Texas AI Overview:
Texas law does not grant squatters inherent rights but instead follows an "adverse possession" doctrine, where someone can claim ownership of abandoned property by meeting strict conditions of open, continuous, and exclusive possession for a set period, typically 3, 5, or 10 years. To remove a squatter, a property owner must pursue a formal eviction through the court system, starting with a notice to quit and eventually obtaining a writ of possession that allows law enforcement to forcibly remove the squatter. 2025 legislation aims to expedite this process.
Adverse Possession in Texas
For a squatter to successfully claim ownership through adverse possession, they must meet several requirements, which can result in ownership claims under different timeframes:
- Hostile/Adverse Possession: The squatter must be on the property without the owner's permission.
- Actual Possession: The squatter must be actively occupying the property.
- Open and Notorious: The squatter's presence must be visible and obvious, not hidden.
- Exclusive Possession: The property cannot be shared with others.
- Continuous Possession: The occupancy must be uninterrupted for the required period.
Timeframes for Adverse Possession
- 3 Years: The squatter must have a "color of title" (some irregular claim to ownership) and live on the property.
- 5 Years: The squatter must pay property taxes on the property and live there for the duration.
- 10 Years: Without color of title or tax payments, the squatter must reside on the property for a full 10 years and make improvements.
Removing a Squatter
- Notice to Vacate: The property owner must serve a formal notice to the squatter.
- File for Eviction: If the squatter doesn't leave, the owner files a forcible detainer action in a Texas Justice of the Peace Court.
- Court Hearing: The owner attends a hearing to prove ownership.
- Writ of Possession: If successful, the court issues a writ, giving the squatter a final notice to vacate.
- Law Enforcement Intervention: If the squatter still refuses to leave, law enforcement can be called to forcibly remove them after a 24-hour window.
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- Eviction bill now focuses on squatters in Texas House rewrite.
- Gov. Abbott Signs Anti-Squatting Legislation.
- What are Texas squatters' rights?
- Introduction to the New Squatter Laws in Texas 2025 Session.
- TEXAS COMMISSION ON LAW ENFORCEMENT.
- Squatters Rights in Texas & Adverse Possession Laws 2024.
