How to Defend Against Adverse Possession Claims in Texas
Adverse possession—often referred to as “squatters’ rights”—can pose a serious threat to Texas landowners. At Guerra Days Law Group, we understand how complex and stressful these situations can be. Whether you’re dealing with a neighbor encroaching on your land or someone openly using property you own, it’s essential to take swift, strategic action to defend your rights.
Understanding the Basics of Adverse Possession
To successfully claim adverse possession, a person must meet several legal requirements under Texas law:
- Actual Possession: Physically using or occupying the land.
- Open and Notorious Possession: Use that is visible and obvious to others, including the true owner.
- Hostile Possession: Use without the owner’s permission.
- Exclusive Possession: Use that excludes the true owner and others.
- Continuous Possession: Use that is uninterrupted for a statutory period (3, 5, 10, or 25 years).
Understanding these elements allows you to recognize risks early—and stop a potential claim before it gains legal traction.
Proactive Measures to Protect Your Property
Defense starts with prevention. These steps can significantly reduce your exposure to an adverse possession claim:
1. Conduct Regular Property Inspections
Visiting your property regularly—at least annually—is key. Early detection of unauthorized use gives you time to take corrective action.
2. Clearly Mark Property Boundaries
Fences, signage, or landscaping can help avoid disputes. We recommend having a professional land survey done to ensure your boundaries are accurate and legally supported.
3. Install “No Trespassing” or “Private Property” Signs
Posting signs makes your intent clear and can serve as crucial evidence if a dispute arises. It also discourages accidental or intentional encroachment.
4. Provide Written Permission When Necessary
If someone needs access to your land (e.g., for grazing, storage, or access), offer it in writing. Written licenses convert potentially “hostile” use into “permissive” use—invalidating the adverse possession claim.
5. Keep Detailed Property Records
Maintain records of inspections, boundary verifications, permissions granted, and any tax payments. These documents can be essential when defending your title in court.
6. Always Pay Property Taxes Promptly
Stay current on taxes. If a claimant pays taxes on your property for five years while occupying it, their legal position can be strengthened under Texas law.
Legal Tools to Fight Adverse Possession
If you discover someone is making a claim or occupying your land, you may need to act through the courts. Legal remedies include:
A. File a Trespass to Try Title Action
This lawsuit forces the claimant to prove they meet all elements of adverse possession. It’s a direct way to challenge and defeat squatters’ claims.
B. Initiate an Ejectment Suit
If someone refuses to leave your land, an ejectment action allows you to lawfully remove them—even if they’ve been there for a long time.
C. File a Quiet Title Action
Quiet title lawsuits resolve disputes over property ownership and can remove false or competing claims from public records.
When to Consult a Texas Real Estate Attorney
If you suspect someone is attempting to assert an interest in your land through adverse possession, do not delay. Texas law imposes strict deadlines, and inaction can be costly.
At Guerra Days Law Group, we specialize in Texas real estate disputes, including boundary conflicts and adverse possession defense. Our team can:
- Evaluate the strength of any claim against your property
- Implement defensive strategies tailored to your situation
- Initiate legal action to remove unauthorized occupants
- Ensure your ownership rights are properly recorded and enforced
🚨 Act Quickly to Preserve Your Property Rights
Time matters. The longer an unauthorized occupant remains, the stronger their claim may become. Contact Guerra Days Law Group today for experienced, aggressive representation in defending your land from adverse possession claims.