If you own land in Texas, you might think your deed is all the protection you need. But when facing a dispute, a deed is often just the starting point. When a neighbor's fence crosses ten feet onto your acreage or someone shows up with a competing deed from a common source, you're not just dealing with a simple Texas boundary dispute. You're facing a serious threat to your ownership—something Texas law takes very seriously.
In many of these situations, a standard quiet title suit is not the proper path to resolving your issues. One of the most comprehensive remedies available under Texas law is a Trespass to Try Title action under Texas Property Code chapter 22.
The "Litigation Duel" of Trespass to Try Title
Texas Property Code chapter 22 governs the process for a Trespass to Try Title claim. Unlike other states that allow for simple ejectment, Texas requires this technical and exclusive method to resolve competing claims for title and possession.
It is a "litigation duel" because of the unusual burden of proof that is required. With many civil causes of action, you win by proving the defendant is in the wrong. In a trespass to try title action, you must prevail on the strength of your own title by proving your right to the land through one of four specific avenues:
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A regular chain of title stretching from your hands all the way back to the original sovereignty of the soil (the land grant).
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Superior title emanating from a source common to both you and your opponent.
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Title by limitations, involving the complex evidentiary standards of adverse possession.
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Prior possession that has never been abandoned.
If there's a missing link in your chain of title, the court may rule against you—even if the person on your land doesn't have a deed at all.
Chapter 22 is Smart for Texas Property Owners
For Texas property owners, investors, and developers, Chapter 22 is often the turning point that transforms a problematic asset into a secure investment. We rely on this statute when your ownership is threatened, and the dispute requires decisive legal action. Common situations where we use Chapter 22 include:
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Encroachment & Boundary Enforcement: When a development is stalled because a neighboring structure crosses a property line, Chapter 22 is the primary mechanism used to clear the path.
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Adverse Possession Defense: When a party asserts rights based on years of "open and notorious" use, we use Chapter 22 to re-establish the true owner's legal dominance.
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Recovering Possession: Depending on the facts and evidence, a successful claim may allow recovery of possession.
The Final Resolution: The Writ of Possession
A successful Chapter 22 action concludes with a Writ of Possession. This is the court-ordered enforcement that physically restores your property rights. Because Texas law also protects "good faith" possessors who may have made valuable improvements to the land, these cases require a litigation-forward advocate with deep experience in Texas title disputes.
If your property ownership is actively challenged, it's time to seek legal help from a team that understands title disputes in the full context of real estate transactions. The Keller Firm brings the technical precision needed to prove superior title and resolve the complex possession disputes common in the Texas market.
Conclusion:
If a rival claimant is currently withholding your land or challenging your right to possession, the time for informal negotiation has passed. Protecting your marketable ownership requires a decisive legal strategy.
Stop the encroachment and secure your assets. If you suspect your property rights are being compromised, contact The Keller Firm in Dallas today to discuss how a Chapter 22 strategy can recover your land and protect your investment
Disclaimer: This website is for informational purposes only and does not provide legal advice. Please do not act or refrain from acting based on anything you read on this site. Using this site or communicating with The Keller Firm through this site does not form an attorney/client relationship.
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