Rule 805.Damages

Last verified June 28, 2026

In one sentenceRule 805 has the court or jury assess damages for the use and occupation of the premises when one party is in possession and the adverse party prevails, plus damages for any special injury alleged and proved, with judgment and execution to follow.

Full Text of Rule 805

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Where it is alleged and proved that one of the parties is in possession of the premises, the court or jury, if they find for the adverse party, shall assess the damages for the use and occupation of the premises. If special injury to the property be alleged and proved, the damages for such injury shall also be assessed, and the proper judgment shall be entered therefor, on which execution may issue.

End

Plain-English Summary

Rule 805 adds money to the recovery of land. Where one party is shown to be in possession and the other prevails, the court or jury assesses damages for the use and occupation of the premises. If special injury to the property was alleged and proved, those damages are assessed too, and judgment enters on which execution may issue.

Frequently Asked Questions

Can a winning party recover damages along with the land?

Yes — damages for use and occupation while the other party held the land, plus any special injury proved (Rule 805).

What triggers a damages award for use and occupation under Rule 805?

Proof that one party was in possession while the other prevails. The court or jury then assesses damages for that use and occupation.

Are damages for injury to the property separate from use-and-occupation damages under Rule 805?

Yes. Rule 805 assesses them separately, and only if the special injury was alleged and proved.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 805), 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: damages use and occupation trespass to try titleuse and occupation damages awardspecial injury to property damagesexecution on trespass to try title judgmentTRCP 805