When most people think of the term “squatters,” they see someone intruding, well, unwanted, into someone’s piece of property without any right whatsoever. On the contrary, squatters may have rights in the state of Texas, under certain circumstances, that enable them, with title, to lawfully take the real estate from ownership by adverse possession. Then, understanding claiming squatter rights in Texas would be of great interest to owners who are trying to protect their properties, and to squatters who believe they have the best reason to their possessions.
In this article, we will discuss in detail the procedure, legal requirements, and step-by-step procedure involved in seeking squatter’s rights in Texas victoriously. It thus brings to the organization all the complex issues that form the law dealing with the subject of squatters’ law-like an owner or one yearning to claim adverse possession.
Understanding Squatters Rights in Texas
Squatters’ rights fall under the legal concept of adverse possession, which allows a person to gain ownership of a property if they continuously occupy it and satisfy specific criteria spelled out by the law. Texas law has given specific guidelines for squatters, ensuring that only those who have truly made the property their home can claim it.
In Texas, unlike in some other states, the process of claiming squatters’ rights cannot be achieved just by moving in and waiting. Instead, you must meet certain other legal requirements, take certain actions, and in many cases, show that you have treated the property as your own.
Requirements to Claim Squatters Rights in Texas
To successfully file for squatters’ rights in Texas, a squatter must meet these legal conditions:
Actual Possession – The squatter must physically occupy the property and treat it as their own.
Open & Notorious Possession – The occupation must be obvious to anyone, including the rightful owner.
Exclusive Possession – The squatter must be the only person occupying the property, not sharing it with others.
Hostile Claim – This doesn’t mean aggression; it simply means the occupation is without the owner’s permission.
Continuous Possession – The squatter must live on the property for a required time without interruption.
If all these criteria are met, the squatter may then file for adverse possession.
The Time Periods for Adverse Possession in Texas
Texas law sets specific deadlines within which a squatter can apply for a squatter to file a claim of adverse possession. The prescriptive period varies greatly, depending on several characteristics:
3 Years with Color of Title – The squatter must possess an invalid deed or title that appears to be legally valid.
5 Years with Payment of Property Taxes – The squatter must occupy the property, pay property taxes for five consecutive years, and cultivate or maintain the land.
10 Years Without Color of Title or Tax Payments – If a squatter has lived on a property for 10 continuous years without paying taxes or possessing a title, they may still claim ownership.
How to File for Squatters Rights in Texas
If the squatter meets all the above conditions, he is entitled to claim squatters’ rights in Texas. How?
1. Gather Evidence of Continuous Possession
A squatter must show the acquisition of continuous possession of the property for the required period. Evidence could be:
- Utility bills in their name
- Maintenance and improvement records
- Photographs documenting occupancy
- Testimonies from neighbors
2. Pay Property Taxes (If Applicable)
If squatter is following the five-year rule, they need to produce evidence that they have been paying real estate taxes, to be able to rely on five years of payments. What must be produced is an extract from the tax office confirming such tax clearance.
3. File an Adverse Possession Claim
To establish ownership legally, the squatter should expose their case and negative nature to a court of law. Such a process could officially confirm the individuals as in possession.
4. Attend Court Hearings
Once the complaint has been filed, a judge will need to sift through documentary evidence to determine whether the squatter’s claim is substantive. The court may very well request additional evidence or consider the neighbor’s statements.
5. Receive the Court’s Decision
If the squatter’s case is successful, the court shall grant legal ownership of the land to the squatter, and he shall receive a valid title. If it is rejected, they must vacate the land.
Challenges & Risks of Filing for Squatters Rights in Texas
Given how simple the process might seem, squatter rights in Texas still pose some very real risks:
- Eviction – Property owners can start an eviction process before the squatter meets the time requirement.
- Legal Battles – Property owners may contest the claim, leading to lengthy and expensive court proceedings.
- Trespassing Charges – If a squatter cannot prove their claim, they may face legal consequences.
How Property Owners Can Prevent Squatting
Property owners seeking to ward off any unwanted claims of adverse possession really ought to follow the promotion:
- Conduct regular inspections of vacant properties.
- Secure properties with locks, fencing, and alarms.
- Post “No Trespassing” signs.
- Hire a property management company to monitor the premises.
What Happens if You Need to Remove a Squatter?
If a trespasser is occupying your property and does not have a valid adverse possession claim you can have them removed by:
- Serving an Eviction Notice – A 3-day notice is common in Texas.
- Filing for an Eviction Lawsuit – If the squatter does not leave voluntarily, take the case to court.
- Getting a Writ of Possession – This grants law enforcement the authority to remove the squatter.
If you are facing difficulties with squatters, consult a real estate attorney for legal guidance.
Need Help with Property Issues?
Knowledge regarding How to File for Squatters Rights in Texas is crucial for both squatters and property owners. The process can be complex, requiring continuous occupancy, tax payments, and a legal claim. Property owners looking to avoid adverse possession claims should take proactive measures to secure their property and act swiftly if squatters move in.
If squatters have made your property a burden and you’re looking for a quick, hassle-free sale, consider your options with Sell My House El Paso and get a fair cash offer today.