Rule 790.Answer Taken as Admitting Possession

Last verified June 28, 2026

In one sentenceRule 790 treats the plea of “not guilty,” or any answer to the merits, as an admission that the defendant possessed or claimed title to the premises when the suit began, unless the answer states the limited extent of that possession or claim.

Full Text of Rule 790

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Such plea or any other answer to the merits shall be an admission by the defendant, for the purpose of that action, that he was in possession of the premises sued for, or that he claimed title thereto at the time of commencing the action, unless he states distinctly in his answer the extent of his possession or claim, in which case it shall be an admission to such extent only.

End

Plain-English Summary

Rule 790 spares the plaintiff from proving the obvious. By answering on the merits, the defendant is treated as admitting that, when the suit started, he possessed the land or claimed title to it. A defendant who holds or claims only part can say so in the answer; the admission then reaches only that stated extent.

Frequently Asked Questions

Does answering a Texas trespass-to-try-title suit admit possession?

Yes, unless the answer states a narrower extent — an answer on the merits admits possession or a claim of title when the suit began (Rule 790).

Can a defendant limit what the answer admits?

Yes. Rule 790 lets the defendant state the extent of his possession or claim in the answer, which confines the admission to that stated extent.

What happens if the answer says nothing about the extent of possession?

The admission then reaches the full premises sued for. Rule 790 treats a silent answer as admitting possession or a claim to all of it.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 790), 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: answer admits possession trespass to try titleadmission by answer land suitlimiting extent of possession claimsilent answer full admissionTRCP 790