Squatters Rights Texas Summary
Statutory Period
3, 5, or 10 years (depending on circumstances)
Primary Statute
Texas Civil Practice & Remedies Code § 16.021 to § 16.037
Additional Requirements
- Open, notorious, exclusive, and hostile possession
- Payment of property taxes (for 5-year claim)
- Color of title (for 3-year claim)
- Recorded deed (for 5-year claim)
- Cultivation, use, or enjoyment of the property
Squatters Rights 30 Days Texas
There is a pervasive misconception that squatters in Texas can gain legal rights after just 30 days of occupation. This claim is completely false and has no basis in Texas state law. Understanding the actual legal requirements is important for both property owners and occupants.
Origins of the 30-Day Myth in Texas
This misinformation stems from several sources:
- Confusion with tenant laws: Texas's landlord-tenant laws provide specific protections to legal tenants, including notice requirements before eviction. These do not apply to unauthorized occupants.
- Misunderstanding of adverse possession: The actual statutory period for adverse possession in Texas is 10 years (or 5 years with color of title and tax payment), not 30 days.
- Eviction process timelines: The time it takes to legally remove unauthorized occupants through the court system may create the impression that squatters have legal rights after a short period.
Texas's 2025 Squatter Removal Process
Texas law provides property owners with several options to remove unauthorized occupants:
- Property owners can request law enforcement assistance in removing trespassers through Texas's criminal trespass laws (Texas Penal Code § 30.05)
- For situations requiring court action, Texas offers a forcible entry and detainer process (Texas Property Code Chapter 24)
- Property owners must provide proof of ownership such as a deed or proper documentation
- As of 2025, Texas has strengthened trespassing penalties and clarified removal procedures
Important 2025 Update: Texas has clarified its trespassing laws to better address squatting situations, with amendments to Texas Penal Code § 30.05 to more explicitly address unauthorized property occupation. Law enforcement can now more readily remove unauthorized occupants. For actual adverse possession in Texas, a claimant must occupy the property for either 3, 5, or 10 years depending on circumstances, not 30 days as commonly misunderstood.
Overview of Adverse Possession in Texas
Key information about squatter's rights in Texas
Texas's adverse possession laws feature a multi-tiered system with different time requirements based on documentation and tax payment. The state also has unique considerations for mineral interests and oil and gas properties.
Multi-Tiered Statutory Time Requirements
Texas offers three different paths to establish adverse possession:
- 3 years: With title or color of title (§ 16.024)
- 5 years: With recorded deed, cultivation/use, and payment of property taxes (§ 16.025)
- 10 years: Standard adverse possession period with cultivation, use, or enjoyment (§ 16.026)
Reference: Texas Civil Practice & Remedies Code
Common Law Elements
To establish adverse possession in Texas, the following elements must be proven:
- Actual: Physical occupation of the property
- Hostile: Possession without the owner's permission
- Exclusive: Using the property as if the possessor were the owner
- Open and Notorious: Visible use that would be obvious to the true owner
- Continuous: Uninterrupted possession for the entire statutory period
Oil and Gas Interests
Texas has unique rules regarding adverse possession of mineral interests:
- Oil and gas leasehold estates can be adversely possessed
- Production of oil and gas can constitute "use" for adverse possession
- Mineral interests can be severed from surface rights
- Adverse possession of surface rights does not automatically include mineral rights
- Specific acts like drilling and production are required to adversely possess mineral interests
These rules reflect Texas's status as a major oil and gas producing state and have been developed through cases like Natural Gas Pipeline Co. of America v. Pool.
Texas Adverse Possession Statutes
Texas Civil Practice & Remedies Code § 16.021. Definitions
In this subchapter:
(1) "Adverse possession" means an actual and visible appropriation of real property, commenced and continued under a claim of right that is inconsistent with and is hostile to the claim of another person.
(2) "Color of title" means a consecutive chain of transfers to the person in possession that:
(A) is not regular because of a muniment that is not properly recorded or is only in writing or because of a similar defect that does not want of intrinsic fairness or honesty; or
(B) is based on a certificate of headright, land warrant, or land scrip.
Texas Civil Practice & Remedies Code § 16.024. Adverse Possession: Three-Year Limitations Period
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.
Texas Civil Practice & Remedies Code § 16.025. Adverse Possession: Five-Year Limitations Period
(a) A person must bring suit not later than five years after the day the cause of action accrues to recover real property held in peaceable and adverse possession by another who:
(1) cultivates, uses, or enjoys the property;
(2) pays applicable taxes on the property; and
(3) claims the property under a duly registered deed.
(b) This section does not apply to a claim based on a forged deed or a deed executed under a forged power of attorney.
Texas Civil Practice & Remedies Code § 16.026. Adverse Possession: 10-Year Limitations Period
(a) 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.
(b) 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.
(c) 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.
Important Legal Notes
- Texas courts have consistently held that payment of property taxes is required for the 5-year statutory adverse possession but not for the 10-year period.
- Under Texas law, multiple periods of adverse possession may be "tacked" together if there is privity between successive occupants.
- Adverse possession claims in Texas must be initiated by filing a trespass to try title action or quiet title action.
- Texas specifically exempts certain government-owned lands from adverse possession claims.
- Texas has special provisions for adverse possession between cotenants, requiring notice or repudiation of the relationship.
Key Texas Adverse Possession Cases
Rhodes v. Cahill (2021)
The Texas Supreme Court clarified that the hostility requirement means only that the possessor is occupying the property without permission from the true owner, not that there must be an intentional trespass or ill will. The court confirmed that a good faith but mistaken belief about property boundaries can still satisfy the hostility requirement.
