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Trespass to Try Title Law & Legal Definition

Trespass to try title is a civil action used in certain jurisdictions to determine title to land which is in dispute. It is similar to an action to quiet title.

The following is an example of a state law governing actions to try title:

22.001. TRESPASS TO TRY TITLE. (a) A trespass to try title action is the method of determining title to lands, tenements, or other real property. (b) The action of ejectment is not available in this state.

§ 22.002. TITLE SUFFICIENT TO MAINTAIN ACTION. A headright certificate, land scrip, bounty warrant, or other evidence of legal right to located and surveyed land is sufficient title to maintain a trespass to try title action.

§ 22.003. FINAL JUDGMENT CONCLUSIVE. A final judgment that establishes title or right to possession in an action to recover real property is conclusive against the party from whom the property is recovered and against a person claiming the property through that party by a title that arises after the action is initiated.





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