You’d think leaving a property vacant for a bit wouldn’t be a big deal. But in Texas, it can invite more than just dust and weeds—it can open the door to squatters.
Squatters are individuals who move into a property without permission and remain there. Under certain conditions, they can claim legal ownership rights to the place. Sounds wild, but Texas law has rules for this, and if you’re not paying attention, you could lose control of your own property.
Knowing the basics of squatters' rights, Texas isn’t optional if you own rental homes, vacant property, or any place that sits empty for even short periods. These laws aren’t always obvious, but ignoring them could cost you time, money, and a lot of stress.
Here’s what you need to know about how squatters work, what Texas law says, and how you can protect your property before things go sideways.
How Does Adverse Possession Work in Texas?
A squatter is someone who moves into your property without a lease or permission and decides to stay. They’re not just trespassing. If they stick around long enough and meet certain conditions, they could make a legal case to take over your property.
It’s called adverse possession, and Texas law allows it under particular circumstances.
Here’s what it means to claim adverse possession:
- Live there full-time: It’s not enough to leave a couch or a box of stuff behind. The squatter must live on the property every day. We're talking about sleeping there, eating there, treating it like home. If they do this long enough, they could start claiming squatter's rights in Texas, which could complicate matters for the property owner.
- Act like they own the place: They can’t share the space with the actual owner, or come and go like a guest. They have to occupy the property exclusively—no landlords, no lease, just them. This is called actual possession or exclusive possession of the property.
- Stick it out for years: In most cases, Texas requires at least 10 years of continuous and uninterrupted possession. No gaps, no short stays. If they leave for months at a time or get kicked out and come back later, the clock resets.
- Make it obvious: Squatting only works if it’s open and notorious possession, meaning they don’t hide it. Neighbors should notice. You should notice if you're checking in. They can't sneak in quietly and then claim rights later.
- Have a document—any document—that looks like a deed: This is where the color of title comes in. Even if the paperwork isn’t valid (say, it was forged or legally flawed), having it shows they’re claiming property ownership in good faith. That makes their case stronger, especially in court, and under squatters' rights in Texas, it could give them an edge in their claim for legal possession.
- Possibly pay the property taxes: This isn’t always required, but if a squatter pays property taxes, it adds weight to their claim. It’s one more way they prove they’ve taken responsibility for the property like an owner would.
It's a continuous possession, and it’s not common, but if you’re not watching your property, it’s not impossible.
Squatter vs. Trespasser: What’s the Difference?
At first glance, squatters and trespassers might look like the same problem, but Texas law treats them very differently.
A trespasser is someone who enters private property without legal permission. They usually don’t stick around. Maybe they’re just passing through or causing trouble. Either way, once caught, they’re gone—and law enforcement can usually handle it fast.
A squatter is more complicated. They move in and stay. They might bring furniture, change the locks, or even start getting mail delivered. If the property owner doesn’t step in quickly, that squatter could start building a case for adverse possession—the legal process that lets someone eventually claim ownership.
The key difference? Trespassers don’t try to look like owners. Squatters do.
And the longer a squatter stays uninterrupted and unchallenged, the more rights they can try to claim under squatter's rights in Texas. That’s why timing matters. Waiting too long can turn a simple case of trespassing into a drawn-out legal mess.
Evicting Squatters in Texas: Can You Just Kick Them Out?
Not legally. Even if the person never signed a valid lease, Texas eviction law states that you can’t just change the locks or throw their belongings on the curb. You have to go through the formal eviction process, just as you would with a tenant who stopped paying rent. Squatters' rights in Texas laws protect individuals who occupy property without the owner's permission, meaning you must handle the situation carefully and legally.
Here’s how it works:
- You serve them with a formal eviction notice
- If they stay put, you file an eviction lawsuit in court
- A judge reviews the case and makes a ruling
- If the court rules in your favor, the local law enforcement officer handles the removal to restore legal possession of the property with a valid court order
Trying to force someone out yourself, such as cutting off water, turning off the power, or locking the doors, can backfire. That kind of "self-help eviction" can land you in legal trouble, even when the squatter is clearly in the wrong.
It’s frustrating, but it’s the law. And following the proper steps is the only way to regain control of your property without creating more problems.
Keep Your Vacant Property Secure With Regular Monitoring and Expert Management
Handling squatters isn’t just about knowing the law—it’s about staying ahead of the problem. The truth is, most squatters gain ground because no one is watching the property or stepping in fast enough. That’s where a good property management team comes in. At Terra Residential Services, we help protect property owners from the start.
We don’t just respond to problems, we also work to prevent them. Our team handles the details that make all the difference:
- Keep a close watch on vacant or unoccupied properties
- Screen tenants carefully to avoid future issues
- Manage lease agreements and rent collection
- Step in fast if something feels off
- Coordinate with legal teams if it ever gets to that point
It’s easy to miss the red flags until things get messy. We help property owners stay ahead, stay protected, and stay stress-free. Don’t wait for someone to move in and claim what’s yours. Let us help you take back control. Reach out to us today and let’s keep your property safe, secure, and free from squatters.
FAQs
Can Property Owners Prevent Squatters from Gaining Ownership Through Adverse Possession?
Yes, property owners can take proactive steps to prevent squatters from meeting the criteria for adverse possession laws. One key strategy is conducting regular property inspections to ensure that no unauthorized individuals are occupying the space. It’s also essential to secure the property by installing locks, fences, and signage to deter unauthorized access. Maintaining the property in good condition sends a clear signal of active ownership, which can discourage squatters from attempting to establish a claim. If squatters are found, property owners should take prompt action by seeking legal recourse to remove them and assert their ownership property rights.
What Are the New Squatter Laws in Texas as of 2025?
In 2025, Texas lawmakers passed Senate Bill 38, aiming to expedite the eviction process for property owners dealing with unauthorized occupants. This bill mandates that courts act within 10 to 21 days after a property owner files an eviction suit, streamlining the process and reducing delays caused by frivolous appeals. Additionally, the bill clarifies the delivery method for Notices to Vacate, enhancing the efficiency of eviction proceedings.
How Has the Statute of Limitations for Adverse Possession Changed in Texas?
In 2025, Senate Bill 534 was introduced to amend the statute of limitations for adverse possession claims in Texas. If enacted, this bill would extend the period required to claim lawful ownership through adverse possession to a lifetime, significantly altering the timeline for such claims.
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