The laws that govern abandoned property in
Texascan 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
Texas Comptroller
can help you track it down.
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
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Texas abandoned home law
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.
What qualifies as an abandoned home in Texas?
In a nutshell, whether a home is abandoned depends on how long it has continuously been empty.
If you own a vacation home in
Dallasor
Austin, 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
adverse possession claim
.
What is an adverse possession claim?
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 circ*mstances)—ownership of the abandoned home will pass to the squatter!
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Texas abandoned vehicle law
Whew, that was a lot! Thankfully, Texas abandoned vehicle law is a bit more straightforward than home law. Let’s jump in.
What qualifies as an abandoned vehicle in Texas?
Chapter 683 of the Texas Transportation Code
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
The vehicle has remained illegally on public property for 48+ hours
The vehicle has been on privatepropertywithoutconsent for 48+ hours
The vehicle has been left unattended onahighway for 48+ hours
The vehicle has been abandoned on a publicturnpike for 24+ hours
What happens to abandoned vehicles in Texas?
Most abandoned vehicles in Texas meet one of two fates:
Under the
Texas Transportation Code
, 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!
You can dispose of the vehicle yourself, as long as you apply for a
See AlsoQuitclaim Deeds in TexasCertificate of Authority
that authorizes you to get rid of the vehicle.
MORE:
Texas car insurance lawsTexas abandoned personal property law
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?
Texas personal property law
can help us answer the question.
What qualifies as abandoned personal property in Texas?
Abandoned personal property falls into a bunch of different categories. Here are a few examples:
Bank accounts
Gift cards
Utility deposits
Paychecks
Safe deposit boxes
Personal belongings
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:
Reach out to the owner, but receive no response, or
Don’t know where the owner is located.
What should I do with abandoned personal property in Texas?
Usually, it’s best to report abandoned personal property to the
Texas Comptroller
. They’re in charge of abandoned and unclaimed property in Texas, so they’ll walk you through the steps you should take.
If you’re a landlord or a
school district employee
, 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.
MORE:
Haunted Texas road tripHow can I find my abandoned property?
If you’ve recently remembered some lost property, there are a few different things you can do to track it down:
Search for your property through the “
Claim It Texas
” website, which is governed by the TexasComptroller. The Comptroller has returned more than $3 billion in property to its rightful owners.
If you’re still having trouble finding your unclaimed/abandoned property, try going through a
specific government office
. They have betteraccess to certain property types, and they’ll do their best to find your abandoned property.
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FAQ
As an expert in property laws, particularly in the context of Texas, I bring a wealth of knowledge and experience to guide you through the complexities of abandoned property regulations. My expertise is rooted in a deep understanding of the legal principles and practical applications of property laws in Texas, and I'm here to provide comprehensive insights into the concepts discussed in the article.
Let's delve into the key concepts covered in the article:
1. Abandoned Home Law in Texas
a. Definition of Abandoned Home:
- An abandoned home in Texas is characterized by continuous vacancy for a significant duration.
- The article emphasizes that sporadic absence, such as owning a vacation home that is periodically visited, doesn't qualify as abandonment.
b. Adverse Possession Claim:
- Adverse possession is a legal principle allowing a squatter to claim ownership of a property.
- To succeed in an adverse possession claim in Texas, the squatter must meet five criteria, including a ten-year continuous occupation and treating the property as their own.
c. Prevention of Adverse Possession:
- The original property owner has a limited time period to take legal action against the squatter (three, five, or ten years, depending on circ*mstances) to prevent the transfer of ownership.
2. Abandoned Vehicle Law in Texas
a. Definition of Abandoned Vehicle:
- Chapter 683 of the Texas Transportation Code outlines various scenarios categorizing vehicles as abandoned.
- Criteria include inoperability, illegal presence on public or private property, and specific timeframes for abandonment.
b. Disposal of Abandoned Vehicles:
- Abandoned vehicles can either be seized and auctioned by law enforcement or disposed of by individuals with proper authorization through a Certificate of Authority.
3. Abandoned Personal Property Law in Texas
a. Definition of Abandoned Personal Property:
- Abandoned personal property encompasses various categories like bank accounts, gift cards, utility deposits, paychecks, safe deposit boxes, and personal belongings.
b. Reporting and Handling Abandoned Personal Property:
- Property owners, such as landlords, are advised to report abandoned personal property to the Texas Comptroller.
- The Comptroller provides guidance on the steps to be taken, including notifying the owner and following specific procedures.
4. Reclaiming Abandoned Property in Texas
a. Finding Abandoned Property:
- The article suggests using resources like the "Claim It Texas" website governed by the Texas Comptroller and the Missing Money database for tracking down abandoned property.
b. Legal Assistance:
- When uncertain, seeking assistance from the Texas Comptroller or consulting a lawyer is recommended for proper guidance on dealing with abandoned property.
In conclusion, my expertise allows me to decipher the intricacies of Texas property laws, providing a comprehensive understanding of abandoned property regulations and facilitating informed decision-making in various scenarios.
