In one sentenceRule 783 opens the trespass-to-try-title action by setting what the petition must state — the parties' names and residences, a description of the premises, the plaintiff's claimed interest, and that the defendant unlawfully withholds possession.
(a)The real names of the plaintiff and defendant and their residences, if known.
(b)A description of the premises by metes and bounds, or with sufficient certainty to identify the same, so that from such description possession thereof may be delivered, and state the county or counties in which the same are situated.
(c)The interest which the plaintiff claims in the premises, whether it be a fee simple or other estate; and, if he claims an undivided interest, the petition shall state the same and the amount thereof.
(d)That the plaintiff was in possession of the premises or entitled to such possession.
(e)That the defendant afterward unlawfully entered upon and dispossessed him of such premises, stating the date, and withholds from him the possession thereof.
(f)If rents and profits or damages are claimed, such facts as show the plaintiff to be entitled thereto and the amount thereof.
(g)It shall conclude with a prayer for the relief sought.
End
Plain-English Summary
Rule 783 begins the trespass-to-try-title action — the method for determining title to and the right of possession of land. The petition must state the real names and residences of the parties; a description of the premises by metes and bounds or with sufficient certainty to identify them; the interest the plaintiff claims, whether fee simple or otherwise; that the plaintiff was in possession or entitled to possession; and that the defendant unlawfully entered upon or withholds the premises, to the plaintiff's damage.
Frequently Asked Questions
What is trespass to try title in Texas?
The action to determine title to and possession of land. Rule 783 sets what the petition must allege.
What must a trespass-to-try-title petition contain?
The parties' names and residences, a description of the land, the plaintiff's claimed interest, and the defendant's unlawful possession (Rule 783).
Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the
Texas Rules of Civil Procedure (Tex. R. Civ. P. 783), 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:trespass to try title petitionrequisites of petition trespass to try titleTRCP 783