Rule 784.The Possessor Shall Be Defendant
Last verified June 28, 2026
In one sentenceRule 784 names the defendant in a trespass-to-try-title suit: the person in possession when the land is occupied, or, when the premises sit unoccupied, some person who claims title to them.
Full Text of Rule 784
The defendant in the action shall be the person in possession if the premises are occupied, or some person claiming title thereto in case they are unoccupied.
End
Plain-English Summary
Rule 784 tells the plaintiff whom to sue. If the land is occupied, the defendant is the person in possession. If it is vacant, the defendant is someone who claims title to it. The rule ties the suit to a real adversary — the party holding or claiming the ground the plaintiff wants back.
Frequently Asked Questions
Whom do you sue in a Texas trespass-to-try-title case?
The person in possession if the land is occupied; if it is vacant, a person claiming title to it (Rule 784).
What if the land is vacant and no one occupies it?
Then the plaintiff sues a person who claims title to the vacant land, since Rule 784 looks to a claimant, not a possessor, when no one occupies the premises.
Does Rule 784 stop the plaintiff from naming more than one defendant?
No. Rule 784 names the required defendant, and Rule 785 lets the plaintiff add other people who claim title to the land.
Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the
Texas Rules of Civil Procedure (Tex. R. Civ. P. 784), 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: who is the defendant in trespass to try titleoccupied land defendantvacant land title claimant defendantsole possessor as defendantTRCP 784