How to excute my squatters rights in Texas

This is a discussion on How to excute my squatters rights in Texas within the Other Real Estate Law Matters forum, part of the REAL ESTATE & PROPERTY LAW category; Country: United States of America State: Texas There is a property in my neighborhood that has been abandoned for sometime, ...

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Old Aug 28th, 2011, 05:56 PM   #1
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Default How to excute my squatters rights in Texas

Country: United States of America
State: Texas

There is a property in my neighborhood that has been abandoned for sometime, to excute my squatters rights in Texas what do I need to do to claim full property of the deed?
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Old Aug 28th, 2011, 11:11 PM   #2
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Default Re: How to excute my squatters rights in Texas

I wish to inform you that squatters rights in Texas provide that you must have adverse possession over the property for 30 years. In this regard you must not have been using property with consent of property owner. You will have the burden to show that you have occupied your neighborhood abandoned property for past 30 years in order to claim squatters rights.

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Old Aug 29th, 2011, 09:56 AM   #3
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Default Re: How to excute my squatters rights in Texas

Your best bet would be to see if the city takes it and then buy it at the auction.
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Old Aug 29th, 2011, 01:51 PM   #4
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Default Re: How to excute my squatters rights in Texas

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Originally Posted by grandpaTX View Post
Country: United States of America
State: Texas

There is a property in my neighborhood that has been abandoned for sometime, to excute my squatters rights in Texas what do I need to do to claim full property of the deed?
There are various statutes of limitations and ways on can take property in Texas by adverse possession, ranging from 3 years to 10 years.

From a Texas lawyer:

"Adverse possession refers to the circumstances under which one may lawfully lay claim to ownership of property not originally one’s own. The statute governing the rules of adverse possession is Texas Civil Practices & Remedies Code Sec.16.021 et seq. (“CPRC”). The statute defines adverse possession as “an actual and visible appropriation of real property, commenced and continued under a claim of right that is inconsistent with and is hostile to the claim of another person.” Case law adds that it must be true that the possessor of the property actually does possess it (the belief of entitlement to possess is not enough), possesses it continuously (sporadic possession is not sufficient), and that he peaceably and intentionally asserts a claim of right to the exclusion of all others. It is not enough to be merely caring for the property temporarily, or even paying the taxes on it, until the owner reappears. Possession shared with the original owner is not enough. Further, the location of the tract of land must be determinable with reasonably certainty. It must have boundaries.



".... As the Texas Supreme Court stated, the adverse possession “doctrine itself is a harsh one, taking real estate from a record owner without express consent or compensation.” Tran v. Macha, 213 W.W.3d 913,914 (Tex. 2006). The statute sets forth rules and conditions under which the doctrine applies. These must be conclusively met. Close enough is not good enough. In the event adverse possession is litigated, all of these issues become questions of fact to be decided by a court of law.



The statute is structured in such a way as to require an affirmative act by the original owner to reclaim the property within certain periods of time, referred to as statutes of limitation. If he is prevented from doing so by physically recapturing possession, then he must file a trespass to try title suit in order to reclaim possession and establish legal ownership. If the original owner does not take either action, then his claim is barred, and the adverse possessor prevails. Note that the doctrine of adverse possession does not apply to public lands or against a government entity.



The Various Statutes of Limitation The law of adverse possession is based on notice along with the opportunity to respond to that notice. The legitimacy of an adverse possession claim is established when circumstances are such that it is visible to others – meaning others are or should be on notice - that the possessor is asserting a claim of right to the property which is actual, open, notorious, exclusive, hostile, continuous, and uninterrupted for the applicable statutory period – referred to in the CPRC as statutes of limitation. Note that the burden here is on the owner. Once an owner discovers the presence of a potential adverse possessor or is otherwise put on notice of an adverse possession claim, he or she must act to defeat the adverse possessor’s claim within the period prescribed by one of three statutes of limitation – or lose title. These are:


Sec. 16.024 - The Three-Year Statute
A person [i.e., the original owner] must bring suit to recover real property held by another in peaceable and adverse possession under title or color title not later than three years after the day the cause of action accrues.


Under this section, the possessor must actually have title (i.e., a deed as part of a regular chain of title) or at least “color of title,” which refers to a claim of title that has some reasonable basis but for some legitimate reason does not fit within the usual chain of title. So, the possessor must be able to produce some conveyance/title paperwork to support his claim if he is to assert adverse possession within the three-year statute.



