As a landlord in Houston, you have probably come across the term ‘squatters’ rights’, but you may not know exactly what it means. Squatting, or the act of occupying someone else's property without permission, has become a contentious issue that affects property owners across the country. 

If you hold real estate investments in Houston, it is important to have a firm grasp on the issue of squatting so that you can protect yourself from costly litigation and serious headaches. This article will give an overview of squatting and outline the rights that both squatters and landlords have in these types of situations. Once you’re armed with this knowledge, you can take proactive steps to protect your investments. 

Disclaimer: The information provided in this blog does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available in this blog are for general informational purposes only.

The Legal Definition of Squatting

The term squatting refers to individuals residing in a property without the owner's permission. This unauthorized occupancy often occurs in vacant or abandoned buildings, but it can also take place in inhabited properties when squatters refuse to leave.

Although squatting and trespassing are related, they are distinct legal concepts with a few important differences. The first difference is that trespassing simply refers to the act of entering a property without authorization, whereas squatting refers to continuous occupation of a property over a period of time. The second difference is that while trespassing is a criminal misdemeanor offense, squatting is normally treated as a civil matter. 

The History of Squatting Laws

The history of squatting laws can provide valuable insights into the evolution of legislation surrounding unauthorized occupancy. Throughout history, squatting has been viewed through different lenses and treated with varying degrees of legality.

Squatting has an important legacy in the history of the United States. Early settlers could claim land simply by occupying and using it for a certain period of time. This principle of occupation and use of property playing a determining role in ownership is embodied by the concept of adverse possession. This doctrine, with its roots in English common law, was developed as a way to ensure that land was put to productive use and not left idle. Adverse possession continues to this day as a path to establishing ownership of a property.

The Process of Adverse Possession

Adverse possession refers to a legal principle that allows squatters to potentially claim ownership of a property if they meet specific criteria and reside on the premises for a certain period. In the state of Texas, the criteria for claiming adverse possession are as follows:

-The squatter must occupy the property openly and notoriously with no attempts to conceal what they are doing

-The squatter must occupy the property exclusively and not share it with anyone else

-The squatter must treat the property as their own, making repairs or improvements to the property

-The squatter’s claim of ownership must be hostile to the property owner

-The occupation needs to be continuous over a specified period of time. In Texas the required time period varies based on the circumstances

Rights and Protections for Squatters

Certain rights and protections are commonly afforded to individuals in unauthorized occupancy. These rights aim to safeguard individuals from arbitrary eviction and provide opportunities for legal representation and due process.

One of the key rights often recognized is the right to notice and a fair hearing before eviction. This ensures that squatters have an opportunity to present their case and articulate any legal claims they may have. Additionally, some jurisdictions may provide legal aid or pro bono services to squatters facing eviction, further ensuring a fair and equitable process.

If you need to evict a squatter from your property, it is a good idea to consult an attorney who can help you navigate the process.

The Impact of Squatting on Property Owners

Squatting can have significant implications for property owners. Property owners often face financial losses due to property damage, theft, and the expense of legal proceedings to regain possession.Moreover, dealing with squatters can cause emotional distress and disrupt the sense of security and privacy that property owners and tenants or neighbors expect. 

The best way to deal with squatters is to prevent squatting from taking place on your property altogether. Preventive measures such as security systems, locks, fences, and surveillance equipment can all be useful tools for protecting your investment. Enlisting the services of a Houston property management company is also a great way to ensure that there are eyes on your property at all times. 

Squatting and Homelessness

While squatting and homelessness are distinct issues, there is often an overlap between the two. For some individuals experiencing homelessness, squatting provides a temporary solution to their housing needs. The lack of affordable housing options and the desperate circumstances faced by some individuals can lead to squatting as a survival strategy.

If you discover someone squatting on your property in Houston who is in need of help, you may want to direct them to the Houston Housing Authority or other local organization that provides resources to vulnerable individuals.

Final Thoughts: Squatters' Rights in Houston

In conclusion, understanding squatters' rights is a vital consideration for landlords in Houston. By staying abreast of the evolving legal landscape and proactively safeguarding their properties, landlords can adequately protect their interests. As a landlord, always keep in mind that the best solution when it comes to dealing with squatters is to avoid squatting situations altogether. Any tools you can invest in to prevent trespassing will be worthwhile.

If you’re in need of a Houston property management company to help look after your real estate investments, get a hold of our local team and find out how our services can keep you protected!