Squatters and adverse possession on Texas land: what to do first

Vacant land is quiet until it is not. Maybe a neighbor’s hay bales appeared in the back pasture. Maybe a camper has been parked by the tank for what a hunter friend calls “a while.” Maybe an heir finds out that a relative’s cousin has been living in a trailer on the property and considers it home.

This is stressful, and the right response depends on facts that vary a lot. This guide gives you a way to sort the situation, explains in general terms why acting early matters and walks through how a sale can still work. It is general information, not legal advice. Every situation involving an occupant should go to a Texas attorney before you take action. Please read that sentence twice. It is the most useful one here.

Who is actually on my land?

Not every uninvited presence is the same, and the label matters because the response differs. Four common types show up.

Each of these may call for a different approach. A trespasser might need a firm written warning. A squatter needs an attorney. A tenant needs a conversation about the paperwork. A neighbor needs a survey and a friendly talk.

What is the Permission Test?

Here is a rule of thumb you can run in two minutes. It is called the Permission Test, and it asks three questions in order.

1. Did I ever give permission? If yes, the person may be a tenant or permitted user. If no, they may be a trespasser or squatter. If a relative gave permission, ask who had the authority to give it.
2. Is there anything in writing? A lease, a text, an email or a signed note helps define what was agreed. No paper is not the same as no permission, but it makes things harder to prove.
3. Are they staying, or just using? Someone who lives on the land, builds on it or fences it is in a different position from someone who walked through. The longer and more openly someone stays, the more important it is to talk to an attorney.

The test does not decide the law for you. It decides which professional to call and what documents to bring. A person who answers “no permission, no paper, living there” has a problem that deserves attorney attention this week, not next season.

What is adverse possession, in plain terms?

Adverse possession is a legal doctrine in which a person who openly uses someone else’s land, in a way the owner can see, over a long period of continuous time, may be able to claim rights to it in some circumstances. The idea behind it is that owners who ignore their land for a long stretch should not be able to wake up and remove people who have treated it as their own.

In general terms, courts look at the kind of use. Was it open and visible, not hidden? Was it continuous, not occasional? Was it exclusive, as opposed to shared with the owner? Was it without the owner’s permission? Whether any one situation meets the standard depends on Texas law and the specific facts.

The details matter here, including how long the use must last, what the person must show and whether paperwork or taxes are involved. These rules are technical and they change in different circumstances. Ask a Texas attorney for the actual requirements and periods. Do not rely on an online summary, a neighbor’s story or a number someone read somewhere. What we can say safely is this: time matters, visible use matters and permission matters. All three are things an owner can influence.

Why does acting early matter?

Because the longer an occupant stays without a response, the more complicated everything becomes. Early on, the situation is often a simple conversation or a letter. Later, it can become a legal dispute over what the use meant and whether the owner knew.

Early action does several things:

• It shows you did not accept the use, which can matter if the question ever reaches a court.
• It makes the facts easier to prove, because memories and evidence are fresh.
• It keeps your options open for a sale, because a buyer wants to see a problem that is being handled.

Suppose you discover a stranger’s trailer on a back corner of your tract during your first visit in a while. If you take dated photos, write down what you see and call an attorney the next day, you have a clear record. Suppose instead you shrug it off and come back later to find a porch, a garden and a mailbox. The trailer did not change the law, but your options shrank. Silence can look like acceptance.

What should I document?

Documentation is your friend, and it costs almost nothing. Do this safely, from a distance if the situation feels tense.

1. Take dated photos and video. Show the occupant’s belongings, structures, fences, gardens, vehicles and any improvements. Include wide shots that show where they are on your tract.
2. Write a timeline. Note when you first noticed, when you last visited, what you saw and what anyone told you.
3. Gather ownership papers. Your deed, tax statements, survey and any permission or lease documents.
4. Note who gave permission, if anyone. Names, dates and whether it was written.
5. Keep copies of all communications. Texts, emails, letters and notes of calls.

Do not enter a home or structure on the land, and do not remove belongings. If you feel unsafe, leave and call law enforcement.

Should I call the sheriff or hire an attorney?

Both can play a role. In general terms:

• Law enforcement is typically the route when someone is clearly trespassing without any claim to be there, for example an intruder who has no connection to the land. Officers may respond differently when the person says they have permission, a lease or a right to stay. In those cases they often treat the matter as a civil dispute and point the owner to the courts.
• The civil route is the court process, where an owner asks a judge to resolve who has the right to possession. It is slower, but it produces a clear result. The steps and notice requirements depend on the situation, which is why an attorney should handle it.

