Understanding the Burden of Proof in Texas Quiet Title Actions
Understanding the Burden of Proof in Texas Quiet Title Actions
For property owners who want to establish undisputed ownership of a property, filing for a Quiet Title is one of the most common options to protect their interests. This type of title establishes clear ownership over a property. This can be especially beneficial before putting a property up for sale or refinancing.
In lawsuits related to Quiet Title, the person who files, or the plaintiff, generally has the burden of proof. They’re responsible for establishing their legal claim to the property in question. In Rogers v.Ricane Enterprises, Inc., The Supreme Court of Texas stated that the plaintiff has the burden of establishing that they have a title superior to the defendant’s.
A plaintiff can establish their superior title through evidence. The goal is to show, via evidence, that their claim is valid and that they have a superior claim compared to anyone else who claims ownership of the property. Ideally, the plaintiff will also produce evidence that shows the other claimants have no legitimate interest in the property.
Evidence often used to establish a superior title:
- Deeds
- Surveys
- Affidavits
- Expert testimony
- Witness statements
- Historical records
- Chain of title
- News articles
- Proof of maintaining property
- Financial records, such as bank or mortgage statements
- Text messages, emails, and other written communications
What evidence a plaintiff should submit depends on the circumstances of their case. No two cases are identical, and evidence that works in one case may not be effective in another. An attorney can help their client determine the best evidence to help them establish a strong case.
In general, establishing superior ownership involves multiple types of evidence. If there’s clear ownership, a case generally won’t go to court but should be quickly settled. Cases that take longer usually require multiple types and sources of evidence to establish a clear and undisputed title.
Hire a Skilled Property Lawyer Who Knows Texas
If you have questions about quiet title, a skilled Texas property law attorney can help. The attorneys at Manfred Law help Texas property owners claim what’s theirs. Call us at 713-547-5460 or contact us online to schedule your consultation.
