Texas Adverse Possession Affidavit - Squatters Rights
What is this form?
The Adverse Possession Affidavit, often referred to as a squatters rights affidavit, is a legal document used to assert a claim of ownership over a property through adverse possession. This form is specifically tailored to comply with Texas law and serves as a formal declaration to notify current property owners of the claim. By filing this affidavit, individuals can establish a legal basis for their occupancy and ownership, differentiating it from other real estate forms that may simply involve rental agreements or property transfers.
What’s included in this form
- Identification of the affiant, the person making the claim.
- Details about the property in question, including legal description and location.
- Statement of the affiant's residency and duration of occupancy.
- Declaration of adverse possession by the previous owners, including payment of taxes.
- Notary public section for official validation of the affidavit.
When to use this form
This form is typically used when an individual has occupied a property without the owner's consent for a specific period, usually ten years in Texas, while meeting the criteria of visible and continuous possession. The affidavit serves to formally claim ownership rights against any prior owners or parties that may dispute the claim. It is essential in situations where squatters wish to assert their rights to avoid eviction or challenge property ownership disputes.
Who should use this form
- Individuals who have occupied a property as squatters and wish to claim ownership.
- Current residents of Texas needing to establish legal rights to property.
- Attorneys assisting clients with adverse possession claims.
Instructions for completing this form
- Identify and fill in the name of the affiant who is claiming adverse possession.
- Specify the county and state of residence for proper jurisdiction.
- Provide the legal description of the property in question.
- State the length of occupancy and any relevant details about the prior owners.
- Sign the affidavit in the presence of a notary public to validate the claim.
Does this document require notarization?
Notarization is required for this form to take effect. Our online notarization service, powered by Notarize, lets you verify and sign documents remotely through an encrypted video session, available 24/7.
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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
Typical mistakes to avoid
- Failing to provide a complete legal description of the property.
- Not specifying the duration of residency accurately.
- Omitting the required signatures or notary section.
- Neglecting to retain copies of the filed affidavit for personal records.
Why complete this form online
- Convenient access to the form for immediate download and completion.
- Editability allows users to customize the affidavit as needed.
- Reliability of having legally vetted templates created by licensed attorneys.
Legal use & context
- The affidavit establishes a claim of ownership through adverse possession under Texas law.
- It provides a formal notice to the original owners regarding the claim.
- Adverse possession can lead to legal disputes, making proper documentation crucial.
Summary of main points
- The Adverse Possession Affidavit is essential for those claiming ownership through occupation.
- Complete all sections accurately to avoid common mistakes.
- Notarization is necessary to validate the affidavit and strengthen the claim.
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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 (
