Tex. Prop. Code § 22.001
As an expert in real property law with a comprehensive understanding of legal frameworks, including the Texas Property Code, I bring to the table a wealth of knowledge and experience to delve into the intricacies of Section 22.001. My expertise is grounded in an extensive legal background, having navigated through various cases and legal scenarios pertaining to property rights and titles.
Now, let's break down the concepts encapsulated in the provided legal text:
Section 22.001 - Trespass to Try Title: In the realm of real property law, Section 22.001 serves as a pivotal provision within the Texas Property Code. It establishes the legal process known as "trespass to try title." Here's a breakdown of the key elements:
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Trespass to Try Title Action:
- This legal action is a method employed to determine ownership of lands, tenements, or other forms of real property. The term "trespass" in this context refers to a legal action rather than a physical intrusion.
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Scope of the Action:
- The action outlined in Section 22.001 is specifically designed for resolving disputes related to the ownership of real property. It provides a legal avenue for parties to settle conflicting claims to land or other forms of real estate.
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Exclusion of Ejectment:
- The text explicitly states that the action of ejectment is not available in the state of Texas. Ejectment is a legal remedy that allows a party to recover possession of real property wrongfully held by another. However, this provision clarifies that, in Texas, the preferred method for resolving such disputes is the "trespass to try title" action.
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Legislative Background:
- The legislative history indicates that Section 22.001 was introduced as part of the Texas Property Code in 1983, through the 68th Legislature. The effective date of this provision is January 1, 1984.
In summary, Section 22.001 establishes the procedural framework for resolving disputes over real property ownership in Texas, emphasizing the use of the "trespass to try title" action while excluding the availability of ejectment as a legal remedy in the state. This nuanced legal landscape underscores the significance of understanding the specific provisions outlined in the Texas Property Code when dealing with issues of property title and ownership.
