Squatters Rights in Texas: Everything You Need To Know

In Texas, squatters rights fall under a legal doctrine called adverse possession. This allows someone who lives on a property without permission to eventually gain legal ownership if they meet certain strict requirements.

While the idea may seem outrageous to property owners, the law has roots in public policy and land use tradition. So why do squatters have rights in the first place? The short answer is that the law favors productive land use and punishes absentee ownership under some circumstances.

If you’re a Texas landlord or real estate investor, understanding how squatters rights work is essential. Ignoring an unauthorized occupant for too long could cost you your title. Even worse, if they meet the legal standard, they may be able to sue for ownership through a process called a quiet title action.

To protect your investment, consider proactive property management and securing landlord insurance in Texas before a lease even begins.

Let’s break down how squatters rights work in Texas, what landlords can do, and what makes adverse possession legal under state law.

What Are Squatters Rights?

Squatters rights—also known as adverse possession—refer to the legal ability of a person to gain ownership of land simply by occupying it without permission for a period of time.

Although they start out as trespassers, squatters in Texas may eventually become lawful owners if they meet all legal conditions. This doesn’t happen quickly. But over time, with consistent, open, and exclusive use of the land, they may be able to take legal ownership away from the original owner.

This concept has existed for centuries and aims to encourage the productive use of land. In other words, if you abandon your property and someone else lives on it and pays taxes, the state may eventually reward them with ownership.

Why Do Squatters Have Rights?

It may seem unfair that someone who doesn’t own a property can eventually take legal possession of it. But squatters rights exist as a legal safeguard against neglected or abandoned land.

The idea is this: property ownership comes with responsibility. If an owner ignores their land and someone else takes care of it—mowing the lawn, fixing fences, even paying taxes—the law might recognize that use as more valid than absentee ownership.

Squatters rights aim to ensure land is being used productively and prevent indefinite abandonment that could harm surrounding property values or community safety.

How Do Squatters Rights Work in Texas?

Under Texas adverse possession laws, a squatter may be able to claim ownership of a property after occupying it continuously for a certain number of years. The required time period depends on several legal factors.

Here are the basic conditions a squatter must meet:

• Hostile Possession: Occupying the property without the owner’s permission.
• Actual Possession: Physically using the property as an owner would.
• Open and Notorious: The use is obvious and not hidden.
• Exclusive Possession: The squatter is not sharing the property.
• Continuous Possession: The occupation must last for the full statutory period without interruption.

Texas Adverse Possession Timeframes

Texas has three key timelines for adverse possession, depending on the circumstances:

• 3-Year Rule: If the squatter has a title or deed (even if flawed), they may only need 3 years of possession.
• 5-Year Rule: If the squatter has color of title and has paid property taxes, 5 years may be enough.
• 10-Year Rule: Without any documentation, the default requirement is 10 years of continuous occupancy.

What Is Color of Title?

Color of title refers to a document that appears to give legal ownership of a property but is technically flawed. For example, a forged deed or an incorrectly filed transaction.

If a squatter has color of title and pays property taxes on the land, they may only need five years to claim ownership instead of ten.

Do Squatters Have To Pay Property Taxes?

Yes—at least in some cases. Texas law specifically allows for a shorter path to adverse possession (5 years) if the squatter:

• Has color of title, and
• Has been paying property taxes during the period of possession.

Without both, they must meet the full 10-year requirement.

What’s the Difference Between a Squatter and a Trespasser?

Not every trespasser is a squatter—and not every squatter becomes an adverse possessor. Here’s the difference:

• Trespasser: Someone who enters or remains on a property unlawfully and without any claim of right.
• Squatter: Someone who occupies a property without permission but may try to assert a claim to it through continuous use.

Can Squatting Ever Be a Crime?

Yes. Squatting is usually a civil issue, but it can rise to a criminal trespass if the property owner explicitly tells the squatter to leave or has posted signage. In those cases, police may remove the squatter without going through the courts.

How Do Landlords Remove Squatters in Texas?

If someone is squatting on your property, you must go through the legal eviction process. The steps typically include:

1. Serve a Notice to Vacate: This gives the squatter a few days (usually three) to leave.
2. File an Eviction Lawsuit: If they don’t leave, file a “forcible detainer” action in Justice Court.
3. Court Hearing: Present your ownership documents and explain the unauthorized occupation.
4. Writ of Possession: If the court rules in your favor, the constable or sheriff will enforce the order to remove the squatter.

Note: Self-help evictions like changing the locks or shutting off utilities are illegal in Texas—even for squatters.

What Is a Quiet Title Action?

If a squatter claims they’ve met the conditions for adverse possession, they may file a lawsuit called a quiet title action to gain legal ownership. The burden of proof is entirely on them to demonstrate:

• They’ve met the timeline (3, 5, or 10 years)
• They’ve acted like an owner
• The true owner failed to act

If the court agrees, title may transfer to the squatter.

How Can Landlords Prevent Squatters?

The best way to stop squatters from claiming rights to your property is to prevent them from entering in the first place. Here’s how:

• Conduct regular inspections of vacant property
• Install motion-activated security cameras
• Use clear “No Trespassing” signs
• Keep properties maintained to show occupancy
• Change locks between tenants
• Make sure utilities are disconnected when not in use

Landlords who leave property unattended for months or years are most vulnerable to adverse possession claims.

How Do Lease Agreements Protect Against Squatting?

A strong, written lease agreement establishes the legal basis for someone’s presence on the property. If the agreement ends or is broken and the occupant remains, they become a holdover tenant—not a squatter.

Landlords should maintain signed copies of all lease documents and document all communication. These records are critical if a court hearing becomes necessary.

Are There Financial Risks for Texas Property Owners?

Absolutely. Squatting can lead to:

• Lost rental income
• Court and attorney fees
• Property damage
• Risk of losing title if adverse possession claims succeed

Securing your rental property with landlord insurance can help reduce financial exposure while you sort out legal disputes.

What Are Property Owners’ Rights?

Texas landlords and property owners have the right to:

• Reclaim possession through the court system
• Serve notices and pursue eviction legally
• Call law enforcement if criminal trespass is involved
• Protect and maintain their property
• Challenge adverse possession claims in court

You also have the right to hire legal counsel to help you file eviction or defend against false claims of ownership.

Frequently Asked Questions

How long does a squatter have to be on your property in Texas to claim ownership?

Typically 10 years, though 5 years may be enough if they have color of title and pay taxes.

Is adverse possession legal in Texas?

Yes. It’s allowed under state law and governed by strict rules. The burden of proof lies with the squatter.

Can police remove squatters in Texas?

Only in cases of criminal trespass. Otherwise, the property owner must go through civil eviction.

Can landlords force squatters out in Texas?

Not directly. You must follow Texas eviction laws or pursue a civil lawsuit.

Where can I read the Texas adverse possession laws?

They’re outlined in Texas Civil Practice & Remedies Code, Sections 16.024–16.030.

Final Thoughts

Navigating squatters rights in Texas can be complicated—especially if you’re managing multiple properties or long-term vacancies. Understanding how adverse possession works and staying proactive with security, documentation, and maintenance can help protect your investment from unwanted claims.

If you’re a landlord in Texas, one of the smartest ways to safeguard your property is with Texas landlord insurance. Steadily offers fast, affordable coverage tailored to rental properties across the Lone Star State—get a free quote today and keep your assets secure.