Last updated on January 28th, 2026 at 06:46 am
Definition of a Squatter
A squatter is someone who lives on a property without the owner’s okay. They do not own the place, have no lease, and didn’t get permission to be there. But here’s where it gets tricky: even though squatting seems illegal, these folks can sometimes gain legal rights to stay.
Squatters’ Rights in Texas
Understanding new 2025 laws and adverse possession changes under Governor Abbott
What Changed in 2025?
Governor Greg Abbott signed two groundbreaking bills into law in August 2025 that fundamentally change how Texas handles squatters. Senate Bill 1333 and Senate Bill 38 give property owners significantly more power to remove unauthorized occupants quickly while maintaining protections for legitimate tenants.
The most dramatic change allows sheriffs and constables to remove squatters immediately with a sworn complaint from the property owner – no court hearing required first.
• Law enforcement can now remove squatters directly without court process
• Property owner submits sworn complaint to sheriff or constable
• Officers verify ownership and serve immediate demand to vacate
• Criminal classification: Squatting is now a criminal offense, not just civil
• Enhanced penalties for fraudulent leases or fake ownership documents
• Using fake documents to claim property is now a felony
Important: This only applies to “true squatters” – people who never had legal right to occupy the property. Current or former tenants must still go through normal eviction process.
Streamlines the eviction process with faster timelines and clearer procedures.
• Courts must hold trial within 10-21 days of eviction filing
• Summary disposition option: judges can rule without full hearing in clear cases
• Electronic delivery of eviction notices now allowed
• Appeals require sworn statement that appeal is made in good faith
• Clarified venue requirements: file where property is located
• Standardized timelines across all Texas courts
The goal is to prevent squatters from dragging out proceedings for months through legal delays and appeals.
While the new laws make removal much faster, the legal doctrine of adverse possession remains on the books. To claim property through adverse possession in Texas, a squatter must occupy it continuously for:
• 5 years with payment of property taxes
• 10 years in other cases
Reality Check: With SB 1333 and SB 38, squatters can now be removed in days or weeks, making it nearly impossible to meet the continuous occupation requirement for adverse possession.
For adverse possession to be valid (if a squatter somehow avoids removal), the occupation must still be:
• Exclusive (squatter acts as sole occupant)
• Open & notorious (visible to anyone)
• Actual (physically present, living there)
• Continuous (uninterrupted for required years)
Path 1: Law Enforcement Removal (SB 1333) – For True Squatters
Submit Sworn Complaint
File with local sheriff or constable with proof of ownership
Officer Verification
Law enforcement verifies ownership documents
Immediate Demand to Vacate
Officer serves notice to squatter to leave immediately
Physical Removal
If squatter refuses, officer removes them and their belongings
Path 2: Court Eviction (SB 38) – For Tenants or Disputed Cases
Send Eviction Notice
Provide written notice to vacate (can now be electronic)
File Forcible Detainer
Submit at justice of the peace court where property is located
Fast-Track Trial
Court must hold trial within 10-21 days of filing
Judgment & Writ
Judge may issue summary disposition or hold brief hearing
Sheriff Enforcement
Law enforcement removes occupant if they don’t leave
Even with stronger laws, prevention remains the best strategy:
• Install good locks on all doors and windows
• Set up security cameras or alarm systems
• Use lights on timers inside the house
• Ask neighbors to report any suspicious activity
• Keep the yard maintained and clean
• Visit your property regularly
• Consider hiring a property manager for long absences
• Keep all ownership documents organized and accessible
• Document the vacant status with photos and timestamps
Never attempt self-help evictions: Even under the new laws, property owners cannot forcibly remove squatters themselves, shut off utilities, or change locks while people are inside. This can result in criminal charges against the property owner.
Tenant protections remain: If someone has or had a valid lease, they must go through the court eviction process under SB 38. The fast-track SB 1333 removal only applies to unauthorized occupants who never had legal right to be there.
Document everything: Keep records of all communications, ownership proof, photos of unauthorized entry, and any fake documents presented by squatters.
Bottom Line
So, squatters have a way to claim land in Texas after staying there for some time. They need to follow many steps and show they took care of the place. It’s not easy, and most don’t make it through.
For homeowners, knowing these rules helps keep their property safe. If you have a home you own and want to sell it fast, send us a message today.
Just keep an eye out and take action fast if you see someone staying on your land without permission. This way, both sides know what’s up from the start.