Very little: moving into a Texas house gives an occupant no ownership. The only route to title is adverse possession, which takes 3 to 25 years of visible, hostile, continuous possession under Civil Practice and Remedies Code chapter 16, and fake deeds do not count.
Someone is living in a Texas house they do not own. What can they claim? Usually very little. Moving in gives an occupant no ownership, and Texas law treats a stranger who came in without consent very differently from a tenant whose lease ran out. The one path from occupant to owner, adverse possession, takes years, and the shorter periods require paperwork that a forged deed cannot supply.
This guide covers the occupant's side of the question: the categories Texas law uses, the adverse possession periods, color of title, and the limits on what an occupant can argue in court. The owner's side, meaning trespass charges, the sheriff removal complaint and the eviction steps, is in our separate guide to Texas squatter law. For deed records, appraisal districts and justice courts in Dallas, Tarrant, Collin and Denton counties, see the DFW version of this guide.
The statutes sort occupants by how they got in
"Squatter" is an everyday word. The statutes covered here do not define it. They sort occupants by how they entered and whether anyone ever agreed to it, and each group is handled under different rules.
- Forcible entry. Property Code Sec. 24.001 describes a person who enters another's real property without legal authority or by force and refuses to give up possession on demand. Entry without the consent of the person in actual possession counts. This is the closest legal match to the usual picture of a squatter.
- Holdover tenant. Sec. 24.002 covers a tenant or subtenant who stays after the right of possession ends. This person came in with permission, and the permission ran out.
- Tenant at will or by sufferance. Also in Sec. 24.002, including someone still living in the house when a lien superior to their lease is foreclosed. The TREC resale contract adds a common example: under paragraph 10A of TREC 20-19, possession by a buyer before closing or a seller after closing that no written lease authorizes "will establish a tenancy at sufferance relationship."
- Trespasser. Penal Code Sec. 30.05 makes it an offense to enter or stay on another's property without effective consent after notice that entry was forbidden, or after notice to leave.
One person can fit two boxes. A stranger who broke into a vacant house can be a trespasser under the Penal Code and a forcible entry defendant under the Property Code at the same time.
Squatter, holdover tenant and trespasser side by side
| Occupant | How they got in | Main statute | Usual route out |
|---|---|---|---|
| Stranger who entered without consent | No one agreed | Prop. Code 24.001; Penal Code 30.05 | Forcible entry and detainer suit; the owner may also qualify for a chapter 24B complaint |
| Holdover tenant | A lease or rental agreement that ended | Prop. Code 24.002(a)(1), 24.005(a) | Forcible detainer suit after written notice to vacate |
| Tenant at will or by sufferance | Stayed on after permission ended, a sale or a foreclosure | Prop. Code 24.002(a)(2), 24.005(b) | Forcible detainer suit after at least three days' written notice (30 days for a paying residential tenant after a foreclosure sale, Sec. 24.005(b)), unless a written agreement sets another period |
| Immediate family member or current or former tenant | Permission or a lease at some point | Prop. Code 24B.001(3) | Not eligible for the chapter 24B removal complaint |
These labels drive what happens next, so the first question an attorney will ask is how the person got in and what, if anything, was ever agreed.
Adverse possession: the only road from occupant to owner
Civil Practice and Remedies Code Sec. 16.021 defines adverse possession as "an actual and visible appropriation" of real property, started and kept up under a claim of right that is inconsistent with and hostile to another person's claim. Three pieces of that definition do most of the work:
- Actual and visible. The statute calls for a real, visible taking of the property.
- Hostile claim of right. The occupant must claim the property in a way that is inconsistent with the owner's claim.
- Peaceable. The same section defines peaceable possession as continuous and not interrupted by an adverse suit to recover the property.
If the owner does not sue within the period that applies, Sec. 16.030 says the possessor has full title, "precluding all claims." Until that point, the occupant holds no title at all.
The Texas adverse possession periods
| Period | Section | What the occupant needs |
|---|---|---|
| 3 years | 16.024 | Peaceable, adverse possession under title or color of title |
| 5 years | 16.025 | Cultivates, uses or enjoys the property; pays applicable taxes; claims under a duly registered deed. Not available on a quitclaim deed, a forged deed or a deed signed under a forged power of attorney |
| 10 years | 16.026 | Cultivates, uses or enjoys the property. Without a title instrument, the claim is limited to 160 acres unless more is actually enclosed |
| 25 years | 16.027 | Cultivates, uses or enjoys the property; runs even against an owner under a legal disability |
| 25 years | 16.028 | Possession in good faith under a recorded deed or other instrument that purports to convey the property |
Sec. 16.0265 adds a special rule for heirs who inherit together without a will. A co-heir who has had exclusive possession for 10 straight years, used the property and paid the taxes may claim the other heirs' shares by filing affidavits in the deed records, publishing notice for four weeks and mailing notice to the others, and the statute calls the total a 15-year combined period. Our guide to selling inherited property in Texas covers the wider picture.
Color of title, and why a fake deed does not count
Color of title is the paperwork idea behind the three-year period. Sec. 16.021 defines it as a consecutive chain of transfers to the person in possession that is irregular because a document was not properly recorded or exists only in writing, or because of a similar defect that does not lack "intrinsic fairness or honesty." Put simply, the chain has a technical gap, but nothing about it is dishonest.
