How to Legally Remove Squatters in Texas: The Ultimate Guide for Property Owners!

As a Texas property owner, finding out squatters have taken over can be very stressful. I've seen how it can keep you up at night and make you feel helpless. But, there are legal ways to get your property back.

I had a house that was vacant for several months. By the time I was able to meet a contractor there to go over what repairs were needed, it was too late. We had walked through the house. That was fine. Then the garage. "Wait, we can't go in", I said as I noticed a soda sitting outside the garage door and heard the shower (converted garage) running. "Oh no!"

Yep, someone decided they wanted to move in and did. Turns out this wonderful citizen was doing drugs and inviting unsavory people over at all hours of the night. The neighbors were worried. Scared even.

As it turns out, I couldn't just tell them to leave. Even though they weren't a tenant, they still had to be treated like a tenant. There was a process that had to be followed to remove a squatter. Super, super, super frustrating. But that is the way it is. Here is what I've learned from going through this process. I hope it helps you.

It's important to know about squatters rights and adverse possession in Texas. The law on eviction might seem hard, but with the right information, you can handle it. Let's explore how to deal with squatters and protect your property in Texas.

Key Takeaways

• Squatters in Texas can claim ownership after 10 years of continuous occupation
• Property owners must follow specific legal steps to remove squatters
• Understanding adverse possession laws is crucial for protecting your property
• Regular property inspections can help prevent squatter situations
• The eviction process includes formal notices, lawsuits, and court orders

Understanding Squatters' Rights in Texas

Texas property owners should know about squatters' rights and adverse possession laws. These laws can change who owns a property in surprising ways. In Texas, squatters can claim a property after a set time of living there.

Unbelievable, but true. Unfortunately.

Texas Laws on Adverse Possession

Adverse possession laws in Texas let squatters own a property under certain conditions. The time needed for a claim varies:

• 3 years with color of title
• 5 years with a recorded deed and property taxes paid
• 10 years of land improvement without title or deed

Requirements for Adverse Possession Claims

To win an adverse possession claim in Texas, squatters must meet several key points:

• Hostile possession: Living on the property without the owner's okay
• Actual possession: Using the property like they own it
• Open and notorious possession: Being known to the public
• Exclusive possession: Not sharing the property
• Continuous possession: Living there for the needed time

It's vital for property owners to know these laws to protect their rights. Keeping an eye on the property and making it look occupied can stop squatters. If squatters show up, owners must follow Texas' legal eviction steps. Forcing them out is not allowed.

How to Get Rid of Squatters Texas: Legal Steps for Property Owners

Now for the good stuff. I'm sure I don't need to tell you how important it is to act fast.

Dealing with squatters in Texas can be tough. Property owners need to follow a specific process to get their property back. This guide will help you remove squatters legally and effectively.

Sometimes you can use alternative methods to get the person to move out without going through eviction. These methods involve things like offering money to vacate.

Identifying and Documenting Squatter Presence

The first step is to confirm squatters are there. Take photos, videos, and get witness statements. This evidence is important for the eviction process.

Issuing a Formal Notice to Vacate

Texas law requires a written notice to vacate. This notice gives squatters at least three days to leave. It's a critical step in the legal process. They weren't invited to occupy the property, but they did and now you have to go through the painful process of evicting them.

Just like a tenant, even though they aren't a tenant. Geez.

Filing an Eviction Lawsuit

If squatters don't leave after the notice, file a forcible detainer lawsuit. It's time to evict. This starts the formal eviction process in Texas courts.

Attending the Eviction Hearing

The court will hold a hearing where both sides present their case. Bring all your documents to prove your ownership and the squatters' illegal stay.

Obtaining and Enforcing a Writ of Possession

If the judge sides with you, you can get a writ of possession. This document lets law enforcement remove the squatters, ending the eviction process.

