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Me and 2 friends just moved in an abandond house. Another friend of mine told us if we elive here for a year without getting cought the place is ours. We told another guy about if we estay there for a year and he said "yea thats squatters law". i just want to know if thats true or not.

2006-11-24 17:14:51 · 11 answers · asked by James K 1 in Politics & Government Law & Ethics

11 answers

The law is that of "adverse possession". And in Texas the period is three years: http://recenter.tamu.edu/TGrande/vol13-2/1776.html

The landlord can do one of two things to avoid the statute running: s/he can give permission to stay, or s/he can evict. The squatter has to show that s/he is there under "color of right", claiming the rights of ownership and usage in conflict with (adverse to) the rights of the true owner.

There is also the right of the local government to taxes (somebody has to pay them or the property will be auctioned off) and potentially issues concerned with title insurance, inheritance, bankruptcy, etc.

ADDENDUM: The law of Costa Rica has nothing to do with the State of Texas; Costa Rica is a civil-law jurisdiction. Homestead rights under Texas law relate to a principal private residence and the ability of creditors to foreclose or levy. Ipso facto, land occupied by its owner or the owner's licensee cannot be the object of "squatting": those purporting to be squatters are in fact guests or tenants. An owner who knows of the presence of others on his or her land, and who grants permission for them to be there has only to prove that point to defeat any claim to adverse possession. Payment of money by an occupant also defeats any claim. (Compare this to Spain, for example, where payment of money may create a protected tenancy and the supposed guest cannot then be evicted: this sort of difference is why looking at Costa Rican (or any other foreign) law doesn't help to understand Texas law.)

2006-11-24 17:27:38 · answer #1 · answered by Anonymous · 2 0

Three-Year Statute

The three-year statute bars the rightful owner from filing a lawsuit to recover possession when the adverse possessor has been in peaceable possession under title or color of title for three years (Section 16.024).

Peaceable possession means continuous and uninterrupted possession. In other words, the adverse possessor's claim to the property was not challenged nor was the possessor removed during the three years.

Title means the adverse possessor entered with a deed that traces its origin back to the patent, the time the State of Texas or the Republic of Mexico transferred its rights to private ownership.

Color of title means the chain of title has some irregularities, but it still stands the test of fairness and honesty. The term also means that the chain of title could originate from a certificate of headright, a land warrant or a land scrip. The definition of these terms is beyond the scope of this article.

This statute is rarely called into question because the adverse possessor receives a deed from someone who owns the property according to some chain of title. Adverse possession is rarely a factor. To date, only five appellate cases have arisen under this statute. In all but one, the case was dismissed for lack of evidence.

2006-11-24 17:34:22 · answer #2 · answered by Anonymous · 0 0

Yes. There is a law of adverse possession in most states. The law basically says that the squatter has to be on property without the permission of the owner & against their will. If the person ever had persimmon from the owner to be on the property then they are not a squatter. They are likely a hold over tenant & have basic tenants rights.

2016-05-22 23:53:57 · answer #3 · answered by ? 4 · 0 0

i gave a family of 10 permission to move two RV s onto my property in their hard times. They pay no rent, utilities, or anything. can the eventually claim squatters right and can I request that they move at any given time?

2015-07-04 09:15:31 · answer #4 · answered by ? 1 · 0 0

Also, you may wish to pay a yearly tax on the property to the local government, which will keep the land plus dwelling from being taken by them and auctioned off.

2006-11-24 17:51:54 · answer #5 · answered by HSB 3 · 0 0

The Squatter's law has only one thing to do.. It gives you the right to lean back on a tree, And take a dump...

That law applies to only to dwelling on public property.. If this building in on private land.. Take your dump elsewhere...

2006-11-24 17:32:13 · answer #6 · answered by MinnesotaRick 2 · 0 1

No, it is not true. I live in Texas. There is a homestead law for actual owners of property

The owner has the right to shoot you if you are on his/her property

2006-11-24 17:22:17 · answer #7 · answered by Anonymous · 0 0

I have heard about land that was proclaimed squatters land, but be careful your in Texas and Texas is Texas and law is law.

2006-11-24 17:21:16 · answer #8 · answered by Anonymous · 0 1

No.

You are trespassing on private property and need to move out.

2006-11-24 17:18:48 · answer #9 · answered by abcdefghijklmnopqrstuvwxyz 6 · 0 0

Read the link.

2006-11-24 17:31:50 · answer #10 · answered by Nikki 7 · 0 0

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