Sec. 16.025 - The Five-Year Statute
(a) A person [i.e., the original owner] must bring suit not later than five years after the day the cause of action accrues to recover real property held in peaceable and adverse possession by another who:

(1) cultivates, uses, or enjoys the property;
(2) pays applicable taxes on the property; and
(3) claims the property under a duly registered deed.


(b) This section does not apply to a claim based on a forged deed or a deed executed under a forged power of attorney.
Under this five-year statute, some sort of deed of record is still required.
Sec. 16.026 - The Ten-Year Statute (Nicknamed the “Bare Possession Statute”)
(a) A person must bring suit not later than 10 years after the day the cause of action accrues to recover real property held in peaceable and adverse possession by another who cultivates, uses, or enjoys the property.

(b) Without a title instrument, peaceable and adverse possession is limited in this section to 160 acres, including improvements, unless the number of acres actually enclosed exceeds 160. If the number of enclosed acres exceeds 160 acres, peaceable and adverse possession extends to the real property actually enclosed.

(c) Peaceable possession of real property held under a duly registered deed or other memorandum of title that fixes the boundaries of the possessor’s claim extends to the boundaries specified in the instrument.
The ten-year statute is the “catch all.”A deed or other memorandum of title is not necessary so long as the elements of adverse possession are met – however, such documentation may be useful to establish the boundaries of the claimed tract. Otherwise the key to determining boundaries is what area is fenced in as a “designed enclosure” - not just a “casual fence.” Rhodes v. Cahill, 802 S.W.2d 643,646 (Tex. 1990).


Two other sections, Sec.16.027 and Sec.16.028, are less commonly used. The first provides a 25 year statute of limitation “regardless of whether the person is or has been under a legal disability.” The second allows a 25 year statute based on a title instrument, even if that instrument is void on its face or in fact.



Statutes of limitation do not include any periods of disability on the part of the original owner (e.g., he was under 18 years old, of unsound mind, or serving in the armed forces in time of war).


Statutes of limitation may be “tacked” or combined by various successive possessor of the property so long as there exists “privity of estate” (a direct legal connection) between these persons."


A fundamental requirement of adverse possession is that one must commit actual, open, notorious, possession of the property, not just eye it. If one fences, or puts structures on, and/or maintains an adjoining property as if it were their own, that could be constructed as open, notorious, adverse possession. I would recommend consulting with a real estate lawyer for advice on whether your circumstances meet the test of adverse possession.
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Old Feb 16th, 2012, 11:43 PM   #5
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Default Re: How to excute my squatters rights in Texas

Regarding to the topic squatters right I've heard that Court decisions have not always looked favorably upon squatters. One well-known squatter, Kenneth Robinson, was attempting to get a $330,000 home for the $16 filing fee, and has been evicted from the home he was occupying. Article resource: >Courts are kicking adverse possession practitioners out of homes. Squatters law depends on where you are, you might be able to acquire the land through what’s known as adverse possession if you meet several statutory requirements in your state.
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Old Feb 17th, 2012, 08:34 PM   #6
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Default Re: How to excute my squatters rights in Texas

Adverse possession and squatters rights are one and the same. If one reads the post above with the Texas statute quoted verbatim, they will realize that nowhere is the term "squatters rights" used. That term goes back to old West days but is still used to describe what is legally termed "adverse possession."
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Old Feb 23rd, 2012, 10:00 AM   #7
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Default Re: How to excute my squatters rights in Texas

Originally Posted by Friend In Court:
Adverse possession and squatters rights are one and the same. If one reads the post above with the Texas statute quoted verbatim, they will realize that nowhere is the term "squatters rights" used. That term goes back to old West days but is still used to describe what is legally termed "adverse possession."
According to my Real Estate Dictionary, adverse possession and squatter's rights are not "one in the same".

Adverse Possession: a method of obtaining ownerships rights by the open, notorious, exclusive and hostile possession of private real property for a statutory period which varies from state to state (from 5 to 30 years). Some states have additional requirements - such as payment of property taxes by the adverse possessor. The true owner is then barred (statute of limitations) from asserting his/her rights. The adverse possessor has no evidence of title without court action.

Squatter's Rights: commonly confused with adverse possession. A squatter has no ownership rights and cannot - under the definition of a squatter - acquire any since he claims no interest adverse to the owner.

