Adverse possession, often referred to as “squatters’ rights,” is a legal doctrine that allows a person to claim ownership of someone else’s property if they occupy it for a certain period under specific conditions. While this may sound surprising, Texas law sets strict requirements for adverse possession claims. If you own property or are concerned about someone occupying your land, it’s important to understand how these laws work.
How Does Adverse Possession Work in Texas?
Under Texas law (Texas Civil Practice & Remedies Code, Chapter 16), a person can claim ownership of a property through adverse possession if they meet all of the following conditions:
- Hostile Possession – The occupant must possess the land without the owner’s permission.
- Actual Possession – The person must be physically present on the property and treat it as their own.
- Exclusive Possession – The property cannot be shared with the owner or the public.
- Open and Notorious Possession – The occupation must be obvious enough that a reasonable property owner would notice it.
- Continuous Possession for the Required Time – The person must occupy the land for a legally defined period without interruption.
Time Requirements for Adverse Possession in Texas
Texas law provides different time frames for adverse possession claims, depending on the circumstances:
- 3-Year Rule – If the squatter has a legal claim based on a faulty deed or title, they may claim ownership after three years.
- 5-Year Rule – If the squatter pays property taxes and has a valid but flawed title, they can claim ownership after five years.
- 10-Year Rule – If the squatter has occupied the land continuously for 10 years, they can claim ownership, even without a deed or paying taxes.
- 25-Year Rule – If the rightful owner is legally disabled (such as being a minor or mentally incapacitated), the squatter must occupy the land for 25 years to claim ownership.
Does Adverse Possession Give Squatters Automatic Ownership?
No. A squatter must file a legal claim to obtain a title through adverse possession. The true property owner can stop the claim by taking legal action, such as:
- Filing an eviction or trespassing lawsuit.
- Posting no-trespassing signs and physically removing the squatter.
- Granting permission in writing, which prevents the possession from being “hostile.”
How to Protect Your Property
- Regularly inspect and maintain vacant properties.
- Pay property taxes to establish ownership.
- If someone is using your land, formalize an agreement to prevent adverse possession claims.