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Texas · TitleTexas trespass to try title: the action that decides who owns the land

Texas has a single statutory action for title disputes: a trespass to try title action is the method of determining title to lands, tenements or other real property, and the common-law action of ejectment isn't available in Texas (Tex. Prop. Code §22.001). A headright certificate, land scrip, bounty warrant or other evidence of a legal right to located and surveyed land is enough title to maintain the action (§22.002). A final judgment establishing title or the right to possession is conclusive against the party from whom the property is recovered and against anyone claiming through that party by a title that arises after the action was started (§22.003).

What the statutes set

  1. The action (§22.001)

    Trespass to try title determines title; ejectment isn't available.

  2. Enough title (§22.002)

    Headright certificate, land scrip, bounty warrant or similar evidence.

  3. Judgment (§22.003)

    Conclusive against the loser and later claimants through them.

What the TC does when a title dispute blocks a Texas closing

  • Ask the title company which claim blocks the policy and what would cure it.
  • If a suit is pending, get the seller's attorney's estimated timeline.
  • Move the closing date only after the title company confirms the cure.

Questions about Texas trespass to try title

How is a title dispute decided in Texas?

Through a trespass to try title action, the statutory method of determining title to real property; ejectment isn't available (Tex. Prop. Code §22.001).

Who is bound by a Texas trespass to try title judgment?

The party from whom the property is recovered and anyone claiming through that party by a title arising after the suit began (Tex. Prop. Code §22.003).

Related guides

Track title cures and their deadlines as tasks on the deal in ClosingCode.

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Sources: Tex. Prop. Code §§22.001–22.003 (statutes.capitol.texas.gov), read October 30, 2026.

General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage. This guide is not a substitute for the advice or services of an attorney.