Sec. 5.028. CORRECTION INSTRUMENTS: NONMATERIAL CORRECTIONS.

524 words·~2 min read·/tx/property-code/title-2-conveyances/chapter-5-conveyances/subchapter-a-general-provisions/5-028·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)A person who has personal knowledge of facts relevant to the correction of a recorded original instrument of conveyance may prepare or execute a correction instrument to make a nonmaterial change that results from a clerical error, including:

(1)a correction of an inaccurate or incorrect element in a legal description, such as a distance, angle, direction, bearing or chord, a reference to a plat or other plat information, a lot or block number, a unit, building designation, or section number, an appurtenant easement, a township name or number, a municipality, county, or state name, a range number or meridian, a certified survey map number, or a subdivision or condominium name; or

(2)an addition, correction, or clarification of:

(A)a party's name, including the spelling of a name, a first or middle name or initial, a suffix, an alternate name by which a party is known, the identity of the trustee of a trust named as party, or a description of an entity as a corporation, company, or other type of organization;

(B)a party's marital status;

(C)the date on which the conveyance was executed;

(D)the recording data for an instrument referenced in the correction instrument; or

(E)a fact relating to the acknowledgment or authentication.

(a-1) A person who has personal knowledge of facts relevant to the correction of a recorded original instrument of conveyance may prepare or execute a correction instrument to make a nonmaterial change that results from an inadvertent error, including the addition, correction, or clarification of:

(1)a legal description prepared in connection with the preparation of the original instrument but inadvertently omitted from the original instrument; or

(2)an omitted call in a metes and bounds legal description in the original instrument that completes the description of the property.

(b)A person who executes a correction instrument under this section may execute a correction instrument that provides an acknowledgment or authentication that is required and was not included in the recorded original instrument of conveyance.

(c)A person who executes a correction instrument under this section shall disclose in the instrument the basis for the person's personal knowledge of the facts relevant to the correction of the recorded original instrument of conveyance.

(d)A person who executes a correction instrument under this section shall:

(1)record the instrument and evidence of notice as provided by Subdivision (2), if applicable, in each county in which the original instrument of conveyance being corrected is recorded; and

(2)if the correction instrument is not signed by each party to the recorded original instrument, send a copy of the correction instrument and notice by first class mail, e-mail, or other reasonable means to each party to the original instrument of conveyance and, if applicable, a party's heirs, successors, or assigns.

Added by Acts 2011, 82nd Leg., R.S., Ch. 194 (S.B. 1496 ), Sec. 1, eff. September 1, 2011.

Amended by:

Acts 2013, 83rd Leg., R.S., Ch. 158 (S.B. 887 ), Sec. 1, eff. September 1, 2013.

Acts 2023, 88th Leg., R.S., Ch. 345 (S.B. 801 ), Sec. 2, eff. September 1, 2023.