Trespass to Try Title Claims in Texas: How Property Ownership Disputes Are Resolved

A trespass to try title case is the Texas court process used to decide who really owns a piece of land or property. It is controlled by Chapter 22 of the Texas Property Code. Before filing this type of case, it’s important to carefully follow the specific pleading rules in that chapter.

In Texas, this is the main legal process courts use to decide who owns property when more than one person claims it. To file this kind of case, the person suing must be able to show they have legal title to the property they want to recover. A Texas title dispute attorney from Coleman Jackson PC can review your documents and help you decide whether you have the proof needed to move forward.

How Is Ownership Proven in a Texas Trespass to Try Title Case?

In a trespass to try title case, the person who files the lawsuit must win because they can prove that they own the property, not just because they can show that the other side’s title is wrong.

To show that they own something, the plaintiff must show one of the following:

• A clear chain of title that shows how the property was legally passed from the original owner to them
• A better title than the defendant when both claim from the same source
• Getting ownership by meeting the legal time limits for possession (limitations)
• Evidence that they owned the property first and didn’t give it up

Claim for Improvements

In a Texas trespass to try title case, the person in possession may not be the real owner, but they can still have some rights if they truly thought they owned the property and made lasting, valuable upgrades to it. Texas law allows that person to ask for payment for those improvements.

The court compares two amounts: the value added by the improvements and the value of the defendant’s use of the property, plus any damage done to it. If the improvements are worth more, the true owner may have to pay the difference. If the use and damage are worth more, the defendant may have to pay the difference and the court costs.

The value of the improvements is measured at the time of the trial, but only the amount that actually increased the property’s value counts.

The value of the defendant’s use of the property is measured only for the time they possessed it before the lawsuit was filed. When calculating that amount, the court does not include any increase in value caused by the improvements the defendant (or prior occupants connected to the defendant) made.

To claim payment for improvements, the defendant must have possessed the property in good faith, under a claim of ownership, for at least one year before the lawsuit was filed.

When a defendant asks for credit for improvements, there are limits on what they may have to pay. They are not responsible for damages or for the value of using the property going back more than two years before the lawsuit was filed. They also do not have to pay more in damages and use value than the amount the improvements added to the property.

Writ of Possession and Payment for Improvements

If the plaintiff wins the property, but the defendant wins money for improvements that is more than what the defendant owes for use or damage, the plaintiff cannot take possession right away.

The court will not issue a writ of possession for one year after the judgment unless the plaintiff first pays the defendant’s improvement award (plus interest) to the court clerk for the defendant’s benefit.

After a trespass to try title case, the plaintiff may win ownership of the property and the defendant may win a money award for improvements. If the plaintiff does not pay that award (plus interest) within one year, the defendant gets another option.

Within the next six months after that one-year deadline, the defendant can pay the court the value of the property, minus the value of the improvements. If the defendant does this, the plaintiff cannot get a writ of possession and cannot bring another action to take the property from the defendant or the defendant’s heirs or assigns.

If the defendant does not choose to make that payment during the six-month window, the plaintiff can then ask the court for a writ of possession, just like in other cases, and take possession of the property.

Removal of Improvements

In a trespass to try title case, a defendant who turns out not to be the true owner may still be allowed to remove improvements they added to the property, but only if both of these are true:

• They (or the people they claim through) possessed the property and made permanent, valuable improvements honestly, without trying to cheat or defraud anyone.
  
• The improvements can be removed without causing major, lasting damage to the property.

The defendant cannot remove the improvements right away. First, they must file detailed facts with the court about the improvements, get a court order that allows removal, and post a bond in the amount the court requires. The bond must promise that the improvements will be removed in a way that puts the property back close to how it was before the improvements were added.

The court can also require the defendant to pay any money judgment owed to the plaintiff before the defendant is allowed to remove the improvements.

Statute of Limitations

The legal theory the plaintiff uses to prove ownership often affects the deadline for filing a case. When a deed is forged, courts have used either a 10-year or a 25-year time limit to get the property back. Depending on the facts of the case, Texas laws and court decisions support using one of these two time limits.

When a title case is based on a claim that a deed was obtained through fraud, courts have often applied a four-year filing deadline. This four-year limit has been used in both quiet title cases and trespass to try title cases that involve fraudulent deeds, based on Texas law and past court decisions.

Contact Coleman Jackson, P.C., Today

Title disputes and deed problems can be complex, and the filing deadlines can change depending on the facts and the legal claim used. Acting quickly and getting the right legal advice can make a big difference in protecting your property rights.

If you are dealing with a Texas title dispute or a questionable deed, talk with a Texas title dispute attorney at Coleman Jackson PC. Call (214) 599-0431 or reach out online to schedule a consultation and get clear guidance on your next steps.

This law blog is written by the attorneys at Coleman Jackson, P.C., located at 6060 North Central Expressway, Suite 620, Dallas, Texas 75206, for educational purposes only. It does not create an attorney-client relationship between this law firm and the reader. You should consult with legal counsel in your geographic area regarding any legal issues affecting you, your family, or your business.

Coleman Jackson, P.C. | Tax Law, Business Law, Immigration Law | English: (214) 599-0431 | Spanish: (214) 599-0432.