DocketXDocketX / Claims / Trespass to land / Texas
Trespass to land in Texas
Entering or causing something to enter another's property without permission. Appeals in these cases run to the Court of Criminal Appeals of Texas, through 19 intermediate appellate courts.
What our library holds for Texas: 615,391 appellate decisions (1840 through June 2026), 122,681 statute sections, county local rules, and the Texas Rules of Civil Procedure and Evidence held word for word — so a trespass to land question here can be answered against real Texas authority, with every citation checked. See the rules quoted verbatim.
The generally recognized elements
These elements are recognized across U.S. jurisdictions; the wording, the burden, and the exceptions vary by state, so confirm them against Texas authority before relying on them.
- The plaintiff possessed the land
- The defendant intentionally entered or caused entry
- Without consent or privilege
What actually decides these cases
Intent to enter, not intent to trespass — a mistaken belief about a boundary is generally no defense. Damages may be nominal, but repeated trespass supports injunctive relief.
Defenses you should expect
- Consent or license
- Legal privilege (necessity, easement)
- The plaintiff lacked possessory interest
Before you rely on anything
Check the citations
If a letter, a filing, or an AI answer cites a Texas case to you, verify it exists — free, instant, against every U.S. reporter. Fabricated citations are the most common way people are misled about their own case.
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Keep going
This page states generally recognized legal frameworks for orientation; it is not legal advice, not Texas-specific legal guidance, and not a substitute for a lawyer or for reading the authority that governs your case. Statutes of limitation are short and vary by state and claim — if you may have a claim, find out your deadline immediately from your state's courts or a lawyer.