Texas landlords and property owners are increasingly becoming frustrated with Texas squatters rights issues that have exacerbated housing shortages in Texas and other parts of the country. The problem of squatters’ right is very contentious, as shown by the heated debates about it all over America; and Texas is looking to address this issue during its next legislative session. Austin’s recent moves like Florida’s Property Rights bill passed into law and by Alabama’s legislation and others has been a topic of discussion from Austin to Dallas.
For many years now, Texas has acknowledged adverse possession as squatters right. The tenant or squatter may use adverse possession laws based on English common law, which enables them to claim ownership over a piece of land they have occupied for so long without permission or knowledge of the real owner say 10 years in Texas. Admittedly, these laws were crafted to safeguard against unproductive land use practices while discouraging abandoned properties but detractors maintain that such laws are now obsolete since they fail to serve their intended purposes in today’s society.
Ron DeSantis, Florida’s Governor, recently signed HB 621 intended at making sure that squatters are quickly removed from residential properties.It allows owners to request law enforcement assistance in evicting unauthorized occupants if certain conditions are met, and introduces harsh penalties like felony charges for significant property damage or falsely advertising residential sales/rentals. Similarly, Alabama’s House Bill 182 seeks to grant property owners more rights to remove squatters from their premises, part of broader efforts addressing squatting concerns and property rights impacts.
Inspired by such actions, Texas lawmakers intend to tackle squatters’ rights during the upcoming legislative session. State senators vowed to strengthen anti-squatting laws after hearing homeowner and squatter horror stories in a recent interim hearing. Governor Greg Abbott on Twitter X invoked the Texas Castle Doctrine empowering Texans to use force defending their property, stating,
“In Texas, anyone ‘squatting’ in your home is breaking the law…violating TX laws like criminal trespass & criminal mischief.”
Currently, adverse possession in Texas allows squatters meeting requirements like open, notorious, and exclusive possession to claim ownership after typically 10 years of occupation. However, critics argue this lengthy period unfairly favors squatters over rightful owners. Further, the discouragement of real estate investors could further exasperate the housing shortage issue as clear property ownership laws wait to be cleared up. A lack of investment into the housing industry further sharpens the need for housing and thereby creating a negative downward cycle.
The housing shortage issue is further exacerbated by the discouraging investment in real estate since there are no clear property ownership laws. The lack of investments in the housing sector leads to more need for housing thereby creating a vicious cycle.
Lawmakers have not yet filed any bills on it, but they say squatting is becoming an increasing problem in Texas that needs a statewide database to track its extent. Supporters of change argue that current existing policies do not keep up with times and consequently fail to protect contemporary forms of property rights.
Moreover, as Texas legislators debate the issue, they will get inspiration from Florida, Alabama and others states who also grapple with similar squatting problems. Among these may involve reducing the adverse possession occupation period, introducing safeguards for owners, or sterner penalties against squatters who cause property damage or engage into fraud. Ultimately, any legislation would aim to strike a balance between protecting property rights and efficient land use while addressing owner/advocacy group concerns over squatter removal difficulties.
As the 2025 session nears, squatters’ rights loom as a contentious Texas issue, challenging lawmakers to find solutions satisfying property owners and adverse possession supporters alike. Debates on whether to reform or do away with longstanding laws of adverse possession as well as deal with mushrooming squatter issues that must also be balanced against the principle of land use and property rights.
