Quiet Title vs. Trespass to Try Title in Texas: How Do They Work?

Our last post discussed the differences between a “trespass to try title” and a “quiet title” action in Texas. You use a trespass to try title action in Texas to challenge ownership of land, while you use a quiet title action to settle a defect in the chain of title. A potential claim against the title is called a cloud, and a quiet title action can literally “quiet” the clouds and ensure you are the clear owner of the property. In this post, we’ll discuss what you must show to prevail in these actions.

1.    Prevailing on a Quiet Title Action in Texas

For example, you will use a quiet title action if you have a land boundary dispute with a neighbor or conflicting survey information. To win an action to quiet title in Texas, you’ll need to show the following:

• That you have an interest in a specific piece of real property,
• That your title to the property is affected by the defendant’s claim, and
• The claim isn’t valid or enforceable even if it’s valid on its face.

2.    Prevailing in a Trespass to Try Title Action in Texas

You might use a trespass to try title action to establish title to a property through adverse possession. To win an action in a trespass to try title in Texas, you’ll need to show:

• You have actual possession of the real property at issue, not constructive possession. You’ll need this to establish that your real property interest is the proper subject of the trespass to try title action.
• After establishing your actual possession of the property, you must show:
• A regular chain of conveyances from the “sovereign,” meaning you can show proper conveyances stretching back to the origin of the property right,
• The plaintiff has a superior title to the defendant’s if they come from a common source,
• Title by limitations, meaning the party who isn’t the title holder of record has continuously and openly possessed the property, or
• Prior possession of the property that hasn’t been abandoned.

The plaintiff in a trespass to try title action must prevail on their own strength of title, not weaknesses in the defendant’s title.

Hire a Skilled Texas Property Lawyer

If you’re concerned about title to your real property, it’s important to get legal guidance. Title issues can be nuanced and complex in Texas, but you don’t have to navigate the process alone. The experienced attorneys at Manfred Law have been helping Texans with property claims for years, and they can help you too. Give them a call at (713) 547-5460 or contact them online to schedule your consultation.