According to Hemlane, "In Texas, squatters’ rights laws state that a squatter who occupies a property openly, continuously, and hostilely for 10 years or more can legally claim ownership of the property through adverse possession. The rationale behind squatter's rights laws is that if a property owner neglects their property for an extended period of time, and a squatter maintains, improves, lives on, and pays taxes on the property, the squatter can be rewarded with ownership.

To gain ownership through adverse possession in Texas, the squatter must treat the property as their own for at least 10 straight years. Their possession has to be actual, visible, exclusive, and hostile for the entire duration. The squatter needs to reside on the property and make it their permanent home. Merely visiting or storing belongings does not qualify as possession. If another party also occupies the property or if the owner returns, the continuous possession clock resets."

Remember, squatters' rights in Texas are complex. They might claim ownership through adverse possession if they've stayed for 3 to 10 years. Always talk to a legal expert who knows Texas squatter laws to guide you through this.

Avoid the Headaches: Sell the House to a Cash House Buyer

Dealing with squatters in Texas can be very stressful. If you're tired of the legal fights, selling your property to cash buyers will help. Real estate investors often buy homes as-is, even with squatters, offering a quick sale.

Reputable house buying companies like Danny Buys Houses, allow you to sell a house fast in San Antonio, Texas.

Cash house buyers offer a fast and easy way out of squatter problems. You can avoid the long process of eviction notices, court hearings, and legal costs. This is especially good if squatters might claim rights that take years to sort out.

Choosing to sell the squatter house to cash buyers lets you avoid eviction and move on from the property. Real estate investors know how to handle squatter issues. They take care of the occupants, so you don't have to deal with the stress and uncertainty of a long legal fight.

Q: What is a squatter in Texas?

A: A squatter is someone who occupies a property without the legal permission of the owner. In Texas, squatters may attempt to claim legal ownership under certain conditions, but this is governed by specific laws.

Q: How can a property owner prevent squatters from occupying their property?

A: Property owners can prevent squatters by regularly checking on their properties, securing the premises, and maintaining clear communication with neighbors. Additionally, they should ensure property taxes are paid and that the property is not abandoned or unoccupied.

Q: What steps should I take to remove a squatter in Texas?

A: To remove a squatter in Texas, you must first give them a notice to vacate. If they do not leave, you may need to file an eviction lawsuit in the local court. It's advisable to seek legal advice to ensure compliance with all eviction laws.

Q: Can I forcibly remove a squatter from my property?

A: Forcibly removing a squatter is illegal in Texas. Property owners must follow the proper eviction process through the court system to legally remove a squatter from their property.

Q: What are the rights of squatters in Texas?

A: Squatters in Texas may have certain rights, especially if they meet conditions for adverse possession, which requires residing on the property for five consecutive years, paying property taxes, and making improvements to the land. However, this process is complex and often requires legal advice.

Q: How does the eviction process work for removing a squatter?

A: The eviction process involves providing a notice to vacate, filing an eviction suit if the squatter does not leave, and obtaining a judgment from the court. Once a judgment is granted, a constable can assist in removing the squatter legally.

Q: What constitutes a trespasser versus a squatter in Texas?

A: A trespasser is someone who enters a property without permission, while a squatter is someone who occupies a property without permission but may attempt to claim legal rights over time. Understanding this distinction is crucial in determining how to proceed with legal action.

Q: How can I make an adverse possession claim in Texas?

A: To make an adverse possession claim in Texas, a squatter must reside on the property for at least five consecutive years, pay property taxes, and demonstrate improvements made to the land. The squatter must also file a claim for adverse possession in the appropriate court.

Q: What should I do if a squatter refuses to leave my property?

A: If a squatter refuses to leave your property, you should not attempt to evict them yourself. Instead, follow the legal eviction process by providing a notice to vacate and potentially filing an eviction lawsuit to remove them legally.

Q: Is squatting illegal in Texas?

A: Yes, squatting is illegal in Texas. Property owners have the right to take legal action against squatters to regain possession of their property, but they must follow the eviction process to do so legally.