Rule 730.Failure to Establish Title

Last verified June 28, 2026

In one sentenceRule 730 provides that when a claimant who obtained possession of property ultimately fails to establish the right to it, judgment may be rendered against the claimant and the sureties for the property's value, with legal interest from the date of the bond.

Full Text of Rule 730

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Where any claimant has obtained possession of property, and shall ultimately fail to establish his right thereto, judgment may be rendered against him and his sureties for the value of the property, with legal interest thereon from the date of such bond. Such judgment shall be rendered in favor of the plaintiff or defendant in the writ, or of the several plaintiffs or defendants, if more than one, and shall fix the amount of the claim of each.

End

Plain-English Summary

Rule 730 holds the claimant to the bond. Where a claimant has obtained possession of property and ultimately fails to establish the right to it, the court renders judgment against the claimant and the sureties on the bond for the value of the property — with interest and damages — so the plaintiff's recovery is secured.

Frequently Asked Questions

What happens if a property claimant loses in Texas?

Judgment is rendered against the claimant and the sureties for the property's value (Rule 730).

In whose favor is a Rule 730 judgment entered?

In favor of the plaintiff or defendant in the writ — or each of them, with the amount of each one's claim fixed in the judgment.

Does interest run on a Rule 730 judgment?

Yes. It includes legal interest on the property's value from the date of the claimant's bond.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 730), published by the Texas Judicial Branch (txcourts.gov). Promulgated by the Supreme Court of Texas. The plain-English summary is original and draws on official sources. Last verified June 28, 2026. · Official source

Also known as: failure to establish title trial of right of propertyclaimant loses property claim judgmentjudgment against claimant and sureties valueconsequences of losing right of property trialTRCP 730