Tex. Prop. Code § 22.041 · Subchapter C. REMOVAL OF IMPROVEMENTS
PLEA FOR REMOVAL OF IMPROVEMENTS.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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
(3) an offer to provide a surety bond in an amount and conditioned as required by this section.
(c) Before removing the improvements, the defendant must post a surety bond in an amount determined by the court, conditioned on the removal of the improvements in a manner that substantially restores the property to the condition it was in before the improvements were made.
Notes and commentary — not statutory text
History
Acts 1983, 68th Leg., p. 3511, ch. 576, Sec. 1, eff. Jan. 1, 1984.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/PR/htm/PR.22.htm
- Text hash
- sha256 6c63272dcdc43e259b744cb94639191d49e84e50731cc0218e9be554f9c4b3ef
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.