General information, not legal advice. Landlord-tenant rules change, and cities and counties can add their own. Check the current statute and local ordinances, and talk to a licensed attorney before you act.
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The short version
- Depending on the facts, adverse possession takes 3, 5, 10 or 25 years of peaceable and adverse possession.
- Someone holding title or color of title can claim after 3 years of adverse possession.
- The 5 year route requires a recorded deed, paying the property taxes and cultivating, using or enjoying the property.
- Owners usually remove an unauthorized occupant through an eviction suit, called forcible entry and detainer, in justice court.
Texas has several adverse possession periods, from three years for someone holding a title document to ten years or more for others. Owners usually remove an unauthorized occupant with an eviction suit in justice court.
Texas squatters rights at a glance
| Rule | Texas | Law |
|---|---|---|
| Adverse possession period | Depending on the facts, adverse possession takes 3, 5, 10 or 25 years of peaceable and adverse possession. | Civil Practice and Remedies Code sections 16.024 to 16.028 |
| Claim under a document (color of title) | Someone holding title or color of title can claim after 3 years of adverse possession. | Civil Practice and Remedies Code section 16.024 |
| Paying property taxes | The 5 year route requires a recorded deed, paying the property taxes and cultivating, using or enjoying the property. | Civil Practice and Remedies Code section 16.025 |
| How owners remove occupants | Owners usually remove an unauthorized occupant through an eviction suit, called forcible entry and detainer, in justice court. | Texas Property Code chapter 24 |
Adverse possession
An occupant can gain title only after a long period of open, continuous possession without the owner’s permission, and only by meeting every condition the law sets.
Adverse possession period. Depending on the facts, adverse possession takes 3, 5, 10 or 25 years of peaceable and adverse possession. (Civil Practice and Remedies Code sections 16.024 to 16.028)
Claim under a document (color of title). Someone holding title or color of title can claim after 3 years of adverse possession. (Civil Practice and Remedies Code section 16.024)
Paying property taxes. The 5 year route requires a recorded deed, paying the property taxes and cultivating, using or enjoying the property. (Civil Practice and Remedies Code section 16.025)
Removing an unauthorized occupant
How owners remove occupants. Owners usually remove an unauthorized occupant through an eviction suit, called forcible entry and detainer, in justice court. (Texas Property Code chapter 24)
Where the case is filed. Eviction suits are filed in the justice court for the precinct where the property is located. (Property Code section 24.004 and Texas Rules of Civil Procedure 510)
Why force backfires
Removing an occupant by force can expose an owner to liability, especially if the occupant claims to be a tenant.
Self-help eviction. Landlords may not shut off utilities to force a tenant out, and lockouts are allowed only under strict notice rules that require giving the tenant a new key on request. (Property Code sections 92.008 and 92.0081)
Protecting a vacant property
Visit vacant properties on a schedule, keep them locked and lit, post no trespassing signs where allowed, and act quickly when someone moves in. Do not accept money from an occupant, because rent can look like a tenancy.
Mistakes to avoid
- Waiting months to act after someone moves in.
- Changing locks or removing belongings yourself.
- Accepting rent or utility payments from the occupant.
- Leaving a vacant property unchecked for long stretches.
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General information, not legal advice.
Verify current law
We last checked these Texas rules on . Laws change and cities can add their own, so confirm the current text before you rely on it, and talk to a Texas attorney about your situation.
Laws named on this page
- Civil Practice and Remedies Code sections 16.024 to 16.028
- Civil Practice and Remedies Code section 16.024
- Civil Practice and Remedies Code section 16.025
- Texas Property Code chapter 24
- Property Code section 24.004 and Texas Rules of Civil Procedure 510
- Property Code sections 92.008 and 92.0081
Official sources
Texas forms for this topic
Letters and checklists for this topic
The parts people misread.
How long does adverse possession take in Texas?
Depending on the facts, adverse possession takes 3, 5, 10 or 25 years of peaceable and adverse possession. Source: Civil Practice and Remedies Code sections 16.024 to 16.028.
Does a squatter have to pay property taxes in Texas?
The 5 year route requires a recorded deed, paying the property taxes and cultivating, using or enjoying the property. Source: Civil Practice and Remedies Code section 16.025.
How does an owner remove a squatter in Texas?
Owners usually remove an unauthorized occupant through an eviction suit, called forcible entry and detainer, in justice court. Source: Texas Property Code chapter 24.