Tran v. Macha (2018)
The Texas Supreme Court held that casual or sporadic use of property is insufficient to establish adverse possession. The court emphasized that possession must be actual and visible, with acts that clearly indicate a claim of ownership. This case reinforced the requirement for continuous and visible use of the property.
Natural Gas Pipeline Co. of America v. Pool (2003)
This landmark case established that even oil and gas leasehold estates can be adversely possessed in Texas. The Texas Supreme Court held that when the original lessee continued to produce oil after the lease had expired, they established adverse possession against the mineral interest owner.
King Ranch, Inc. v. Chapman (2005)
In this significant case involving one of Texas's most famous ranches, the Texas Supreme Court addressed the requirements for proving adverse possession in large tract cases. The court emphasized the need for actual and visible appropriation of the land, particularly when dealing with remote or large tracts of land.
Texas Adverse Possession Procedures
Making an Adverse Possession Claim
To establish adverse possession in Texas, a claimant typically must:
- File a trespass to try title action or quiet title action in the district court of the county where the property is located
- Provide evidence meeting either:
- 3-year requirement under § 16.024 (with title or color of title), OR
- 5-year requirement (with recorded deed, cultivation, and tax payment) under § 16.025, OR
- 10-year requirement (with cultivation, use, or enjoyment) under § 16.026
- Demonstrate that possession was actual, open, notorious, exclusive, hostile, and continuous
- Present evidence such as witness testimony, photographs, surveys, tax receipts, and documentation of improvements
- Be prepared to address any evidence of permissive use or interruption of possession
- Obtain a court judgment granting legal title to the property
Following a successful action, the claimant should record the judgment with the appropriate county clerk's office to establish clear title to the property.
Defending Against Squatters
Texas property owners can protect against adverse possession claims by:
- Regularly inspecting property boundaries and the entire property
- Posting "No Trespassing" signs around the property perimeter
- Maintaining accurate property surveys and documentation
- Providing written permission for any allowed use of the property
- Paying property taxes on time
- Taking prompt legal action against encroachments
- Filing a suit to interrupt the adverse possession period
- Recording affidavits or other documents asserting ownership
- Considering a property management service for vacant properties
Any action that interrupts the continuity of possession will restart the statutory period and prevent an adverse possession claim from maturing.
Removing Squatters
Texas provides property owners with several options for removing unauthorized occupants:
- Law Enforcement Assistance: For clear cases of trespassing, property owners can request assistance from law enforcement to remove unauthorized occupants under Texas's criminal trespass laws (Texas Penal Code § 30.05).
- Forcible Entry and Detainer: This is Texas's eviction process for removing unauthorized occupants:
- File a forcible entry and detainer suit with the justice court in the precinct where the property is located (Texas Property Code Chapter 24)
- The court will issue a citation requiring the occupant to appear (typically within 10-21 days)
- Attend the hearing
- If successful, obtain a writ of possession (usually after a 5-day appeal period)
- Have the constable or sheriff execute the writ to remove the squatters
- Trespass to Try Title Action: For more complex cases where ownership is disputed, a trespass to try title action may be necessary.
Important: While Texas law is generally more favorable to property owners than many other states, "self-help" eviction methods like changing locks or cutting off utilities without following legal procedures can still result in liability. It's generally safer to use the legal processes available.
Frequently Asked Questions
Is there a 30-day squatter's rights law in Texas?
No. There is no 30-day squatter's rights law in Texas. This is a common misconception. Under Texas law, adverse possession requires continuous possession for at least 3 years (with title or color of title), 5 years (with recorded deed and tax payments), or 10 years (standard claim), along with meeting other legal requirements. The 30-day myth likely stems from confusion with tenant protection laws or the time it takes to legally remove unauthorized occupants.
How does Texas's multi-tiered adverse possession system work?
Texas has three main statutory periods for adverse possession: (1) 3 years if the possessor has title or color of title; (2) 5 years if the possessor has a recorded deed, cultivates or uses the property, and pays property taxes; and (3) 10 years for standard claims based on cultivation, use, or enjoyment without special documentation. Each tier has specific requirements that must be met in addition to the common law elements of adverse possession.
Can squatters claim rights to abandoned property in Texas?
Technically yes, but only after meeting all requirements for adverse possession, including at least 3, 5, or 10 years of continuous, open, notorious, exclusive, and hostile possession (depending on which statutory provision applies). Simply occupying an abandoned property for a short period does not create any legal rights. Property owners can prevent such claims by periodically inspecting their properties and taking action against unauthorized occupants.
Does paying property taxes help establish adverse possession in Texas?
Yes, paying property taxes is explicitly required for the 5-year statutory period under Texas Civil Practice & Remedies Code § 16.025. For the 3-year and 10-year periods, tax payment is not specifically required by statute, but evidence of tax payment can help demonstrate a claim of right and the open and notorious nature of possession. Courts often consider tax payment as significant evidence of adverse possession.
What is "color of title" and how does it affect adverse possession in Texas?
In Texas, "color of title" is specifically defined in § 16.021 as a consecutive chain of transfers that is not regular due to a defect in recording or documentation. Having color of title allows a possessor to claim adverse possession after only 3 years, rather than the standard 10 years. Color of title is different from having a recorded deed, which is required for the 5-year statutory period.
Can I remove squatters from my property without going to court in Texas?
In clear cases of trespassing where the occupants have no colorable claim to the property, you can request police assistance for removal under Texas's criminal trespass laws. Texas law does permit some limited "self-help" measures, but these carry significant legal risks. For most situations, especially if the occupants have been present for some time, using formal legal procedures like forcible entry and detainer (eviction) is the safer approach.