Do not use self-help. Changing locks, cutting off utilities, removing belongings or confronting an occupant can create liability for you, and it can turn a strong position into a weak one. The tempting shortcut is often the expensive one.

Start with the attorney, and ask whether to involve law enforcement. A Texas attorney can tell you which route fits, what notices are needed and what to avoid.

Is the person a tenant, and does that change things?

It can change a lot. A tenant under a lease or an agreed arrangement has rights that depend on the terms and on Texas landlord and tenant rules. If you or a relative let someone live on the land, there may be an agreement, written or spoken, that governs how it ends.

Questions to sort out with an attorney:

• Is there a written lease, and what does it say about ending the arrangement?
• Was there a verbal deal, and can it be proven?
• Has the person paid anything, and how was it recorded?
• If the arrangement was made by a family member who has since died, who has authority now?

If the person was a tenant and the arrangement is over, a formal process may still be needed to end possession. An attorney will tell you which notices and filings apply.

What if the problem is a neighbor’s fence?

This is the gentlest version and it deserves a gentle approach. A fence, barn, driveway or garden that sits across the line is often a mistake that lasted for years, with no one noticing.

1. Order a survey. A licensed surveyor can mark the true boundary. Many disputes dissolve when everyone sees the line.
2. Talk to the neighbor. Bring the survey and a calm tone. Most neighbors want to resolve it.
3. Get any agreement in writing. A boundary agreement, a lot line adjustment, a lease or a sale of a strip can settle it. Have an attorney draft it so it is recorded properly.
4. Do not let it sit. A friendly fence that no one addresses can become an unfriendly question later.

A survey also helps if you plan to sell, because title companies find boundary conflicts.

Can I sell land with someone living on it?

Often yes, but it takes more care. The buyer is purchasing the land and whatever claims come with it, so the occupant becomes part of the deal. Some points to understand.

• Title work will show what it can. A title company reviews recorded documents. Unrecorded claims may not appear, but the company may ask about possession and may note exceptions.
• A survey and a site visit matter. Buyers will look at the land. An occupant is visible.
• Attorney first. Selling a problem you have not addressed risks the sale and your own legal exposure.
• Honesty is required. Tell the buyer what you know. A hidden occupant can unwind a closing.
• Possession at closing is a term. Some buyers want the land delivered empty. Others buy as-is and handle the situation themselves. Your contract should say which.

An occupant who is being handled, with an attorney engaged and a plan in place, is a much easier story than one you hope no one notices.

Who buys land with an occupant?

Fewer buyers than for clean land, but they exist.

• Direct cash buyers who purchase as-is and have the experience and resources to resolve the situation after closing. They price the risk and the cost of resolving it.
• Neighbors who may want the land and already know the facts.

Buyers who need a bank loan are the hardest to find, because lenders and title insurers want clean possession. If the occupant is resolved before you list, your buyer pool widens and your price improves. That is the strongest argument for dealing with the problem first.

What does a quick sort of the situation look like?

Use this table for a one-glance sort. It is a starting point for the conversation with your attorney, not a verdict.

When should you not sell to a cash buyer?

Selling for cash is not always the first move.

• You have not talked to an attorney yet. A sale before you understand the claims can lock in a bad result. Get advice first.
• The occupant is a family member or friend with a real claim. A dispute with a person who may have rights should be resolved on its own merits, not rushed through a sale.
• The fix is cheap and fast. If a survey and a conversation with a neighbor settle the matter, you can sell clean land for a better price.
• You can resolve possession through the courts before listing. Cleaning up first may bring a higher price from a wider set of buyers. See cash buyer vs listing vs auction.

A direct cash buyer fits when you are tired of carrying the problem, when the land is far away and when you want to hand the situation to someone who deals with it for a living. Fatigue is a real reason, and it is fine to say so.

What if the land is inherited?

Occupants often appear or are discovered after a death, because no one was watching the property. The same steps apply, with an extra layer: someone must have legal authority to act for the estate. That may require probate or other paperwork. See selling inherited land in Texas, selling land in probate and selling heirs property. If back taxes are building up while you sort this out, see selling land with back taxes.

How do we handle land with an occupant?

We buy Texas land directly, for cash or on owner-financed terms when a deal calls for it. If your land has someone on it, tell us what you know. We review the records, ask questions and make a written offer that reflects the situation. We encourage you to have an attorney review everything, and we close through a Texas title company. See how it works, the FAQ or the contact page. For more on skipping an agent, read selling land without a realtor.

Prefer to talk in person? Stop by.

By the Sell My Texas Estate team · Updated October 2026. General information, not legal, tax or financial advice. Talk with a licensed Texas attorney or CPA about your situation.