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Texas Statewide Rule

Texas Squatters and Adverse Possession: 3-, 5-, 10-, and 25-Year Tiers (§§ 16.024-16.028)

Some RestrictionsApplies statewide across Texas (2026)

Key Facts

3 years
Possession under title or color of title (§ 16.024)
5 years
Registered deed + paid taxes + use (§ 16.025)
10 years
Bare possession, capped at 160 acres (§ 16.026)
25 years
Recorded instrument, even if void on its face (§ 16.028)
Statutes
Tex. Civ. Prac. & Rem. Code §§ 16.024-16.028
Last verified: September 5, 2026

Summary

In Texas a squatter can claim title only through adverse possession, with periods that shorten as the claim strengthens: 3 years under title or color of title (§ 16.024), 5 years with a registered deed plus paid taxes (§ 16.025), 10 years for bare possession capped at 160 acres (§ 16.026), and 25 years under a recorded instrument (§ 16.028).

Sec. 16.024. ADVERSE POSSESSION: THREE-YEAR LIMITATIONS PERIOD. A person must bring suit to recover real property held by another in peaceable and adverse possession under title or color of title not later than three years after the day the cause of action accrues.

Full Breakdown

Under Tex. Civ. Prac. & Rem. Code § 16.024, an owner must sue within three years against a possessor holding "under title or color of title." Section 16.025 sets a five-year bar where the possessor cultivates, uses, or enjoys the land, "pay[s] applicable taxes," and claims "under a duly registered deed" (excluding quitclaim, forged, or forged-power-of-attorney deeds). Section 16.026 sets a ten-year bar for one who cultivates, uses, or enjoys the property, "limited…to 160 acres" without a recorded instrument fixing larger boundaries. Section 16.028 sets a 25-year bar for a good-faith holder under a recorded instrument purporting to convey the property, which "extends to…all of the property described in the instrument, even though the instrument is void on its face or in fact." Possession must be actual, open, exclusive, hostile, and continuous.

Violations & Penalties

No specific statutory penalty against the owner. A squatter gains title only if every adverse-possession element is met for the applicable 3-, 5-, 10-, or 25-year period; otherwise the occupant has no possessory right and is subject to removal through the eviction or trespass process.

Frequently Asked Questions

How long before a squatter can claim property in Texas?
It depends on the strength of the claim. Texas sets tiers of 3 years under title or color of title (§ 16.024), 5 years with a registered deed and paid taxes (§ 16.025), 10 years for bare possession capped at 160 acres (§ 16.026), and 25 years under a recorded instrument even if void (§ 16.028).
Does paying property taxes help a Texas adverse possession claim?
Yes. Under Tex. Civ. Prac. & Rem. Code § 16.025, a possessor who cultivates, uses, or enjoys the land, pays the applicable taxes, and claims under a duly registered deed can perfect title in just five years, far shorter than the ten-year bare-possession period.
Can a Texas owner remove a squatter quickly?
Yes. Until an adverse possessor meets every element for the full statutory period, the occupant has no title and may be removed. An owner typically serves a three-day notice to vacate and files a forcible detainer (eviction) suit, or pursues a trespass action.

Sources

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