Texas squatters' rights: What your HOA or COA should know

What are Texas squatters' rights?

Texas squatters' rights refer to the legal doctrine of “adverse possession,” which may allow a person to claim ownership of property they do not hold title to, provided they meet strict conditions set by state law.

In simple terms, if someone occupies a property openly, without permission, and meets specific requirements over time, they may eventually have a legal claim to that property. Squatters’ rights in Texas may present challenges for associations if vacant units or abandoned homes are left unmonitored. For homeowners associations (HOAs) and condominium associations (COAs), understanding squatters’ rights laws is essential.

This article is not intended to and does not constitute legal advice or create an attorney-client relationship. Board members should consult their association’s attorney to discuss the legal implications of their decisions or actions prior to proceeding.
 

Requirements for adverse possession in Texas

To successfully claim ownership of property through adverse possession in Texas, a squatter must meet five main legal requirements:

• Actual possession: The squatter must physically live on or use the land in a way a true owner would. This might include living in the home, making improvements, or maintaining the yard.
   
• Open and notorious possession: The squatter can’t hide their occupation.
   
• Exclusive possession: The squatter must be the only one using the property. They cannot share it with strangers, the original owner, or other squatters.
   
• Continuous possession: The individual must occupy the property consistently, without gaps or absences, for the required legal period.
   
• Hostile possession: This doesn’t imply aggression. In legal terms, "hostile" means the occupation occurs without the owner's permission.

There are three common timeframes for adverse possession in Texas:

• 10 years: May apply if the squatter “cultivates, uses, or enjoys” the property for the full period and meets all other applicable requirements.
   
• 5 years: May apply if the squatter has a duly registered deed, pays property taxes, and “cultivates, uses, or enjoys” the property.
   
• 3 years: May apply if the squatter has a "color of title" (a defective deed that looks valid).

Meeting these requirements is not easy. However, associations should still act quickly if an unauthorized occupant is noticed.
 

Can you remove a squatter in Texas?

Yes, squatters can be removed in Texas through the legal eviction process. Self-help evictions, such as changing locks or shutting off utilities, are illegal under Texas law and can expose the owner to civil liability.

The legal eviction process typically begins with serving a Notice to Vacate, which gives the unauthorized occupant at least three days’ notice to leave the property (unless a shorter or longer period is specified by contract or local ordinance).

If the squatter does not leave by the deadline, the property owner can file a forcible detainer suit in the local Justice of the Peace court. The court will schedule a hearing, typically within 10–21 days of filing. If the judge rules in favor of the owner, they will issue a Judgment for Possession. If the squatter still refuses to vacate, the court may authorize a Writ of Possession. After the Writ is posted, the squatter typically has 24 hours to vacate before the sheriff can forcibly remove them.

Typically, the HOA or COA board can only initiate a forcible detainer (eviction) suit if the association itself owns the unit or has already foreclosed and taken title; otherwise, the titled homeowner must file the case.

Working with a qualified attorney, along with your professional property management company, is strongly recommended to help navigate the legal process and minimize legal risks.
 

How long before someone is considered a squatter in Texas?

Someone is considered a squatter in Texas as soon as they occupy a property they do not own or lease without the owner's consent. However, they don’t gain any legal claim to the property until they meet the time and condition requirements for adverse possession.

That said, once someone has moved into a property unlawfully, they are immediately unauthorized, and property owners may have the authority to begin the legal process to remove them. The critical mistake some owners or associations make is delaying that process. Over time, a squatter’s claim may strengthen if they remain unchallenged.

It’s also important to differentiate between someone breaking in and someone who might have been given informal or mistaken permission. In some cases, a former tenant or guest may stay beyond their welcome and then refuse to leave. Even without a formal lease, they may still need to be removed through legal proceedings. Qualified legal counsel should be consulted before taking any action.
 

How to prevent squatters in Texas

While adverse possession claims are rare, prevention is always easier than legal action. HOAs and COAs can take proactive steps to reduce the risk of squatting and unauthorized occupancy.

Start by regularly inspecting vacant units, especially in communities with seasonal owners or foreclosures. Maintain landscaping and lighting around common areas and empty homes to give the appearance of occupancy. Posting “No Trespassing” signs and keeping access points — such as gates, garages, or doors — secure is also important.

Associations might encourage owners to notify management if their unit will be vacant for an extended period, and consider adopting policies that require this communication. Tools like FirstService Residential Connect^TM can make this even easier. Through our platform, residents can report extended absences, update contact information, and receive timely alerts from management — all in one centralized place. It helps boards stay informed and respond quickly to unusual activity before it becomes a problem.

Finally, make sure your governing documents include clear procedures for reporting and handling suspicious activity. Staying alert, organized, and responsive can help prevent potential squatter situations before they begin.
 

How a property management company can help

A property management company like FirstService Residential can be your first line of defense against squatting by keeping units and common areas well-monitored and documented.

Empty units and abandoned properties can become targets for squatters. A property management company can conduct regular walkthroughs, flag occupancy anomalies, and communicate with owners if something appears unusual. Managers can also keep accurate records that show the property was not abandoned — a key defense in disputes under squatters’ rights laws in Texas.

Once an unauthorized occupant is identified, your property management company can work directly with your legal team to file necessary documentation, appear in eviction court if required, and document attempts to contact or resolve the issue. Managers may also liaise with law enforcement when there is suspected criminal trespass.

For more information, reach out to our team today.