Inheriting a home or land can be a blessing—but it can also come with unexpected challenges. One of the most stressful situations new property owners face is discovering squatters living in the home. Whether you’re planning to sell, renovate, or move into the property, finding unauthorized occupants raises legal and safety concerns that you should address appropriately.

If you’re dealing with squatters in Texas, here’s what you need to know and the step-by-step process to reclaim your property legally and safely.

Understanding What Squatting Is—and Isn’t

Squatting occurs when individuals occupy property without permission, a lease, or a legal right to be there. This is not the same as trespassing. While trespassers may enter briefly and leave, squatters remain in a property and attempt to occupy it as though they are lawful residents.

In Texas, removing squatters must follow a specific legal process. Even though the property belongs to you, you cannot remove them by force, lock them out, or shut off utilities—doing so may expose you to legal consequences.

Step 1: Stay Calm and Avoid Confrontation

It can be frustrating to find strangers living on a property you own, but it’s essential to avoid confrontational approaches. Do not:

• Forcefully remove them

• Change the locks

• Attempt to intimidate or threaten eviction

• Remove their belongings

• Turn off utilities

These actions can complicate your legal position and potentially give squatters leverage in court.

Step 2: Contact Local Law Enforcement

Police may intervene if the situation is clearly criminal trespass, such as:

• Recent break-ins

• Unauthorized entry with no attempt to claim tenancy

However, squatters sometimes present false lease agreements or claim verbal permission. In those cases, police typically classify the matter as a civil issue, requiring the property owner to proceed through the eviction process.

Still, filing a police report is recommended. It creates documentation that can help during court proceedings.

Step 3: Serve a Formal Notice to Vacate

Texas law requires property owners to issue a 3-Day Notice to Vacate before filing an eviction. This notice must be:

• Delivered in person,

• Sent by certified mail, or

• Posted on the property (if necessary).

This starts the legal timeline and allows squatters to leave voluntarily.

Step 4: File an Eviction Through the Justice of the Peace Court

If the squatters do not leave within the notice period, the next step is filing a Forcible Detainer Eviction at the local JP Court. You’ll need:

• Proof of ownership (deed, probate order, etc.)

• A copy of the Notice to Vacate and proof of delivery

• The police report (if filed)

• Photos or documentation showing occupancy

Most eviction hearings are scheduled within 1–2 weeks.

Step 5: Attend the Court Hearing

Squatters rarely have valid documentation supporting their occupancy, so Texas courts typically side with the property owner. Once the judge rules in your favor, they issue a Judgment for Possession.

If the squatters still refuse to leave, the court will issue a Writ of Possession, authorizing law enforcement to remove them physically.

Step 6: The Constable Carries Out the Removal

Once the writ is issued, only the constable or sheriff is legally permitted to remove the squatters from your property. They will:

• Escort the occupants off the premises

• Return possession of the home to you

• Oversee removal or disposal of abandoned property (as required by Texas law)

This ensures a safe, lawful transition of possession.

Step 7: Secure the Property

After regaining control, take steps to prevent future issues:

• Change all locks and secure all entry points

• Install exterior lighting or cameras

• Post “No Trespassing” signage

• Begin repairs or renovations

• Move forward with your selling or leasing plans

Vacant homes are vulnerable, so the sooner they are secured, the better.

What About “Adverse Possession”?

Texas does allow adverse possession—commonly misunderstood as “squatters’ rights”—but the requirements are strict. Occupants would need:

• Many years (3–10+) of open, continuous occupancy

• Actual claim of right

• In some cases, payment of taxes

Most squatter cases involve short-term, unauthorized occupancy and do not meet these standards.

When to Contact a Real Estate Attorney

You should seek legal guidance if:

• Squatters provide questionable or falsified documents

• You inherited the property through probate and need help proving ownership

• The squatters damage the property

• The situation feels unsafe

An attorney can streamline the eviction process and ensure all documentation is handled correctly.

Final Thoughts

Discovering squatters on an inherited property can feel overwhelming, but Texas law is on the side of the rightful owner. By following the correct legal steps—notice, eviction filing, court hearing, and constable removal—you can reclaim your property and move forward with your plans to sell or restore the home.

If you need help evaluating your property, preparing it for sale, or navigating local real estate laws, our team at Preferred Properties of Texas is here to guide you through every step.