How to File Try Title Trespass Suit In Texas ?
A trespass to try title action is a procedure by which claims to title or the right of possession may be adjudicated. Rogers v. Ricane Enterprises, Inc., 884 S.W.2d 763, 768 (Tex. 1994).
The plaintiff in a trespass to try title action must recover, if at all, on the strength of its own title and may not rely on the weakness of the defendant's title. Id; Wells v. Kansas Univ. Endowment Ass'n, 825 S.W.2d 483, 486 (Tex.App.--Houston [1st Dist.] 1992, writ denied).
The plaintiff has the burden to establish superior title by showing it has:
(1) title emanating from the sovereignty of the soil;
(2) a superior title in itself emanating from a common source;
(3) title by adverse possession, or ;
(4) title by earlier possession coupled with proof that possession has not been abandoned. Rogers, 884 S.W.2d at 768; Wells, 825 S.W.2d at 486.