Squatter: one who lives on another's land without authority or claim of a right to possession. The land may either be private or public.

Sorry, "Friend" but your information is incorrect.
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Old Feb 24th, 2012, 03:14 PM   #8
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Default Re: How to excute my squatters rights in Texas

I do not know what the problem is with the above anonymous poster. The original question was how to exercise (acquire) squatter's rights in Texas. I posted the applicable statutes which are how to acquire property by adverse possession -- the open, notorious, possession of property adverse to the owner's interests. There is no remedy under law for "squatter's rights". Adsverse possession is the legal term. Until one meets the legal requirements to take the property by adverse possession, the are just a squatter without any legal right or entitlement to the property.

When one is looking up the meaning of a legal term, the best authorities are law dictionaries, Black's being the most commonly used in the profession -- on par with Noah Webter's for the English language.

Here is the definition for squatter's rights from Black's Law Dictionary.

"squatter's rights: See adverse possession."
Black's Law Dictionary, Centennial Ed., (6th)


My reply was that squatter's rights and adverse possession are one and the same, squatter's rights being the layman's term and adverse possession the correct law. Each state sets its own parameters by statute to acquire by adverse possession. The sole exception I have found to date is Rhode Island which does not recognize adverse possession. Maybe because the state has so little land in the first place?


There are trolls who prowl this board for the sole purpose of contradiction posters and/or harassing and/or just plain confusing people.
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Old Feb 27th, 2012, 08:45 AM   #9
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Default Re: How to excute my squatters rights in Texas

Originally Posted by Friend In Court:
I do not know what the problem is with the above anonymous poster. The original question was how to exercise (acquire) squatter's rights in Texas. I posted the applicable statutes which are how to acquire property by adverse possession -- the open, notorious, possession of property adverse to the owner's interests. There is no remedy under law for "squatter's rights". Adsverse possession is the legal term. Until one meets the legal requirements to take the property by adverse possession, the are just a squatter without any legal right or entitlement to the property.

When one is looking up the meaning of a legal term, the best authorities are law dictionaries, Black's being the most commonly used in the profession -- on par with Noah Webter's for the English language.

Here is the definition for squatter's rights from Black's Law Dictionary.

"squatter's rights: See adverse possession."
Black's Law Dictionary, Centennial Ed., (6th)


My reply was that squatter's rights and adverse possession are one and the same, squatter's rights being the layman's term and adverse possession the correct law. Each state sets its own parameters by statute to acquire by adverse possession. The sole exception I have found to date is Rhode Island which does not recognize adverse possession. Maybe because the state has so little land in the first place?


There are trolls who prowl this board for the sole purpose of contradiction posters and/or harassing and/or just plain confusing people.
The definitions I gave are from the Barron's Real Estate Guides - Dictionary of Real Estate Terms - Sixth Edition, published by Jack P. Friedman, Jack D. Harris and J. Bruce Lindeman.

Being an Associate Broker, this book is the "bible" for real estate agents and brokers. It's used universally in the U.S. It's used by attorneys as well as brokers.

Any attorney who practices real estate law has a copy in their office as well (at least the attorney's offices I've visited during closings.) It's also a regular book found in title companies as well as mortgage lending companies. The book contains very real legal definitions of real estate terms.

Contrary to the bizarre assumptions of the poster above, the "sole reason" for the clarification is to give accurate information and correct false information. That statement should also clear up the confusion the above poster has with "the problem" a fellow poster would have that would initiate the corrective response.

The post "friend" is so offended by was in response to her remark to "yuliaL", telling that person that "adverse possession and squatter's rights are one in the same". It was not in response to her ("friend's) earlier post regarding Texas real estate law.

To make the absurd suggestion that one is being "harassed" on a public message board merely by having one's false information corrected appears to indicate perhaps there is some paranoia taking place in that person's psyche. Perhaps stepping back and focusing on real life and what's important there is the best solution to that perceived notion.
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Old Feb 27th, 2012, 08:46 AM   #10
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Default Re: How to excute my squatters rights in Texas

Here is the definition for squatter's rights from Black's Law Dictionary.

"squatter's rights: See adverse possession."
Black's Law Dictionary, Centennial Ed., (6th)

That's not a definition, sweetie. That's merely a reference.
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