law-TtTT | Trespass to Try Title suit litigation |

Trespass to Try Title suit

A trespass to try title action “is typically used to clear problems in chains of title or to recover
possession of land unlawfully withheld from a rightful owner.”  See Martin v. Amerman, 133 S.W.3d
262, 265 (Tex. 2004), superseded by statute, Tex. Civ. Prac. & Rem. Code Ann. § 37.004 (Vernon
2008) (reversing Martin’s holding that relief under the Declaratory Judgment Act was unavailable
for boundary dispute).  It is the exclusive remedy by which to resolve competing claims to property.  
Jordan v. Bustamante, 158 S.W.3d 29, 34 (Tex. App.—Houston [14th Dist.] 2005, pet. denied).  
Courts require claimants bringing this type of “suit to quiet title” to base their claims on the strength
of their own title.  See Kennedy Con., Inc. v. Forman, 316 S.W.3d 129, 135 (Tex. App.—Houston
[14th Dist.] 2010, no pet.); Alkas, 672 S.W.2d at 857.  To recover, a claimant must establish a
prima facie right of title by proving one of the following: (1) a regular chain of conveyances from the
sovereign; (2) a superior title out of a common source; (3) title by limitations; or (4) prior
possession, which has not been abandoned.  Kennedy Con., Inc., 316 S.W.3d at 135.  

Lofton v. Dyer (Tex.App.- Houston [1st Dist.] May 15, 2008)(Hanks) (real estate law, trespass to try title,
adverse possession, right to trial by jury waived, motion for continuance denied)
AFFIRM TC JUDGMENT: Opinion by
Justice Hanks
Before Justices Nuchia, Hanks and Higley
01-07-00184-CV Percy Lofton, Jr., Conal Lofton, James Lofton, Lonnie E. Turner, Carol S. Lofton Fowler,
Delilah A. Lofton, and Horace Lofton v. Eddie Dyer
Appeal from 278th District Court of Grimes County
Trial Court Judge: Hon. Kenneth Keeling  

Ramirez Restrepo v. Gutierrez (Tex.App.- Houston [1st Dist.] Jan. 31, 2008)(Higley)
(
real estate transactions, trespass to try title action, tenants)
AFFIRM TC JUDGMENT: Opinion by
Justice Higley
Before Justices Nuchia, Hanks and Higley
01-06-01100-CV Edgar Ramirez Restrepo and Gerardo Campo Ramirez v. Ingrid X. Gutierrez
Appeal from 11th District Court of Harris County (
Judge Mark Davidson)  



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