Texas Adverse Possession Affidavit - Squatters Rights
About this form
The Adverse Possession Affidavit is a legal document that is used to assert a claim of ownership over a property based on adverse possession, specifically under Texas law. This form differs from standard property deeds as it provides formal notice to original owners and the public regarding someone's claim to property that has not been actively contested for a specified period. It serves to legally document the circumstances under which the claimant has used the property without the consent of the original owner.
Key components of this form
- Affiant's personal information, including name and residency details.
- Description of the property in question.
- Statement of continuous, exclusive, and open possession of the property.
- Duration of possession, specifying the number of years.
- Certification of tax payments on the property during possession.
- Notary section for legal validation of the affidavit.
When this form is needed
This form should be used when an individual or entity seeks to establish a claim of ownership over a property through adverse possession, particularly in Texas. It is often necessary when the original owner's rights have not been exercised for a significant period and the individual claiming ownership has occupied the property openly and without dispute.
Who should use this form
- Individuals who have occupied a property for the required duration and want to formalize their ownership claim.
- Property owners seeking to document and notify original owners of their adverse possession claim.
- Legal professionals assisting clients with property rights issues.
Completing this form step by step
- Identify the affiant (the person making the statement) and include their personal information.
- Specify the property location and provide a detailed description.
- Enter the duration of possession in years.
- State that all applicable taxes on the property have been paid during the possession period.
- Sign the affidavit in front of a notary public to complete the process.
Is notarization required?
To make this form legally binding, it must be notarized. Our online notarization service, powered by Notarize, lets you verify and sign documents remotely through an encrypted video session.
Mistakes to watch out for
- Failing to provide a complete and accurate property description.
- Not stating the exact duration of possession.
- Omitting the notary signature, which makes the document invalid.
- Not providing evidence of tax payments during the possession period.
Advantages of online completion
- Convenience of downloading and completing the form from home.
- Editable formats ensure you can customize the affidavit as needed.
- Access to professionally drafted templates ensures legal compliance.
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FAQ
Under California law, the squatters must remain on the property for at least five years, and pay taxes on property every year.
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.
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.
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.
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.
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.
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 (
