Common Myths About Adverse Possession in Texas
At Guerra Days Law Group, we regularly hear concerns from Texas property owners about so-called “squatters’ rights.” Much of this fear stems from misinformation and myths surrounding adverse possession. Clarifying these myths is the first step toward protecting your property rights and avoiding unnecessary worry or legal missteps.
Myth #1: “Anyone Can Quickly Claim Your Property”
Reality: Adverse possession is a lengthy and difficult legal process. Under Texas law, claimants must meet multiple criteria—actual, open, exclusive, hostile, and continuous possession—typically over a minimum of 10 years. A casual trespasser cannot simply “take” your land overnight.
Myth #2: “If Someone Pays Your Property Taxes, They Automatically Own Your Land”
Reality: While paying property taxes can strengthen an adverse possession claim under the 5-year statute, it is not enough on its own. Claimants must also meet the other strict requirements, including continuous and exclusive use. Tax payments alone do not transfer title.
Myth #3: “Adverse Possession Claims Are Common and Easy to Win”
Reality: Successful claims are relatively rare. Most arise from boundary disputes or mistaken use, not deliberate land theft. Courts closely scrutinize these cases, and the burden of proof is entirely on the person claiming ownership.
Myth #4: “You Can Take Over Government or Public Land Through Adverse Possession”
Reality: Texas law protects government-owned and public-use land from adverse possession. These properties are exempt from being claimed by individuals, regardless of how long they’ve been used.
Myth #5: “Once Someone’s on Your Land, You Can’t Get Them Off”
Reality: Property owners have the right to act at any time during the statutory period. Prompt action—including notice to vacate, erecting signage, or filing legal action—can disrupt an adverse possession claim and reset the timeline.
Myth #6: “A Misplaced Fence Means You’ll Lose That Piece of Land”
Reality: Minor encroachments like fences or landscaping do not automatically result in loss of ownership. Courts look for clear, intentional, and continuous use—not simple mistakes. These disputes can often be resolved with a survey and legal guidance.
How Texas Property Owners Can Protect Themselves
Understanding the truth behind these myths allows you to take meaningful steps to safeguard your land. Here’s what we recommend:
- Conduct regular property inspections.
- Mark property boundaries and install “No Trespassing” signs.
- Address encroachments or unauthorized use immediately.
- Keep records of access permissions or communications.
- Stay current on property taxes and ownership documentation.
When to Seek Legal Guidance
If you’re concerned about a boundary issue or believe someone is attempting to claim part of your property, don’t rely on rumors or assumptions. Contact Guerra Days Law Group for experienced legal advice. We help landowners clarify disputes, assert their rights, and act quickly to preserve ownership under Texas law.
🛡️ Don’t Let Myths Jeopardize Your Property
Adverse possession law is complex, but with the right knowledge and legal support, it’s also manageable. Reach out to Guerra Days Law Group today to protect your land and dispel uncertainty surrounding squatters’ rights.