
Squatters rights Texas might seem like a strange legal topic, but it’s crucial for property owners to grasp. At its core, squatter rights can allow someone to claim ownership of a property they don’t legally own if certain conditions are met. This concept, known as adverse possession, requires the squatter to continuously occupy the property openly, exclusively, and without the owner’s permission. The time periods for claiming adverse possession in Texas can be three, five, or ten years, depending on specific actions taken by the squatter, such as paying property taxes.
In Texas, understanding these rights is vital to prevent unwanted occupants from affecting your San Antonio property investments. Successful adverse possession claims can result from prolonged, undisturbed possession of your property by someone else. As such, safeguarding your property involves being proactive about managing its occupancy status and maintaining proper documentation.
I’m Daniel Cabrera, and I’ve been actively involved in real estate for over 15 years, extensively researching squatters rights Texas. My experience in construction, finance, and property management has provided me with a deep understanding of these issues. Next, I’ll dig into the specifics of squatter rights and help you understand how to secure your property effectively.

Understanding Squatters’ Rights in Texas
In Texas, the concept of squatters rights—officially known as adverse possession—can be a complex issue for property owners. At its heart, adverse possession allows someone to claim legal ownership of a property if they meet certain legal requirements over a specified period. This process is not straightforward and involves several stringent conditions.
Legal Requirements for Adverse Possession
To successfully claim adverse possession in Texas, a squatter must meet one of three specific timeframes, each with its own set of conditions:
- Three Years with Color of Title: The squatter must occupy the property continuously for three years and have some legal basis, even if flawed, for believing they own the title.
- Five Years with a Deed and Taxes Paid: Occupying the property for five years requires the squatter to have a recorded deed, pay property taxes, and cultivate or improve the land.
- Ten Years with Land Improvements: For a ten-year claim, the squatter needs to have continuously occupied the property and made improvements, especially if the land is less than 160 acres.
Beyond these specific conditions, squatters must meet general requirements:
- Hostile Possession: The occupation must be without the owner’s permission.
- Actual Possession: The squatter must physically use the property as an owner would.
- Open and Notorious Possession: Their occupation is visible and obvious, not hidden.
- Exclusive Possession: They must be the only ones using the property.
- Continuous Possession: The occupation must be uninterrupted for the required period.
Continuous Possession and Its Importance
Continuous possession is a key factor in adverse possession claims. It means the squatter must live on the property without significant breaks for the entire required period. This continuous presence is crucial because any interruption can reset the clock on their claim. For example, if a squatter leaves the property for several months, they might lose their chance to claim ownership.
This aspect of squatters rights Texas highlights why property owners in places like San Antonio must remain vigilant. Regularly checking on vacant properties and ensuring they appear occupied can deter squatters from making a claim.
Understanding these legal intricacies is essential for property owners to protect their investments. By knowing the conditions under which squatters can claim adverse possession, you can take proactive steps to secure your property and prevent unwanted claims.
Legal Process for Evicting Squatters
In Texas, removing squatters involves a formal judicial eviction process. This means you can’t just ask a squatter to leave; you must follow legal procedures to regain control of your property. Here’s how it works:
Step 1: Serve an Eviction Notice
The first step is to issue a three-day eviction notice to the squatter. This notice informs them that they must vacate the property within three days. The notice should be clear and comply with Texas eviction laws. If the squatter ignores this notice, you can proceed to the next step.
Step 2: File an Eviction Complaint
If the squatter remains after the notice period, you must file a complaint for forcible detainer with the local Justice of the Peace Court. This legal action formally begins the eviction process. You can also request immediate possession to speed up the eviction.
Step 3: Attend the Court Hearing
Once you’ve filed the complaint, the court will issue a summons. The sheriff or constable will serve this to the squatter, notifying them of the court date. It’s crucial to attend the hearing and present evidence of your ownership. The judge will review the case and, if everything is in order, grant you a writ of possession.
Step 4: Enforce the Court Order
The writ of possession is a legal document that gives the squatter a final notice to leave. They have five days from the judgment to vacate the property. If they still refuse to leave, the sheriff will return to enforce the writ. The squatter will have 24 hours to comply before being forcibly removed.

Important Considerations
- Do Not Take Matters into Your Own Hands: It’s illegal to forcibly remove squatters yourself. Actions like changing locks or cutting off utilities can lead to legal trouble for you.
- Call the Sheriff, Not the Police: Only the sheriff has the authority to execute the eviction order and remove squatters.
- Legal Assistance: Consider hiring an attorney experienced in Texas property law to guide you through the process.
Understanding the legal process for evicting squatters is essential for property owners in cities like San Antonio. By following these steps, you can ensure a lawful and efficient removal of squatters from your property.
