Rule 802.When Plaintiff Proves Part
Last verified June 28, 2026
In one sentenceRule 802 provides that when the defendant claims the whole premises but the plaintiff proves a right to only part, the plaintiff recovers that part along with costs.
Full Text of Rule 802
Where the defendant claims the whole premises, and the plaintiff shows himself entitled to recover part, the plaintiff shall recover such part and costs.
End
Plain-English Summary
Rule 802 covers the partial win. The defendant may claim all of the land, but if the plaintiff shows a right to only a portion, the plaintiff takes that portion — and the costs. The judgment matches the proof rather than the breadth of the defendant's claim.
Frequently Asked Questions
Can a plaintiff recover part of the land in a Texas trespass-to-try-title suit?
Yes. If the plaintiff proves a right to part while the defendant claims the whole, the plaintiff recovers that part and costs (Rule 802).
Does the defendant's claim to the whole tract limit what the plaintiff can recover?
No. Rule 802 lets the plaintiff recover whatever part he proves, even though the defendant claimed the entire tract.
Does the plaintiff recover costs on a partial win under Rule 802?
Yes. Rule 802 awards the plaintiff costs along with the part of the premises he proves a right to.
Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the
Texas Rules of Civil Procedure (Tex. R. Civ. P. 802), 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: plaintiff recovers part of premisespartial recovery despite full claimproving right to part of tractcosts on partial judgmentTRCP 802