Last fall, my friend Brian Thompson, who manages a senior 55+ community, was startled whenhe discovered unauthorized occupancy in one of the properties under his care. Upon investigation, he reached out to the owner, a Winter Texan from the Midwest, to inquire if they had arrived early for their scheduled check-in date. To Brian's dismay, the owner confirmed that they were not due to arrive until the following month. It became evident to Brian that there was a squatter residing in the property without invitation and later found out that the person who had taken up residence, was an illegal immigrant. Brian promptly informed the owner of the situation, initiating a challenging endeavor to regain rightful possession of the property on behalf of its legal owner from the Midwest.

Squatters, enigmatic individuals who take up residence in abandoned or unoccupied properties,have always fascinated and puzzled property owners. Their ability to potentially gain legal ownership of the premises they inhabit often leaves people wondering and worrying. Squatters' rights, a legal concept present in various forms across the United States, including Texas, add complexity to the situation. The criteria for asserting these rights differ from state to state, underscoring the importance of understanding local laws thoroughly. In Texas, the specifics of squatters' rights diverge from those in other states. While it's reassuringly challenging for squatters to meet all the prerequisites for a successful legal claim to your property, beingproactive is wise. This article will delve into squatters' rights in Texas and elucidate the workings of adverse possession within the state.

When a squatter asserts legal possession of your property, they are not required to make any payments for it. It underscores the importance of comprehending the pertinent Texas laws to prevent finding yourself in such a predicament. Failing to initiate eviction proceedings or notify the authorities can lead to the squatter transitioning from being seen as a criminal trespasser to potentially acquiring rights to your property and initiating a claim for it. It's crucial to note that self-eviction is unlawful in Texas. Adhering to the correct eviction procedures is imperative throughout the legal dispute, regardless of the outcome of the eviction lawsuit. Attempting to evict a tenant independently is prohibited at any stage.

Squatter's rights, also termed adverse possession, encompass the legal principles permitting squatters to acquire ownership of a property through prolonged occupation, even in the absence of the owner's consent. Though squatter's rights may appear outdated in modern times, adverse possession principles were originally established to incentivize productive land use and deter property neglect. While there is no overarching federal legislation concerning squatter's rights, legal precedents exist for them in each state, along with laws delineating certain requirements for asserting an adverse possession claim.

To establish adverse possession in Texas, a squatter must satisfy one of the following conditions outlined in Tex. Prop. Code § 16.024-16.026:

• Occupy the property with color of title continuously for a minimum of three years.
• Occupy the property, possess a recorded deed in their name, fulfill all property tax obligations,and cultivate the land uninterruptedly for at least five years.
• Occupy the property and enhance the land continuously for a minimum of ten years. (Note: The parcel must be smaller than 160 acres unless enclosed.)

It's important to note that the shorter the duration of occupation, the more stringent the requirements become for asserting an adverse possession claim. In Texas, color of title is solely necessary for adverse possession if a squatter seeks to claim the land after three years of occupation. "Color of title" denotes a legal assertion to a property lacking one or more of the appropriate documents, such as an official deed.

Squatters must also fulfill five general criteria:

• Hostile/Adverse Possession: The squatter must lack a valid lease or rental agreement with the property owner.
• Actual Possession: The squatter must have actively resided on the property for a specific duration.
• Open and Notorious Possession: The squatter's occupancy of the property must be openly evident to neighbors or anyone else; they cannot reside there covertly or attempt to conceal their presence.
• Exclusive Possession: The squatter must possess the property solely, without sharing it with others, and must prevent others from occupying it as an owner would.
• Continuous Possession: The squatter must maintain uninterrupted and continuous possession of the property for a specified period (three to ten consecutive years in Texas).

How to Evict a Squatter in Texas

In Texas, as in nearly all other states, removing a squatter requires following the complete judicial eviction process. Treating the squatter akin to any other tenant ensures the invalidation of any adverse possession claim they might attempt. Upon discovering a squatter residing in your property, it's imperative to serve them with a proper eviction notice, file a formal eviction complaint in court, and either personally attend or have your attorney represent you at a hearing to lawfully evict the squatter.

Here's an outline of the eviction procedure for squatters in Texas:

• The property owner must issue a formal eviction notice, adhering to Texas eviction laws. Typically, in Texas, a three-day notice to quit is the default, although landlords can stipulate a shorter or longer notice period if specified in the lease agreement.
• Following the expiration of the notice period, the property owner must file a complaint of forcible detainer with the Texas Justice of the Peace Court. Opting for immediate possession may hasten the eviction process.
• The court will issue a summons or "citation" to court, which the sheriff or constable must serve to the squatter.
• The property owner must appear at a hearing to present evidence of lawful ownership of the property to the judge.
• After confirming ownership, the judge will issue a writ of possession, typically five days following the judgment. This writ serves as final notice for the squatter to vacate the premises.
• If the squatter fails to vacate within 24 hours after receiving the writ, the sheriff will return to forcibly remove the squatter and restore legal possession to the owner.
• Remember that police officers cannot remove squatters—you must call the sheriff, who has the appropriate jurisdiction to remove the squatter. 

To safeguard your vacant property from potential squatters, consider implementing these
practical measures:

• Conduct regular inspections of your property to detect any unauthorized occupation.
• Create an appearance of occupancy during vacancy periods by maintaining the property's appearance.
• Install robust lighting and security systems to discourage unlawful entry.
• Ensure all entry points, including doors, windows, and access points, are securely locked andreinforced.
• Display conspicuous "No Trespassing" signs on the premises.
• Encourage neighbors to report any suspicious activities or individuals.
• Consider enlisting a property management company to oversee and upkeep the property in your absence.
• If possible, keep the property in use, even temporarily, to deter potential squatting.
• Foster a positive relationship with local law enforcement and inform them of the property's vacancy to enhance patrols and response to trespassing incidents.
• Educate yourself about Texas squatters' rights and stay informed about any legislative changes regarding adverse possession laws in the state.
• Seek guidance from a knowledgeable real estate attorney regarding any inquiries or concerns regarding Texas laws pertaining to squatters or adverse possession.

RE: Brian and the squatter, upon the arrival of the Sheriff after being called, the unauthorized occupant voluntarily vacated the premises and was turned over to Border Patrol. This incident served as a valuable lesson for all parties involved.