Who bears the burden of proof in a Trespass to try title action?

In a Trespass to Try Title action, the burden of proof is placed on the record owner of the property. This legal proceeding is initiated when a dispute arises regarding the ownership of a property, and the record owner must establish their legal title to the land in question. The record owner is someone whose name appears in the public records as the owner, which provides a presumption of title.

The rationale behind this is that property rights are closely tied to the records maintained by the government, and these records are intended to clarify ownership to avoid disputes. By placing the burden of proof on the record owner, the courts uphold the integrity of these records and support the principle that ownership should be determined based on legally recorded evidence.

The person in possession of the property may also assert a claim, perhaps arguing adverse possession or another form of ownership; however, it is the record owner who must first establish their title as valid if the case is to be resolved in their favor. This process ensures that property ownership claims are adjudicated based on established legal principles and recorded facts.