Last updated on December 23rd, 2024 at 07:08 am
Squatters’ rights in Texas, known as adverse possession, let someone claim land they’ve been living on without permission. To do this, they must stay there for 3 to 10 years, depending on a few things like if they pay taxes.
These laws aim to make sure land is used well and not left empty. Squatters can even become the owners if they follow specific steps, such as going to court. Getting rid of squatters requires legal action that can cost over $5,000 and involves many steps including formal notices and hearings.
There are ways to keep squatters away from your property which involve making your place secure and getting advice from lawyers about how to keep others off your land.
Understanding Squatters’ Rights in Texas
Squatters’ rights in Texas? Yep, they’re a thing. It all boils down to “adverse possession” – fancy talk for when someone else lives on your land and could end up owning it legally if they play their cards right.
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.
Yep, you heard that right. Over time, if they meet certain tough rules under “adverse possession,” they might just become the new owners.
Now, adverse possession sounds fancy but think of it as a way people can actually claim ownership of land they’ve been living on openly — without hiding it — for a long time (we’re talking years).
This doesn’t happen overnight and involves several steps like paying property taxes or acting like they truly own the spot. For homeowners thinking this sounds like something out of a movie – nope, it’s real life and happens more often than you’d think!
Overview of Adverse Possession Laws
Adverse possession laws in Texas let someone get legal ownership of land they’ve been using without the owner’s okay. “If you use it like you own it, you just might end up owning it.” It sounds a bit wild, but that’s how these laws work.
They make sure land isn’t wasted by being left unused. To claim a piece of property through adverse possession in Texas, there are some strict rules. For example, one has to treat the land like their own for a pretty long time—three years if they have something called color of title, which is kind of an official claim to the land.
If not, five years can do the trick if they’re actually treating the land as theirs and paying taxes on it.
This process involves court stuff too – filing papers and proving that all the conditions are met. And these conditions? They’re not simple checkboxes. One needs to have used the land openly so everyone could see (open and notorious possession), used it only for themselves (exclusive possession), really used it (actual possession), and kept this up without stopping for either three, five or ten years depending on their specific situation.
Key Requirements for Adverse Possession in Texas
Claiming a piece of property as your own in Texas isn’t as simple as just moving in and hoping no one notices. There are some pretty clear rules you have to follow, like acting like the place is yours and doing it so openly that anyone can see what’s going on.
Hostile Possession
Hostile possession means a squatter uses the land without the owner’s okay. They act like they own it, even though there is no lease agreement with the owner. This action goes against the real property owner’s rights.
The squatter does not ask for permission. They just start living on or using the land.
For a squatter to claim “squatter’s rights” in Texas, this kind of use has to happen for a while. It can’t be friendly; it must be without approval from the owner. Think of it as someone moving into an empty house and acting like they bought it, even when they didn’t talk to the person who really owns it.
Exclusive Possession
Exclusive possession means the squatter lives on the property alone. They keep others out, even the owner. This is a must for squatters’ rights in Texas. Think of it like this: if you’re not letting anyone else use or live on the property, it’s exclusive.
If you’ve got a fence around it and you’re the only one with keys, that’s as exclusive as it gets.
This rule helps stop just anyone from claiming they own someone else’s land. It makes sure that only those who truly act like owners can claim squatters’ rights.
Open and Notorious Possession
Open and notorious possession means everyone can see someone is living on the property. The person doesn’t hide it. They act like the real owner would. This makes others notice they are there.
It’s a key part of getting squatters’ rights in Texas. If no one can see the squatter, then they might not meet this rule.
For someone to claim a property through adverse possession, their stay must be obvious to anyone who looks. They use the land openly so even neighbors or people passing by know they’re there.
This is how law sees if the true owner had a chance to kick them out but didn’t do it.
Actual Possession
Shifting from the subject of open land usage, let’s discuss actual possession. This implies that the squatter actively uses the property as any homeowner would. They reside there and possibly even carry out maintenance tasks.
It’s as if they’re broadcasting a transparent message: “Hey, I’m here!”.
In Texas, it’s required for this to be valid, they can’t merely visit occasionally. They need to reside persistently. Consider it their primary residence where they live day after day.
If they persist without anyone asking them to vacate or causing them any issues, Texas law might just declare, “Well, it appears it’s now yours.” It’s imperative to know that this process takes years, not just a month or so.
Continuous Possession for a Specific Period
There is no specific law in Texas that allows squatters to claim ownership after 30 days. However, if a person occupies a property for 30 days, they may gain certain legal protections under tenant-landlord laws, which could make it more difficult to remove them through standard eviction procedures.
