Rule 804.The Judgment
Last verified June 28, 2026
In one sentenceRule 804 shapes the judgment for a winning plaintiff: it awards title or possession, or both, of the premises, describes them, and, where possession is recovered, grants a writ of possession.
Full Text of Rule 804
Upon the finding of the jury, or of the court where the case is tried by the court, in favor of the plaintiff for the whole or any part of the premises in controversy, the judgment shall be that the plaintiff recover of the defendant the title or possession, or both, as the case may be, of such premises, describing them, and where he recovers the possession, that he have his writ of possession.
End
Plain-English Summary
Rule 804 sets the form of the judgment. On a finding for the plaintiff — by jury or by the court — the judgment awards the title or possession, or both, of the premises and describes them. Where the plaintiff recovers possession, the judgment also grants a writ of possession to put him in.
Frequently Asked Questions
What does a plaintiff's judgment award in a Texas trespass-to-try-title case?
Title or possession of the described premises (or both), plus a writ of possession when possession is recovered (Rule 804).
Does the judgment have to describe the land recovered?
Yes. Rule 804 requires the judgment to describe the premises the plaintiff recovers, whether title, possession, or both.
When does the writ of possession issue under Rule 804?
Only when the plaintiff recovers possession. The judgment then grants the writ so the plaintiff can be put into 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. 804), 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: judgment for title or possessionwrit of possessionjudgment describes recovered premisespossession judgment writ issuedTRCP 804