Legal Question in Real Estate Law in Texas

Squatter Rights

I reside in the State of Texas. Can you tell me if there is such a thing as squatters rights in my state and if so can you give me some information? My husband and I own the property next door to our home in a rural area and he let his sister put a mobile home on our land and we do not charge her any lot fees such as rent but the real question here is can his sister claim squatters rights on hos property? I was told they could but that might be just hearsay. Also his sister is disabled and we have been told she could die from her disability, if this should happen and the mobile home is her's/morgage company will we have a problem getting her trailer removed off of our property and will we have to be the ones to pay someone to remove the trailer? I hope to hear back from you in the near future about this. Thanks so much for your time and help


Asked on 5/30/06, 11:47 pm

1 Answer from Attorneys

Charles White Charles G. White

Re: Squatter Rights

You are referring to the adverse possession statutes. Possession of property pursuant to a lease, permit, license, or mere verbal permission will not trigger the onset of a claim by adverse possession. To claim by adverse possession the owner must be put on notice of the claim by some type of notice, whether it be written, verbal, or acts which would suggest to an ordinary person that someone is claiming his property as their own.

HOWEVER, no land owner wants to get into a swearing match under this circumstance. All that is required is a simple lease or other signed memorandum that evidences that the property is leased or used only with permission and not adversely.

As to who will pay for removing the trailer -- if she has no money, that leaves only you and the government. If the trailer should fall into such disrepair that the city/county deems the property a nuisance, some cities/counties will abate the nuisance, and place a lien on the property for the cost. That means that in the long run you pay for it.

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Answered on 5/31/06, 8:26 am


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