Rule 798.Common Source of Title

Last verified June 28, 2026

In one sentenceRule 798 spares the plaintiff from tracing title beyond a common source, allowing proof of that common source by certified copies of deeds filed three days before trial with notice to the adverse party.

Full Text of Rule 798

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It shall not be necessary for the plaintiff to deraign title beyond a common source. Proof of a common source may be made by the plaintiff by certified copies of the deeds showing a chain of title to the defendant emanating from and under such common source. Before any such certified copies shall be read in evidence, they shall be filed with the papers of the suit three days before the trial, and the adverse party served with notice of such filing as in other cases. Such certified copies shall not be evidence of title in the defendant unless offered in evidence by him. The plaintiff may make any legal objection to such certified copies, or the originals thereof, when introduced by the defendant.

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Plain-English Summary

Rule 798 shortens the chain of title. The plaintiff need not trace ownership back past a source the parties share. He may prove the common source with certified copies of deeds showing the chain down to the defendant, filed three days before trial with notice to the other side. Those copies do not prove title in the defendant unless the defendant offers them, and the plaintiff keeps every legal objection to them.

Frequently Asked Questions

How far back must a plaintiff prove title in a Texas trespass-to-try-title suit?

Only to a common source shared with the defendant, proved by certified copies of deeds filed three days before trial (Rule 798).

How must the certified copies of deeds be filed?

Three days before trial, with notice of the filing served on the other side, as Rule 798 requires.

Do the plaintiff's certified copies prove title in the defendant?

No, unless the defendant offers them into evidence himself. Rule 798 keeps the plaintiff's copies from proving the defendant's title on their own.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 798), 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: proof of common source of titlecertified deed copies filed before trialderaigning title to common sourcechain of title from common sourceTRCP 798