Texas Property Code

§ 22.041 — PLEA FOR REMOVAL OF IMPROVEMENTS

PR § 22.041Title 4. ACTIONS AND REMEDIES · Ch. 22. TRESPASS TO TRY TITLE · Art. C. REMOVAL OF IMPROVEMENTS

Statute text

(a)A defendant in a trespass to try title action who is not the rightful owner of the property in controversy may remove improvements made to the property if:

(1)the defendant, and those under whom the defendant claims, possessed the property, and made permanent and valuable improvements to it, without intent to defraud; and

(2)the improvements can be removed without substantial and permanent damage to the property.

(b)The pleadings of a defendant who seeks to remove improvements must contain:

(1)a statement that the defendant, and those under whom the defendant claims, adversely possessed the property, and made permanent and valuable improvements to it, without intent to defraud;

(2)a statement identifying the improvements; and

…

Legislative history

Acts 1983, 68th Leg., p. 3511, ch. 576, Sec. 1, eff. Jan. 1, 1984.