Rule 801.When Defendant Claims Part Only
Last verified June 28, 2026
In one sentenceRule 801 treats a defendant's answer claiming only part of the premises as a disclaimer of the balance, narrowing the dispute to the portion the defendant still contests.
Full Text of Rule 801
Where the defendant claims part of the premises only, the answer shall be equivalent to a disclaimer of the balance.
End
Plain-English Summary
Rule 801 trims the case to what is contested. When the defendant claims only part of the premises, the answer counts as a disclaimer of the rest. The plaintiff need not fight for ground the defendant has let go, and the trial centers on the piece still in dispute.
Frequently Asked Questions
What if the defendant claims only part of the land?
The answer is treated as a disclaimer of the balance, leaving only the claimed part in dispute (Rule 801).
Does the plaintiff still have to prove title to the disclaimed part?
No. Rule 801 treats the defendant's answer as a disclaimer of the rest, so the plaintiff need not prove up land the defendant has given up.
What part of the land stays in dispute under Rule 801?
Only the portion the defendant's answer claims. The balance is disclaimed and drops out of the case.
Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the
Texas Rules of Civil Procedure (Tex. R. Civ. P. 801), 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: defendant claims part disclaimerpartial claim disclaimerdefendant disclaims remainder of landnarrowing dispute to claimed portionTRCP 801