The Basics of Texas Abandoned Property Law

Check out Jerry’s guide to Texas abandoned property law—we’ll go over what you should do with abandoned homes, vehicles, personal property, and more.

• Texas abandoned home law
• Texas abandoned vehicle law
• Texas abandoned personal property law
• How can I find my abandoned property?
• Find serious car insurance savings with Jerry
• FAQ

can get pretty tricky—but we’re here to walk you through all of the basics. If you’re looking for your own abandoned or unclaimed property, the

Let’s imagine a few scenarios. If you’re a landlord in Texas, and your tenant leaves behind possessions, what should you do? Well, under state law, you can sell or dispose of the possessions—as long as you’ve given notice to the tenant!

But what about abandoned houses and vehicles? And what’s this business about “adverse possession”? If all of the Texas regulations are making your head spin, don’t sweat it. Car insurance

is here to cover the essentials: what counts as abandoned property, what you should do if you come across abandoned property, and how to reclaim your own abandoned items.

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In reality, it’s pretty rare that somebody will stumble upon an abandoned home and start living there. More often than not, Texas abandoned home law kicks in when, say, a farmer starts using the abandoned land next to his farm to raise his cattle, or a family begins to gradually expand their playground into the empty lot next door.

Whether you’re hoping to use abandoned property for yourself or trying to evict a squatter , we’ll walk you through the relevant state laws.

, and you visit every summer, nobody will be able to claim that it’s abandoned. Even though you sometimes go months (or even years) without visiting, it still belongs to you because you consistently use it for a specific purpose.

If, on the other hand, you’ve left a farmhouse empty for more than a decade, somebody else might be able to acquire the property—but they’ll have to meet certain criteria before they can claim that it’s their own! How? Through something called an

In Texas law, an adverse possession claim is a legal principle that allows a squatter to claim ownership of a property . To make a successful claim, they must meet five criteria :

Hostile claim : The squatter must demonstrate that they intend to take the property from the original owner.

Care for the property : The squatter needs to treat the property like their own (for example, by making repairs or doing landscaping projects)

Ten-year rule : In Texas, the squatter cannot make an adverse possession claim unless they have lived at the property continuously for ten years.

Exclusive ownership : If the squatter is living at the home with other people (or even the owner!), their adverse possession claim is invalid.

Obvious ownership: The squatter must make it clear to the general public that they are using the property.

If these criteria are met, and the original owner doesn’t take action against the squatter within the allotted time period (three, five, or ten years, depending on the circumstances)— ownership of the abandoned home will pass to the squatter !

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Whew, that was a lot! Thankfully, Texas abandoned vehicle law is a bit more straightforward than home law. Let’s jump in.

has a detailed explanation, but we’ll hit the highlights here. Most abandoned vehicles in Texas fall under one of five categories :

The vehicle is inoperable , 5+ years old , and has been leftunattended on public property for 48+ hours

, abandoned vehicles can be seized and auctioned off by law enforcement. So, if you come across an abandoned vehicle, give the police a call—they’ll be happy to help you!

Here’s a pretty common scenario: say you’re a landlord, and your tenant moves out, leaving behind a few personal possessions. What should you do?

Though it’s hard to know exactly when personal property is considered abandoned under Texas law, there are some helpful guidelines to follow. It’s safe to assume that personal property is abandoned if the owner has left the property behind , and you:

. They’re in charge of abandoned and unclaimed property in Texas, so they’ll walk you through the steps you should take.

, the specifics might be slightly different, but the general procedure is the same. Report the abandoned property, try to give notice to the owner, and then follow the Comptroller’s instructions. That’s all there is to it!

Pro Tip When in doubt, reach out to the Texas Comptroller or contact a lawyer to learn what you should do with abandoned property.

If you’ve recently remembered some lost property, there are a few different things you can do to track it down:

” website, which is governed by the TexasComptroller . The Comptroller has returned more than $3 billion in property to its rightful owners.

. They have betteraccess to certain property types, and they’ll do their best to find your abandoned property.

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Samuel Todd · Expert Insurance Writer

Samuel Todd is an insurance writer with over three years of experience writing and editing content for various industries. Samuel specializes in helping car owners understand the ins and outs of what makes a “good” car, ensuring they always get the best value for their dollar. Since joining Jerry’s team of experts, Samuel has written nearly 200 articles for Jerry on topics including state regulations, common vehicle problems, and city insurance landscapes. Before joining Jerry, Samuel was an editor for Lamplight Books.

Editorial Note: This article was written by a paid member of Jerry's editorial team. Statements in this article represent the author’s personal opinions and do not constitute advice or recommendations. You should consult with an insurance professional about your specific circumstances and needs before making any insurance decisions.