Preventing Squatters on Your Property
Keeping squatters off your property in Texas, especially in busy cities like San Antonio, requires proactive measures. Here’s how you can protect your property from unwanted occupants:
Secure Your Property
First and foremost, make sure your property is secure. Lock all doors and windows and consider reinforcing them with deadbolts or security bars. Regularly check for any signs of tampering or forced entry.
Installing security systems like alarms and cameras can also be a great deterrent. These devices not only help prevent entry but also provide evidence if someone does try to squat on your property. Many modern systems allow you to monitor your property remotely, giving you peace of mind even when you’re not nearby.
Use No Trespassing Signs
Clearly visible No Trespassing signs serve as a legal warning to potential squatters. These signs indicate that entering the property without permission is illegal, which can deter would-be squatters. In Texas, having these signs can also support your case if legal action becomes necessary.
Engage in Property Management
If you own multiple properties or can’t regularly check on a vacant one, hiring a property management company might be a wise investment. These professionals can keep an eye on your property, perform regular maintenance, and ensure it doesn’t appear abandoned.
Companies like Rollingwood Management, Inc. in Texas have a track record of keeping properties squatter-free. With over 36 years of experience, they can help you manage your property effectively, ensuring it remains occupied by legitimate tenants.
Foster Good Neighbor Relations
Building strong relationships with your neighbors can be an invaluable asset in preventing squatters. Ask your neighbors to keep an eye on your property and report any suspicious activity. They can be your first line of defense when you’re not around.
Maintain the Property
A well-maintained property appears lived-in and cared for, which can deter squatters. Regularly mow the lawn, collect mail, and remove trash. These small actions can make a big difference in preventing your property from becoming a target.
By taking these steps, you can significantly reduce the risk of squatters occupying your property in Texas. Whether it’s securing your property, putting up no trespassing signs, or enlisting the help of a property management company, being proactive is key to protecting your investment.
Frequently Asked Questions about Squatters’ Rights Texas
Can you kick out a squatter in Texas?
In Texas, you can’t just kick out a squatter. Legal eviction is the only way to remove them. This involves a judicial process, starting with a three-day eviction notice. If the squatter doesn’t leave, you need to file an eviction lawsuit in your local county court. This process can take a few weeks, and if the squatter appeals, it might take longer.
Importantly, you cannot use force to remove squatters. The Texas castle doctrine allows for self-defense, but it doesn’t justify using violence against squatters unless you’re directly threatened. Instead, rely on legal channels to handle the situation.
How long before someone is considered a squatter in Texas?
A person becomes a squatter when they occupy a property without the owner’s permission. However, to claim adverse possession, they must meet specific criteria over a continuous period.
In Texas, this period ranges from three to ten years, depending on the situation. For instance, a squatter can claim adverse possession after three years if they have a color-of-title claim. Without such a claim, they might need to occupy the property for up to ten years. During this time, their occupation must be open, notorious, and exclusive.
Can a squatter take ownership of property in Texas?
Yes, a squatter can potentially take ownership of a property through adverse possession. However, this is a challenging process with strict requirements. The squatter must meet one of the following:
- Occupy the property with color of title for at least three years.
- Occupy the property, have a recorded deed, pay property taxes, and cultivate the land for at least five years.
- Occupy and improve the land for at least ten years.
Even if these conditions are met, the squatter must file a legal claim and convince a judge to grant them ownership. This involves gathering evidence and attending a court hearing, making it a complex and uncertain process.
By understanding these aspects of squatters rights Texas, property owners in San Antonio and beyond can better protect their investments and respond effectively if faced with a squatter situation.
Conclusion
Navigating the complexities of squatters rights in Texas can be daunting, especially when dealing with legal processes like adverse possession. However, for property owners in San Antonio, TX, there’s a straightforward solution to sidestep these challenges: working with Sell My House Fast SA TX.
With over 15 years of experience, our founder, Daniel Cabrera, has crafted a service that prioritizes speed, efficiency, and convenience. We offer a same-day cash offer and can close deals in as little as one week. This means you can avoid the lengthy and stressful eviction process entirely.
Our service is designed to be flexible and hassle-free. Whether you’re dealing with squatters, code violations, or simply want to sell your house “as-is,” we cover all title-related closing costs and don’t require any repairs or cleaning. You can even leave unwanted items behind, making the transition smoother for you.
Why choose Sell My House Fast SA TX?
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In San Antonio, property challenges can arise unexpectedly. Whether it’s dealing with squatters or other issues, our team is ready to help you move forward with ease. If you’re ready to sell your house quickly and efficiently, contact us today for a no-obligation cash offer.
With Sell My House Fast SA TX, you gain peace of mind and the financial benefits of a quick sale, allowing you to focus on what truly matters.