Rule 808.These Rules Shall Not Govern, When

Last amended January 1, 1988 · Last verified June 28, 2026

In one sentenceRule 808 preserves rights that arose before the common law: nothing in the Texas Property Code's trespass-to-try-title chapter alters or takes them away, and they are decided under the law that governed when they accrued.

Full Text of Rule 808

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Nothing in Sections 22.001 - 22.045, Texas Property Code, shall be so construed as to alter, impair or take away the rights of parties, as arising under the laws in force before the introduction of the common law, but the same shall be decided by the principles of the law under which the same accrued, or by which the same were regulated or in any manner affected.

End

Plain-English Summary

Rule 808 is a savings clause for the statute. Sections 22.001 through 22.045 of the Texas Property Code do not alter, impair, or take away rights that arose under the law in force before the common law was introduced. Those older rights are judged by the principles of the law under which they accrued — the Code leaves them where it found them. Its companion, Rule 809, says the same for these rules.

Frequently Asked Questions

Does the Property Code's trespass-to-try-title chapter disturb pre-existing rights?

No. Rights that arose before the common law are preserved and decided under the law that governed when they accrued (Rule 808).

Which law decides rights that arose before the common law came in?

The law under which those rights accrued or were regulated. Rule 808 leaves that older law in place rather than applying the Property Code's trespass-to-try-title chapter to them.

Does Rule 808 apply to most trespass-to-try-title cases today?

Rarely. It preserves a narrow category of pre-common-law rights; the great majority of cases proceed under the ordinary rules.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 808), 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: Property Code trespass to try title savings clausepre-common-law rights preservedProperty Code sections 22.001 to 22.045 savings clauserights predating the common lawTRCP 808