HOUSTON – You may have heard of the term “squatter” recently, seen the word in headlines, or seen a video of authorities or a property owner removing them from their property, or at least trying to.
Did you know that squatters have rights? They do, and it’s different in each state. For Texas, here’s what we know:
Who is a squatter?
“Squatting” describes moving into a property without any legal claim or title to the property. A “squatter” is an individual or group who takes up residence in a property without the owner’s permission.
Many cities and states give squatters “rights” in the sense that they treat a squatter like a tenant in a landlord-tenant dispute, protecting the squatter from being quickly removed from the property. Squatters usually occupy empty buildings, homes, or land for survival or as a political statement. It can be hard to evict squatters if they have lived there for several years and made improvements to the space.
What rights do squatters have in Texas?
Squatter’s rights are legal protections granted to individuals who have occupied a property for a long duration. These rights can differ based on the location, but generally include the right to possession, the right to avoid eviction without due process, and, in some cases, the right to claim ownership of the property.
According to Texas A&M University, squatters can gain “adverse possession” over a property over time, which allows them to gain ownership of the property, even if they don’t have the owner’s permission.
Although it’s an option, the process itself is not so easy. Here are the set requirements for someone to claim “adverse possession” in Texas, according to Texas. Prop. Code 16.024-16.026:
- Occupy the property with color of title for at least three consecutive years.
- Occupy the property, have a recorded deed in their name, pay all property taxes, and cultivate the land for at least five consecutive years.
- Occupy the property and improve the land for at least 10 consecutive years (note: the land must be less than 160 acres unless it is enclosed).
“People think they can just go in and stay in a residence and say, ‘Hey, I’m a squatter now. I claim this property.’ You can’t do that. There’s adverse possession. There’s Color of Title. There are different terms used for different amount of amounts of time that you’re there. A squatter has to be there for a certain amount of time, either three years, five years or 10 years, and depending on on what they’ve been doing, you can’t hide. You have to live openly. You’ve got to cut the grass, you got to pay utilities, and you have to pay taxes in order to qualify as a squatter. Those are the things that you have to do,” Harris County Precinct 4 Constable Jerry Garcia told KPRC 2 Investigates.
Squatters must also meet the following requirements:
- Hostile/Adverse Possession—The squatter must not have a valid lease or rental agreement with the owner.
- Actual Possession—The squatter must have actively lived in the property for a certain length of time.
- Open and Notorious Possession—The squatter’s possession of the property is open and obvious to neighbors or anyone else. They aren’t living there “in secret” or trying to hide their presence.
- Exclusive Possession—The squatter does not share possession of the property with anyone else. They occupy the property exclusively and prevent others from living there like an owner would.
- Continuous Possession—The squatter must hold continuous and uninterrupted possession of the property (for three to ten consecutive years in Texas)
Squatting vs. Trespassing
Despite personal beliefs, there is a difference between squatters and trespassers. According to Constable Garcia, one has to fit certain criteria to be labeled as a squatter vs. trespassing, which is a criminal act.
“We don’t like that term, because that term, it’s overly used. It’s used too much. In many cases. They’re not really squatters, but people are calling them squatters just because they’ve heard that term before,” Constable Garcia explained.
Trespassing is defined by the Merriam-Webster Dictionary as unlawfully entering the land of another.
“Whenever we get calls in reference to a squatter situation, we again, we don’t use that term initially. We treat them as trespassers. We identify them. We ask them what they’re doing there, why they’re there, and how long have they been there. Can they produce a lease? We ask them a series of questions. Once we determine that, then we say, ‘Okay, they truly, in fact, are squatters.’ Then we direct the people to the justice of the peace to do the eviction and go through the eviction process,” Garcia continued.
How to remove a squatter from your property
First, if you believe someone is squatting or trespassing on your property or in your neighborhood, call the police. The authorities will likely investigate the situation and inform you if you have a real squatting situation or are a trespasser.
“Give us a call. Whatever they’re doing, we can identify them. We can see if they have a criminal history, if they have warrants, if they’re sexual predators and if they haven’t registered as sex offenders. There are so many different ways around our inability to fully help. We can still kind of figure out something that we can do.”
Here’s the Texas Eviction Process for squatters, according to Innago:
- The owner must send a formal eviction notice, as per Texas eviction laws. In Texas, the default notice is a three-day notice to quit, but landlords can enforce a shorter or longer notice period if it is specified in the lease agreement.
- After the notice period has expired, the owner must file a complaint of forcible detainer with the Texas Justice of the Peace Court. Filing for immediate possession may expedite the eviction process.
- The court will issue a summons or “citation” to court, which must be served to the squatter by the sheriff or constable.
- The owner must attend a hearing to present evidence of lawful ownership of the property to the judge.
- Upon confirming ownership, the judge will issue a writ of possession after five days have passed since the judgment. The writ gives the squatter final notice to leave.
- If the squatter does not move out within 24 hours after the writ is served, the sheriff will return to forcibly remove the squatter and restore legal possession to the owner.
“We do have to change our tactics. We cannot just arrive and somebody says, ‘Hey, they’re squatters.’ And we say, ‘Oh, there’s nothing we can do.’ No, there’s absolutely something we can do. It just takes time. We have to do some digging, we have to find out if there’s an owner. Usually, the main problem that we see is that all this is avoidable if we can get our parents or our elders to sign wills, some type of document, a legal document giving somebody the authority to sign our criminal trespass affidavit that we need once they pass. If we had that on every single house, we wouldn’t have the squatter situations,” Garcia said.
How to prevent a squatter from living in your vacant property
- Regularly inspect your property.
- Make your property appear inhabited during vacancy periods.
- Install adequate lighting and security systems to deter unauthorized entry.
- Secure all doors, windows, and access points with sturdy locks and barriers.
- Post “No Trespassing” signs on the property.
- Encourage neighbors to report any suspicious activity.
- Consider hiring a property management company to oversee and maintain the property.
- If feasible, keep the property in use, even if temporarily, to discourage squatting.
- Develop a good relationship with local law enforcement and notify them of the property’s vacancy to increase patrols and response to trespassing.
- Educate yourself on Texas squatter’s rights and be aware of any changes to Texas law on adverse possession.
- Contact a knowledgeable real estate attorney with any questions on Texas laws on squatters or adverse possession
What changes do state lawmakers want to make?
On May 15, The Senate Committee on Local Government called for a hearing to review the existing laws, but during the hearing, lawmakers did not propose any specific changes.
Some solutions proposed by attorneys who testified were to create new guidance to help law enforcement officers when dealing with trespassers, as well as new standards to determine whether a person has a right to be on a property and remove them if they don’t. They also suggested expediting the eviction process in certain cases, creating criminal penalties for trespassers and helping property owners recoup any financial losses.
New laws passed in Florida and Georgia this year were mentioned as possible models.
In Florida, a property owner now only needs to provide a statement saying an occupant is not authorized to be there and proof of ownership for an eviction to move forward. Doing so will allow law enforcement to vacate any occupants immediately. The occupant may file a civil suit after that and, if they show they were wrongfully removed, they may regain access to the property and recover costs and damages involved with the eviction.
Georgia created a new timeline for occupants to show they have a right to be on a property. They now have three business days after receiving a citation to present proof like a lease or rental agreement. If they do, the case must go before a court within a week.
The law also created nonjury trials for evictions and added monetary relief to make up for any losses property owners might incur.