Current as of April 14, 2021 | Updated by FindLaw Staff
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(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.
Cite this article: FindLaw.com - Texas Property Code - PROP § 22.041. Plea for Removal of Improvements - last updated April 14, 2021 | https://codes.findlaw.com/tx/property-code/prop-sect-22-041.html
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