In a trespass to try title suit, who has the burden of proof?

In a trespass to try title suit, the burden of proof lies with the record or title owner. This legal principle stems from the fact that the individual claiming ownership or rightful possession must establish their legal title to the property in question. The record owner is in a position to provide evidence of their title, which may include deeds, prior transfers, or documentation that shows their legitimate claim over the property.

Establishing this burden is essential in settling disputes over property rights, as the record owner must demonstrate that their claim is superior to that of any opposing party. The defendant in possession might still argue for their right to remain on the land based on various defenses, but unless they can prove their claim or title, the original title holder remains favored under the law. Understanding this burden helps clarify property rights and the legal proceedings involved in trespass to try title cases.