Squatters Rights

Adverse possession, sometimes colloquially described as "squatter's rights", is a legal principle under which a person who does not have legal title to a piece of property usually land (real property) may acquire legal ownership based on continuous possession or occupation of the property without the permission (

Under Texas law, a squatter can make an adverse possession claim after possessing a property continuously for at least 10 years. After the 10-year period has passed, the squatter is no longer considered a criminal trespasser.

Unfortunately, it is illegal in Texas to forcibly remove a squatter from your property. To do so legally, you must file an eviction against the squatter in the same manner you would evict a tenant for non-payment of rent.

Squatters in Texas have certain basic rights. The law gives them rights to the property even if they don't legally own it. As long as the squatter isn't served an eviction notice, they are legally allowed to live on the property and over time could gain legal ownership rights over the property.

1Serve a 3-Days' eviction notice to the squatter. This notice gives the squatter three days to either pay all due rent for living on the property or leave.2Serve the sheriff with a Writ of Restitution.

1Call the police. Act immediately if you discover a squatter and call the police.2Give notice then file an unlawful detainer action.3Hire the sheriff to force the squatter out.4Legally handle the abandoned personal property.

Under California law, the squatters must remain on the property for at least five years, and pay taxes on property every year.