Who Is at Risk of Adverse Possession in Texas?
At Guerra Days Law Group, we help property owners protect what’s rightfully theirs. While owning land in Texas brings significant value, it also comes with legal responsibilities—chief among them is safeguarding your property from adverse possession, commonly known as “squatters’ rights.” Though not an everyday threat, adverse possession claims happen often enough—and can have serious consequences—to warrant every property owner’s attention.
Understanding Adverse Possession
Adverse possession is a legal doctrine that allows someone who occupies land without permission to gain legal ownership over time, provided certain conditions are met. In Texas, the law provides multiple timelines (3, 5, 10, or 25 years) depending on factors such as whether the person paid taxes, held a colorable claim to title, or maintained exclusive and visible use of the property.
Without vigilance, legitimate owners can lose their property rights to someone who has no legal title, simply by failing to act.
Who Faces the Highest Risk?
1. Absentee Landowners
If you own property in Texas but live in another city, state, or country—or even just don’t visit often—you are especially vulnerable.
- Owners of remote ranchland or rural acreage
- Individuals holding onto vacant lots as investments
- Trusts or estates with unmonitored assets
Our advice: Appoint a trusted local contact or property manager to conduct routine inspections and alert you to signs of use or trespass.
2. Vacant or Unimproved Property Owners
Unfenced, undeveloped, or seemingly abandoned land often invites trespassers who begin using the property as if it were their own.
Preventative tips: Post “No Trespassing” signs, erect fencing, and visit the property regularly.
3. Heirs and Beneficiaries of Inherited Land
Family-owned land often lacks clear management. Disputes or inaction can open the door for an outsider—or even one heir—to assert rights through possession.
Solution: Formalize ownership early and establish management responsibilities.
4. Owners of Land with Unclear or Disputed Boundaries
Boundary disputes often lead to unintentional encroachment. Over time, this may result in a legal claim of possession by a neighbor.
Typical issues: Fence, driveway, or landscaping encroachments.
Our solution: Order a survey, mark boundaries, and resolve issues quickly.
5. Long-Term Investment Holders
Land banking without oversight can invite trespassers who begin treating the land as their own.
Tip: Monitor the property, post signage, and maintain visibility.
6. Owners Who Overlook Tax Obligations or Records
Texas law allows adverse possession after 5 years if the possessor pays property taxes and holds a recorded deed.
Our advice: Keep taxes current and records clear.
Warning Signs of Adverse Possession
- New structures or fencing on your land
- Others planting, storing, or using your property
- Visible use by neighbors or strangers
- Claims of ownership or authority over your property
What Should You Do?
If you fall into any of these risk categories, the attorneys at Guerra Days Law Group recommend the following:
- Inspect your property regularly
- Hire a local representative
- Install signage and fencing
- Address unauthorized use immediately
- Keep all tax and title records current
When to Call a Real Estate Litigation Attorney
If you suspect adverse possession or encroachment, don’t wait. Timing is critical. Texas law imposes firm deadlines, and your claim to stop possession may weaken over time.
At Guerra Days Law Group, we focus on real estate disputes and have successfully helped property owners reclaim and defend their land rights. We act fast and effectively to stop adverse possession claims before they become permanent.
🔒 Protect Your Land. Preserve Your Rights.
Your land is your legacy. Don’t lose it to squatters or neighbors who cross the line. Contact Guerra Days Law Group today for legal advice and a strong defense.