Last amended January 1, 1988 · Last verified June 28, 2026
In one sentenceRule 806 directs that when the possessor claims an allowance for improvements under sections 22.021-22.024 of the Texas Property Code, the plaintiff's claim for use, occupation, and damages is considered together with that improvements claim.
Full Text of Rule 806
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When the defendant or person in possession has claimed an allowance for improvements in accordance with Sections 22.021 - 22.024, Texas Property Code, the claim for use and occupation and damages mentioned in the preceding rule shall be considered and acted on in connection with such claim by the defendant or person in possession.
End
Plain-English Summary
Rule 806 links two money questions. A defendant or possessor may claim an allowance for improvements made to the land under sections 22.021 through 22.024 of the Texas Property Code. When he does, the court weighs the plaintiff's claim for use, occupation, and damages alongside that improvements claim, so the two are balanced against each other rather than decided in isolation.
Frequently Asked Questions
What happens when the possessor claims for improvements in a Texas trespass-to-try-title suit?
The court considers the plaintiff's claim for use, occupation, and damages together with the improvements claim under the Property Code (Rule 806).
Which Property Code sections govern the improvements claim in Rule 806?
Sections 22.021 through 22.024 of the Texas Property Code. Rule 806 ties the possessor's claim directly to those sections.
Why does Rule 806 combine the two claims instead of deciding them separately?
So the court can weigh what the plaintiff is owed for use and occupation against what the possessor is owed for improvements in a single reckoning.
Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the
Texas Rules of Civil Procedure (Tex. R. Civ. P. 806), 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:allowance for improvements good faith possessorProperty Code sections 22.021 to 22.024combining use occupation and improvements claimspossessor's improvements allowanceTRCP 806