§ 15.011.Land
Title 2. Trial, Judgment, and Appeal · Subtitle B. Trial Matters · Chapter 15. Venue · Subchapter B. Mandatory Venue · Last amended 1995 · Last verified August 29, 2026
Full Text of § 15.011
Plain-English Summary
The oldest and most-invoked mandatory venue rule in Texas, and it covers five categories of action.
Suits for recovery of real property or an estate or interest in it, for partition, to remove encumbrances from title, for recovery of damages to real property, and to quiet title must be brought in the county where all or part of the property is located.
The rule rests on practicalities that have not changed: the records are in that county, a jury can view the property, and a judgment affecting title is recorded there.
The recurring fight is characterisation. Whether a suit is one about land, or is a contract or fraud claim that merely concerns land, decides whether this mandatory provision applies. A claim for the price of land is a contract claim; a claim to set aside the deed is a land claim.
Because it is mandatory, a suit joining a land claim with others from the same transaction pulls the whole case here under Section 15.004 — which makes the characterisation question worth resolving before filing rather than after.
Frequently Asked Questions
Where do I file a lawsuit about real estate in Texas?
In the county where all or part of the property is located, for actions to recover the property, partition it, remove encumbrances, recover damages to it, or quiet title.
What if the property spans two counties?
The section allows the county in which all or a part of the property is located, so either qualifies.
Is a contract dispute about land covered?
Not necessarily. The question is whether the suit falls within one of the five listed categories, and characterisation is the usual battleground.
Does a land claim fix venue for the whole case?
Yes, where the claims arise from the same transaction and are properly joined — the mandatory provision governs the entire suit.
Amendment History
- Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1995, 74th Leg., ch. 138, Sec. 2, eff. Aug. 28, 1995.