If you own a property in Texas, you will likely encounter settlers at some point. Squatters claim ownership of a property without permission or legal title to it. Despite being considered illegal and unethical, squatting is quite common in many areas, including Texas. Luckily, there are specific steps you can take to get rid of these unwanted visitors and reclaim your property for yourself.
In Texas, if you are dealing with unwanted squatters on your property, a legal process must be followed to remove them. This procedure falls under Texas Property Code Section 24 and requires the homeowner or landlord to file an eviction lawsuit against the settlers. The first step is to provide written notice of termination at least three days before filing the suit. Once filed, a hearing will be scheduled for both parties to present their case. If successful, the court will issue a writ of possession, which allows law enforcement to evict the squatters from your property within 24 hours.
What Are Squatters?
Squatters are individuals who claim ownership of a property without permission or legal title to it. In most cases, squatters will move into an abandoned or unoccupied property and begin to treat it as their own. This can include changing the locks, making modifications to the property, or even living there full-time. While squatting is illegal in Texas, it is important to note that simply being on someone else’s property without permission is not a crime.
As such, it can be difficult to remove squatters from your property without first obtaining a court order or police assistance. Additionally, if the squatter has established residency on your property (i.e., they are living there), the process of removing them will be more complicated than if they are simply trespassing.
Squatter vs Trespasser
While a trespasser is someone who enters your property without permission and may or may not have malicious intent, a squatter is an individual who claims to own the property they are on.
Unlike a trespasser, however, squatters have certain legal rights that protect them from removal by an owner or landlord until they have been formally evicted by the court system.
If you find yourself dealing with squatters on your property in Texas, there are steps you can take to remove them. The first step is to determine if the individuals are simply trespassing or if they have established residency on your property, which will impact the legal process involved in removing them.
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How to Prevent Squatters?
There are a few key steps you can take to help protect your property from squatters. These include:
1. Keeping your property well-maintained and securing any vacant buildings or structures to minimize the risk of trespassing and squatting.
2. Checking local laws regarding squatting in your area and familiarizing yourself with the eviction process to ensure that you are prepared if an issue arises.
3. Working with law enforcement agencies, real estate professionals, and other local stakeholders to develop strategies for preventing and addressing squatting on private properties.
4. Engaging with neighbors and community members to raise awareness about the risks of squatting and encourage them to report suspicious activity on their properties or in their communities.
5. Supporting initiatives at the local, state, and federal levels that aim to crack down on illegal squatting and trespassers.
Can Police Remove Squatters?
Police officers can remove squatters from your property if they are deemed to be trespassing. However, if the squatter has established residency on your property, the police may not be able to remove them without a court order.
If the individual is a trespasser, the police may remove them from your property. However, if the squatter has established residency through adverse possession or permission from a prior owner or tenant, you will need to pursue legal action to evict them.
If you’re dealing with squatters in Texas, take immediate action by researching state laws and regulations regarding squatting and eviction procedures in your county or municipality.
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How Long Does Eviction Take On Getting Rid of Squatters in Texas?
It depends on the circumstances and local laws, but in general, it can take anywhere from 30 to 60 days to evict squatters from your property.
If you suspect that someone is illegally squatting on your property, notify the local police and work with them to begin the formal process of removing the squatter. This may involve obtaining an official court order or working directly with law enforcement officers to remove them from the premises physically.
To fully reclaim ownership of your property, it’s essential to contact a real estate attorney who can help guide you through the legal process of evicting a squatter and regaining control of your land.
Removing Squatters From Private Property
1. Research the laws and regulations regarding squatting in Texas and any specific requirements for eviction in your county or municipality.
2. Notify the squatter in writing that you intend to pursue legal action if they do not vacate your property within a certain timeframe (usually 30-60 days).
3. Work with your local law enforcement agencies and courts to begin the formal process of removing the squatter from your property. This may involve obtaining an official court order or working with police officers to remove them from the premises physically.
4. Contact a real estate attorney who can help guide you through the legal process of evicting a squatter and reclaiming property ownership.
Squatters Rights Texas 2022
Under both state and federal law, squatters have certain rights that protect them from being forcibly removed from a property without a court order.
In general, these rights include the following:
- The right to reside on your property for as long as they choose (as long as they are not violating any local laws or ordinances)
- The right to privacy and freedom from unnecessarily disruptive behavior (such as loud noises or parties)
- Protection against the eviction if there is no clear evidence that the squatter does not legally own the property
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Ways That Squatters Can Gain Access to Your Property
1. Abandonment
This is where the squatter simply moves into a vacant property that has been unoccupied for an extended period of time.
2. Adverse possession,
This occurs when the squatter openly occupies your property for a certain period of time (usually 5-7 years) without your permission.
3. They have been given express permission
They were permitted by the previous owner or tenant to do so.
Selling a House As-Is in Texas
Any problems or issues with the property will likely be passed on to the buyer no matter what. However, if you have squatters living in your home or occupying a significant portion of it, you may need to take additional steps to remove them prior to selling your house as-is.
To sell a house that is currently occupied by squatters, you will likely need to work directly with law enforcement officials and the courts to legally remove the squatters from your property. Once this has been accomplished, you can then proceed with listing your house as-is in order to attract potential buyers. Contact a real estate attorney for help navigating this process and reclaiming control of your property.
If you want to sell your house for cash in Texas , we would be happy to make you a fair cash offer for your home, as-is, and help you to avoid the hassle of dealing with squatters. Contact us at (818) 651-8166 today to learn more!
