How to trespass

Originally published by David Coale.

Reviewing the sometimes-confusing law surrounding Texas’s “trespass to try title” cause of action, Brumley v. McDuff reasoned: “In substance and effect, the Brumleys sued for title to the disputed property. In describing their claim as an ‘action to quiet title,’ the Brumleys did not nullify the substance of their adverse possession allegations. A suit that seeks to resolve a title dispute is, in effect, an action in trespass to try title, whatever its form. Much as a party does not turn a trespass-to-try-title dispute into a declaratory-judgment action through artful pleading, a party does not forfeit its trespass-to-try title-action by inartfully naming it.” No. 19-0365 (Feb. 5, 2021) (footnotes omitted).

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