That rules out the homemade lease or forged deed some occupants produce. Since a 2021 amendment, Sec. 16.025(b) bars the five-year claim when it rests on a quitclaim deed, a forged deed or a deed signed under a forged power of attorney. Since September 1, 2025, Penal Code Sec. 32.56 makes it a Class A misdemeanor to knowingly present a false, fraudulent or fictitious lease, deed or similar instrument with intent to enter or remain on real property.
Related offense: Penal Code Sec. 32.57, also effective September 1, 2025, makes it a first-degree felony to knowingly list or advertise residential property for sale or rent without legal title or authority, or to sell, rent or lease it that way. Lenders, title companies and licensed brokers who took part in a deal without knowing are excepted from the selling and leasing part.
What stops or pauses the clock
- A lawsuit. Possession interrupted by an adverse suit to recover the property is not peaceable under Sec. 16.021.
- The owner's legal disability. Under Sec. 16.022, time does not run while the owner is under 18, of unsound mind or serving in the armed forces in wartime, if the disability existed when the owner's title vested or the adverse possession began. The 25-year periods run regardless.
- A break in the chain of occupants. Sec. 16.023 lets one occupant add a predecessor's time only if there is privity of estate between them. A string of unrelated strangers does not stack.
- Public land. Sec. 16.030(b) says no one can acquire land dedicated to public use this way, and Sec. 16.061 keeps claims by the state, counties, cities and school districts from being barred by these periods.
What an occupant can and cannot claim
An occupant cannot claim:
- Ownership after a few weeks or months. The shortest period is three years, and it requires title or color of title.
- A title ruling in eviction court. Under Property Code Sec. 24.004(c), as amended effective January 1, 2026, the justice court decides only the right to actual possession. It may not decide title, and counterclaims are not permitted.
- A free pass on a bad-faith claim. Under Sec. 16.034, a court must award costs and reasonable attorney's fees against an occupant whose adverse possession claim was groundless and made in bad faith. The owner must first send a written demand to vacate by registered or certified mail at least 10 days before filing.
An occupant can claim:
- Court process, if they are a tenant. A current or former tenant, or an immediate family member of the owner, is outside the chapter 24B sheriff complaint and is handled through a notice to vacate and an eviction suit.
- Damages for a wrongful removal. Under Sec. 24B.005, a person wrongfully removed under chapter 24B may recover possession, actual damages, exemplary damages equal to three times the fair market rent, court costs and attorney's fees.
- Notice before an eviction suit. Even a person who entered without consent gets notice to vacate before a forcible entry and detainer suit is filed, under Sec. 24.005(d), though that notice may be oral and may demand that they leave immediately.
None of this is legal advice for a specific house. If someone is in a property you own, a Texas real estate attorney can tell you which category applies and what the owner may lawfully do. Our guide to Texas squatter law walks through the owner-side process in order.
Selling a Texas house with an occupant problem
Some owners decide they would rather sell than spend months on a house someone else is living in. Settle the legal side first with an attorney, then decide. If you want to sell, you can ask us about it.
Cash Home Advisors is based in Fort Worth and buys houses across DFW. When we buy, we pay all closing costs and can close in 7–14 days, and you see the closing statement before you sign. You can ask for a cash offer, read how our process works, or browse more guides in our squatters and vacant property section, including the vacant house checklist.
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Frequently asked questions
How long does a squatter have to live in a Texas house to claim it?
The shortest adverse possession period is three years, and it only applies to someone holding under title or color of title. Without paperwork, the usual period is 10 years of peaceable, adverse possession under Civil Practice and Remedies Code Sec. 16.026.
Does paying the property taxes give an occupant ownership?
Not by itself. Paying taxes is one of three conditions for the five-year period in Sec. 16.025, along with using the property and claiming under a duly registered deed. A quitclaim deed, a forged deed or a deed signed under a forged power of attorney does not qualify.
Is a tenant whose lease ended a squatter?
Not in legal terms. Property Code Sec. 24.002 treats a tenant who stays after the right to possession ends as a holdover in a forcible detainer case. A written notice to vacate comes before the suit, and the new sheriff removal complaint in chapter 24B cannot be used against a current or former tenant.
Can a squatter win ownership in eviction court?
No. Under Property Code Sec. 24.004(c), the justice court decides only who has the right to actual possession. It may not decide title, and counterclaims are not allowed. A title claim has to be brought in a separate suit in a court that can hear it.
Sources
- Texas Civil Practice and Remedies Code, Chapter 16 (Secs. 16.021-16.034, adverse possession)
- Texas Property Code, Chapter 24 (forcible entry and detainer, forcible detainer)
- Texas Property Code, Chapter 24B (removal of unauthorized occupant)
- Texas Penal Code, Chapter 30 (Sec. 30.05 criminal trespass)
- Texas Penal Code, Chapter 32 (Secs. 32.56 and 32.57, fraudulent property documents and listings)
- Texas Real Estate Commission, Resale contract TREC No. 20-19 (paragraph 10A)
General information, not legal or tax advice. Talk to a Texas attorney or CPA about your situation.