After you know about actual possession, it’s time to talk about how long someone must have a property before they can claim it. In Texas, squatters need to keep a property for 3-10 years to use squatter’s rights.
That sounds like a lot! But it changes based on what the person has done with the land.
For example, if someone has acted like they own the place and improved it—for 10 years—they might stake their claim under these rights. But there’s more. If this person paid taxes and maybe grew crops or fixed up an old house on that land?
Well, then they only need five years before saying “This is mine.” And if there’s some paperwork involved—like an almost-right lease showing they meant to own it—the period drops to three years.
So yes, from fixing fences to planting trees or even paying those annual tax bills—it all counts. Each action helps build a case for owning the land without ever buying it in traditional ways.
Quite a twist in property management tales, right?
Legal Process to Address Squatters
Kicking out squatters isn’t a walk in the park. You’ll need to follow steps like sending an eviction notice, getting a court order, and maybe even calling the sheriff to help.
Steps to Legally Remove a Squatter
Dealing with squatters can be tough for homeowners. Texas law has clear steps to remove them legally.
- Send a formal eviction notice. This is the first step in telling squatters they need to leave. Make sure it’s official and follows Texas rules.
- File a complaint of forcible detainer at your local justice of the peace court. This action says you want the court to help get your property back.
- Go to the court hearing. Here, you’ll need to show proof that you own the property and that the squatter doesn’t have a right to be there.
- Wait for a judgment from the judge. If they decide in your favor, you move on to getting back control of your property.
- Get a writ of possession from the court if needed. This paper gives law officers the power to make squatters leave.
- Law officers give squatters a 24-hour notice to vacate based on the writ of possession. It warns them it’s time to go or face removal by force.
Following these steps helps owners get their property back without breaking any laws themselves.
What to Do and What Not to Do When Evicting Squatters
Evicting squatters from your property can be tough. You must follow the right steps to make sure everything is legal.
- Always seek advice from a real estate lawyer first. They know the laws and can help you.
- File a notice to quit before you start the eviction. This gives squatters a chance to leave without trouble.
- Use the court system for eviction. Police can’t remove squatters, but sheriffs can after a court order.
- Post “no trespassing” signs around your property. It makes clear that no one should be there without permission.
- Never try to force squatters out by yourself. It could lead to legal problems for you.
- Do not shut off utilities in an attempt to make them leave. This could be illegal.
- Keep all records of communications with squatters and any actions taken against them.
- Avoid making verbal agreements with squatters; get everything in writing and approved by a court.
- Follow up with law enforcement regularly if you have started the legal eviction process.
Following these steps helps homeowners handle squatting issues correctly and legally, ensuring their property is protected without breaking the law.
Preventative Measures Against Squatting
Keeping squatters away means being one step ahead. Simple steps like setting up security systems and posting “no trespassing” signs can keep your place safe.
How to Secure a Vacant Property
Securing a vacant property is key to keeping it safe. Here’s how homeowners can protect their empty homes:
- Put up “no trespassing” signs around the property. This alerts people that entering the land without permission is not allowed.
- Lock all doors and windows tightly. Use deadbolts or security locks for extra safety.
- Install a security system with cameras and alarms. This can scare off squatters and alert you to any break-ins.
- Ask neighbors to keep an eye on the place. They can report any strange activities or problems they notice.
- Keep the yard clean and trimmed. A neat appearance shows that someone takes care of the property, even if it’s empty.
- Set up lights on timers inside the house. It makes it look like someone is home at night.
- Pay all your bills on time, like utilities, taxes, insurance, and mortgage to avoid legal issues.
- Regularly inspect the property yourself or hire someone to check it every now and then.
Next, let’s talk about what steps you need to take if squatters move into your property.
Legal Tips to Prevent Unauthorized Occupancy
Keeping squatters away means securing your property well. State lawmakers are looking at new ways to do this, just like in Florida and Georgia.
Here’s how you can keep squatters off your land:
- Use “no trespassing” signs. Make them big and clear.
- Lock up tight. Every door, window, or gate should have a good lock.
- Check on the place often. If you can’t, ask someone you trust to do it for you.
- Fence it in. A good fence makes it hard for squatters to get in.
- Install security cameras. They watch when you can’t.
- Keep lights on timers. It looks like someone is home.
- Meet the neighbors. They can help watch your property.
- Use alarm systems. They scare off trespassers fast.
- Keep the yard clean. Messy yards invite squatters.
- Hire a property manager if away long term.
Doing these things helps keep your place safe and squatter-free!
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.