Texas Squatters Rights and Adverse Possession: Rules and Removal
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Last updated November 14, 2026. Citations come from the Texas statutes and official agency pages linked in Sources. Where we could not confirm something on an official page, we say so.
Texas has two different things people call squatters rights: adverse possession, a claim to ownership that takes years, and a 2025 sheriff removal process for people who unlawfully entered a home. Adverse possession is in Civil Practice and Remedies Code Chapter 16. The removal process is Property Code Chapter 24B, effective September 1, 2025. This guide explains both from the statutes.
What is adverse possession in Texas?
The statute defines adverse possession as an actual and visible appropriation of real property, started and continued under a claim of right that is inconsistent with and hostile to another person’s claim (CPRC Sec. 16.021). The owner’s right to sue to recover the property expires after a set number of years, and then the possessor has full title (Sec. 16.030).
A person cannot acquire by adverse possession any right to land dedicated to public use (Sec. 16.030).
How many years does it take?
Texas has several limitation periods, and which one applies depends on the facts:
- 3 years: possession under title or color of title (Sec. 16.024).
- 5 years: the possessor cultivates, uses or enjoys the property, pays taxes and claims under a duly registered deed. This does not apply to claims based on a quitclaim deed, a forged deed or a deed under a forged power of attorney (Sec. 16.025).
- 10 years: the possessor cultivates, uses or enjoys the property. Without a title instrument, possession is limited to 160 acres unless the enclosed land is larger (Sec. 16.026).
- 25 years: applies even if the owner had a legal disability, and also covers a good-faith possessor under a recorded deed (Secs. 16.027 and 16.028).
Time does not run while the owner is under 18, of unsound mind or serving in the armed forces in time of war, except for the 25-year limits (Sec. 16.022). Texas cases add more detail on hostility and exclusivity, and we did not review court decisions, so talk to an attorney about a specific claim.
Adverse possession between heirs
Heirs who inherit undivided interests can sometimes acquire the other heirs’ shares. Sec. 16.0265 requires 10 continuous years of exclusive possession, payment of all taxes, an affidavit of heirship and an affidavit of adverse possession filed in the county deed records, four consecutive weeks of newspaper publication and certified-mail notice to the other heirs. A cotenant heir must file a controverting affidavit or sue within 5 years after the affidavits are filed.
If you share a family house with relatives who do not live there, this matters to both sides. See our guide to the Texas affidavit of heirship.
Removing a squatter under Chapter 24B
Chapter 24B lets the owner of residential real property, or the owner’s agent, ask the county sheriff or constable to immediately remove a person who unlawfully entered and occupies a dwelling without consent. It applies only if all of these are true (Sec. 24B.001):
- The property was not open to the public when the person entered, and no litigation is pending between the owner and the person.
- The owner or agent told the person to leave and they did not.
- The person is not a current or former tenant under an oral or written lease and is not an immediate family member of the owner.
The owner submits a complaint in the statutory form to the sheriff or constable of the county where the property is located, with government-issued ID (Sec. 24B.002).
The form states that the person is not a tenant, that any lease the person produces is fraudulent and that any title naming the person as owner is fraudulent.
The officer verifies the complainant is the record owner or agent, serves notice to vacate by hand or posting without delay and puts the owner in possession (Sec. 24B.003). The officer may charge a fee equal to a writ-of-possession fee.
A person who is wrongfully removed can sue the requester for actual damages, exemplary damages equal to three times the fair market rent, court costs and attorney’s fees (Sec. 24B.005). The chapter does not limit other remedies or an officer’s authority to arrest for trespass, vandalism or theft (Sec. 24B.006).
When someone is a tenant, not a squatter
If the occupant ever had a lease, Chapter 24B does not apply, and you use the eviction process instead. Our guide to the Texas eviction process covers the notice, justice court and writ steps. We could not confirm from an official page how sheriffs handle Chapter 24B requests in practice, including fees and forms, so ask your county sheriff or constable’s office.
How to sell a house in Texas when someone else is living in it
- Find out what the title company needs. For an inherited or transferred house, that usually means the recorded document that shows who owns it today.
- Get a payoff for any mortgage and the amount of any unpaid property tax. Both are paid from the sale proceeds at closing.
- Compare offers on what you net after repairs, commissions and closing costs, not on the headline price.
- If you want a fast, simple closing, ask for a written cash offer. We buy houses as-is, with no repairs and no agent commission. See how we buy houses in Texas.
Texas squatters rights FAQ
How long does adverse possession take in Texas?
Between 3 and 25 years depending on the facts: 3, 5, 10 or 25 years under Civil Practice and Remedies Code Secs. 16.024 to 16.028.
Can a squatter claim my house in Texas?
Only after meeting the statutory possession period and showing actual, visible possession hostile to the owner's claim (Sec. 16.021). Paying taxes and holding a recorded deed shorten the period in some cases.
How do I remove a squatter in Texas?
If the person unlawfully entered, was never a tenant and is not an immediate family member, you can submit a Chapter 24B complaint to the county sheriff or constable (Property Code Secs. 24B.001 to 24B.003). Otherwise use the eviction process.
What if I remove someone who was really a tenant?
The person can sue for actual damages, three times the fair market rent in exemplary damages, costs and attorney's fees (Sec. 24B.005).
Sources
- Texas Civil Practice and Remedies Code, Chapter 16 (Limitations)
- Texas Property Code, Chapter 24B (Removal of Certain Unauthorized Occupants)
This guide is general information, not legal or tax advice. Laws, forms and fees change, so confirm details with the official office or a Texas attorney or tax professional.