When can someone claim squatter’s rights in Texas?

LUBBOCK, Texas — Did you know squatters have rights? They do, and here is the Texas law you should know to protect your property from being legally claimed by a squatter.

What is squatting?

Squatting means to be living on a property that is not your own.

Under Texas Squatters’ Rights, squatters can claim “adverse possession,” but to successfully do so a squatter must meet one of the following requirements under the Texas Property Code Chapter 16 and sections 16.024-16.026:

Adverse possession, as previously mentioned, is when squatters attempt to obtain ownership of the property by proving they have lived on the property for a specified period of time.

• A person must bring suit to recover real property held by another in peaceable and adverse possession under title or color of title not later than three years after the day the cause of action accrues.
• A person must bring suit not later than 10 years after the day the cause of action accrues to recover real property held in peaceable and adverse possession by another who cultivates, uses, or enjoys the property.
• Without a title instrument, peaceable and adverse possession is limited in this section to 160 acres, including improvements, unless the number of acres actually enclosed exceeds 160. If the number of enclosed acres exceeds 160 acres, peaceable and adverse possession extends to the real property actually enclosed.
• Peaceable possession of real property held under a duly registered deed or other memorandum of title that fixes the boundaries of the possessor’s claim extends to the boundaries specified in the instrument.

Adverse possession, holdover tenants and unknown persons

There are three key situations regarding unauthorized occupancy and how to regulate them per Chapter 24, Sec. 24.005 and Chapter 91, Sec. 91.001:

Holdover tenants are individuals that remain on the property after their lease or time on the property has ended. A holdover tenant can be given a three-day notice to quit for non-payment with eviction proceedings to begin after the statutory period.

If the owner of the property discovers an unwanted or unknown person living on the premises, the squatter will be converted to a month-to-month tenant and 30 days must be given to evict.

While squatting can happen on any property, Lubbock realtors have previously explained that it typically occurs when properties have gone vacant.

Read this article to see how Lubbock residents can prevent squatters from taking over their property.