Rule 797.Survey Unnecessary, When
Last verified June 28, 2026
In one sentenceRule 797 makes an order of survey unnecessary when the lines and boundaries are undisputed, or when the defendant admits possession of the land included in the plaintiff's claim or title.
Full Text of Rule 797
Where there is no dispute as to the lines or boundaries of the land in controversy, or where the defendant admits that he is in possession of the lands or tenements included in the plaintiff's claim, or title, an order of survey shall be unnecessary.
End
Plain-English Summary
Rule 797 marks when a survey adds nothing. If no one disputes the lines or boundaries of the land, or if the defendant admits possession of the property covered by the plaintiff's claim or title, the court need not order a survey. The question turns on title, not on where the lines run.
Frequently Asked Questions
When is a survey not required in a Texas trespass-to-try-title case?
When the boundaries are undisputed, or the defendant admits possession of the land in the plaintiff's claim (Rule 797).
Does an admission of possession alone avoid a survey?
Yes. If the defendant admits possession of the land in the plaintiff's claim, Rule 797 makes an order of survey unnecessary.
Does Rule 797 apply when the parties dispute who owns the land, not where the lines run?
Yes. Rule 797 excuses a survey whenever the boundaries are undisputed or possession is admitted, regardless of who ultimately holds title.
Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the
Texas Rules of Civil Procedure (Tex. R. Civ. P. 797), published by the Texas Judicial Branch (txcourts.gov).
Promulgated by the Supreme Court of Texas. The plain-English summary is original and draws on official sources. Last verified June 28, 2026. ·
Official source
Also known as: when no survey order neededno survey needed boundaries undisputedadmission of possession avoids surveyskipping the survey orderTRCP 797