trespassing both involve occupying a property without permission, but they are different things under Texas law. The key distinction is intent and duration, as a trespasser may briefly enter a property without planning to stay, while a squatter resides there long-term.
- Trespassers: These people enter a property unlawfully and with no intention to claim ownership. This is a criminal offense, whereby property owners can call law enforcement for immediate removal.
- Squatters: These people occupy a vacant property for an extended period and may attempt to claim ownership through adverse possession. This can become a civil matter that requires eviction rather than law enforcement intervention.
Now is a good time to buy a house in Texas as an investor, but you should be aware of laws around squatting. Learn to distinguish between trespassers and squatters to take the appropriate legal action to protect your property.
How Can Property Owners Remove Squatters In Texas?
There are specific legal steps for property owners in Texas to remove squatters. Texas law does not allow self-help evictions, so owners cannot forcibly remove squatters from their properties without due process. Instead, you must follow the proper method, which involves filing for eviction:
- Serve an eviction notice: Property owners have to give a formal 3-day notice to vacate before filing an eviction lawsuit.
- File for a forcible detainer: If squatters refuse to leave, the owner must file for eviction in court.
- Attend court proceedings: If the court rules in the owner’s favor, the squatter will get a set period to vacate.
- Obtain a writ of possession: If the squatter still refuses to leave, law enforcement can remove them.
This eviction process can take weeks or months. Texas is a landlord-friendly state, but you must act promptly and within the law. We recommend enacting regular property inspections and securing your vacant properties to prevent squatters gaining access.
How Can Property Owners Prevent Squatters In Texas?
Preventing squatters is crucial for Texas property owners, particularly those with vacant homes or rental properties. The best deterrent is to carry out regular property inspections – this will help identify and remove unauthorized occupants quickly.
Here are some other tips to prevent squatting:
- Secure entry points: Lock doors, windows, and gates.
- Install security cameras: Surveillance is a major deterrent.
- Post “No Trespassing” signs: This will strengthen trespassing claims.
- Monitor property taxes: Make sure squatters can’t use tax payments to claim ownership.
- Hire property managers: These people can help oversee security.
Squatters who are found early can be issued with a formal warning to prevent them from establishing legal rights. Choose us as your expert investor-friendly real estate agents in Texas to ensure you obtain and secure properties the right way, ensuring squatters never become an issue.
Can Police Remove Squatters In Texas?
Police are only able to remove squatters in Texas in certain situations. If a squatter is trespassing, meaning they entered the property recently without legal justification, law enforcement can intervene right away. However, if the squatter has been there for an extended period of time, the case becomes a civil matter and eviction proceedings are needed.
A recent survey by the National Rental Home Council revealed that Dallas had more squatters than most other U.S. metropolitan areas. Texas law distinguishes between criminal trespassing and civil squatting. An individual often cannot be removed by police if they have things like:
- Utility bills
- Other proof of residence
This is when the property owner must begin the legal eviction process.
For best results, report squatters as soon as they are discovered. If police are not able to intervene, you must file for an eviction lawsuit. We recommend that you take steps to secure your properties and work with experienced real estate professionals to prevent squatters and avoid complications.
How Long Does It Take For Squatters To Claim Rights In Texas?
In Texas, squatters can claim adverse possession after a minimum of 3, 5, or 10 years depending on the circumstances. Obviously, the fastest route is the 3-year rule, which requires a legitimate claim of title. However, this is rare and difficult to prove.
It is more common for squatters to claim ownership under the 5-year rule. To do this, they must provide evidence of continuous property tax payments and a filed deed. Without these documents, the only option is the 10-year rule, which requires only continuous, exclusive occupation.
When property owners find the best places to invest in Houston and other Texas cities, they should actively monitor their land. Take legal action quickly if squatters appear to prevent them from establishing rights. The key is regular inspection and swift legal action if someone attempts to claim ownership.
Investors should work with real estate professionals to ensure their properties are legally secure at all times.
Do Squatters Have Legal Protections In Texas?
Squatters do have some legal protections in Texas, but they are limited. A squatter must meet the criteria for adverse possession in order to gain ownership rights over time. They may also be protected against immediate removal if they have established residency, at which point legal eviction will be needed.
Texas property owners have strong rights to reclaim their land. Squatters have to prove continuous occupation, and failing to meet legal requirements means they are defined as trespassers. There are no protections in the law for professional squatters, meaning those who illegally occupy multiple properties for their own personal gain.
Squatters cannot be forcibly removed without an eviction order, but property owners who act quickly with legal action can prevent long-term issues. Texas real estate investors should stay informed on squatters rights, work closely with legal professionals, and take preventative measures to protect their properties.
What Are Squatters Rights In Major Texas Cities?
Squatting laws in Texas vary a little across major cities like Houston, Dallas, Austin, and San Antonio. Local ordinances in these cities influence how cases of squatting are handled:
- Houston: Strong property rights mean police often intervene in clear cases of trespassing. However, a squatter with proof of residence will require a formal eviction.
- Dallas: Property laws are enforced strictly here, but lengthy eviction processes can allow squatters to remain in properties for months.
- Austin: Progressive housing policies may delay evictions, so preventative measures are important for property investors.
- San Antonio: Squatters here may claim rights if left unchecked, but the city’s policies allow for relatively swift legal action to remove them.
Regardless of the city, Texas property owners should be proactive in securing properties. Work with us as your investor-friendly real estate agent in Dallas and beyond to understand local squatting laws and protect your investments.
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