were, either in whole or in part, for the lands at issue.
As set out above, the establishment of a prima facie case by the title claimant for the passage of title to it under the Dominion Statute is a two step process after the title claimant affirmatively shows that the lands at issue are not claimed by the State of Texas via the introduction of a patent out of the State into a predecessor in title covering and pertaining to the lands at issue. Step One only involves the introduction of evidence tending to prove:
• Part Four - Burden of Proof Leading to a Prima Facie Case (25 year time period)
The present Dominion Statute provides in part, regarding the establishment of a prima facie case for title passage to the lands at issue, the following:
In a suit involving title to real property that is not claimed by this state, it is prima facie evidence that the title to the property has passed from the person holding apparent record title to an opposing party if it is shown that : 25
1. That the opposing party:
a. did NOT exercise dominion over the lands at issue for the twenty-five (25) years preceding the filing of the suit; and b. did NOT pay all property taxes before delinquency during the twenty-five (25) years preceding the filing of the suit.
Following the above quoted portion of the statute are the two steps needed to establish a prima facie case that the title claimant has met its burden of proof and is entitled to a judgment awarding it title to the lands at issue. 26 The first step 27 in establishing a prima facie case for title passing to the title claimant is for the title claimant to introduce evidence clearly showing that the opposing party did NOT exercise dominion over nor pay all property taxes before delinquency during the twenty-five (25) years preceding the filing of the suit. The second step 28 requires the affirmative proof by the title claimant that it has exercised dominion over and asserted a claim to the lands at issue and has paid all property taxes prior to delinquency for the twenty-five (25) years preceding the filing of the title litigation. 29 Both steps must be proved by the title claimant by a preponderance of the evidence before a prima facie claim to title by the title claimant may be legally established. The failure to prove even one of the elements in either step will result in the title claimant’s inability to establish its prima facie case to title passage. 30 In essence, the establishment of a prima facie case of the passage of title to the title claimant is at best a presumption of law (and not of fact). If (and when) proper evidence is offered rebutting this legal presumption, the presumption of title passage disappears and the case goes to the jury on the facts as established in the case. 31 A prima facie case for title passage is subject to rebuttal and thus overcome by the introduction of proper evidence. 32 The question is, what is proper evidence?
Step Two involves the introduction of evidence tending to prove:
2. That the title claimant DID:
a. exercise dominion over the lands at issue for the twenty-five (25) years preceding the filing of the title litigation; and b. asserted a claim to the lands at issue for the twenty-five (25) years preceding the filing of the title litigation; and c. paid all property taxes prior to delinquency for the twenty-five (25) years preceding the filing of the title litigation.
25 Art. 16.029 (a) (emphasis added) 26 Art. 16.029 (a)(1) and (2)
27 Art. 16.029 (a)(1) 28 Art. 16.029 (a)(2) 29 W.T. Carter v. Rhoden, 72 S.W.2d 620 (CCA - 1934) 30 Wiggins v. Houston Oil Co. of Texas, 203 S.W.2d 252(CCA - 1947); Estrada v. Chesire, 470 S.W.3d 109 (CCA – 2015) 31 Janes v. Gulf Production Co. (Tex. Civ. App.) 15 S.W.(2d) 1102, Wiggins v. Houston Oil Co. of Texas, 203 S.W.2d 252(CCA - 1947); Adams v. Brown, 113 S.W.2d 310 (CCA – 1937) 32 W.T. Carter v. Rhoden, 72 S.W.2d 620 (CCA - 1934)
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G rowth T hrough E ducat i on - J anuary / F ebruary / M arch 2026
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