Ask a question on the site
Questions
Lawyers
Blogs
Legislation
Contacts
Become a lawyer
Login Registration
Chapter 5 - Conveyances
Subchapter A. General Provisions
Section 5.001. Fee Simple - Sec. 5.001. FEE SIMPLE. (a) An estate in land that...
Section 5.002. Failing as a Conveyance - Sec. 5.002. FAILING AS A CONVEYANCE. An instrument intended as...
Section 5.003. Partial Conveyance - Sec. 5.003. PARTIAL CONVEYANCE. (a) An alienation of real property...
Section 5.004. Conveyance by Authorized Officer - Sec. 5.004. CONVEYANCE BY AUTHORIZED OFFICER. (a) A conveyance of...
Section 5.005. Aliens - Sec. 5.005. ALIENS. An alien has the same real and...
Section 5.006. Attorney's Fees in Breach of Restrictive Covenant Action - Sec. 5.006. ATTORNEY'S FEES IN BREACH OF RESTRICTIVE COVENANT ACTION....
Section 5.007. Vendor and Purchaser Risk Act - Sec. 5.007. VENDOR AND PURCHASER RISK ACT. (a) Any contract...
Section 5.008. Seller's Disclosure of Property Condition - Sec. 5.008. SELLER'S DISCLOSURE OF PROPERTY CONDITION. (a) A seller...
Section 5.009. Duties of Life Tenant - Sec. 5.009. DUTIES OF LIFE TENANT. (a) Subject to Subsection...
Section 5.010. Notice of Additional Tax Liability - Sec. 5.010. NOTICE OF ADDITIONAL TAX LIABILITY. (a) A person...
Section 5.011. Seller's Disclosure Regarding Potential Annexation - Sec. 5.011. SELLER'S DISCLOSURE REGARDING POTENTIAL ANNEXATION. (a) A person...
Section 5.012. Notice of Obligations Related to Membership in Property Owners' Association - Sec. 5.012. NOTICE OF OBLIGATIONS RELATED TO MEMBERSHIP IN PROPERTY...
Section 5.013. Seller's Disclosure of Location of Conditions Under Surface of Unimproved Real Property - Sec. 5.013. SELLER'S DISCLOSURE OF LOCATION OF CONDITIONS UNDER SURFACE...
Section 5.014. Notice of Obligations Related to Public Improvement District - Sec. 5.014. NOTICE OF OBLIGATIONS RELATED TO PUBLIC IMPROVEMENT DISTRICT....
Section 5.0141. Notice Required Before Contract Execution - Sec. 5.0141. NOTICE REQUIRED BEFORE CONTRACT EXECUTION. (a) The notice...
Section 5.0142. Purchaser Signature Required - Sec. 5.0142. PURCHASER SIGNATURE REQUIRED. The purchaser shall sign the...
Section 5.0143. Recording of Notice at Closing - Sec. 5.0143. RECORDING OF NOTICE AT CLOSING. At the closing...
Section 5.0144. Reliance on Filed Service Plan - Sec. 5.0144. RELIANCE ON FILED SERVICE PLAN. (a) For the...
Section 5.0145. Suits for Damages - Sec. 5.0145. SUITS FOR DAMAGES. (a) If any sale or...
Section 5.015. Prohibited Fees - Sec. 5.015. PROHIBITED FEES. A person who has a right...
Section 5.016. Conveyance of Residential Property Encumbered by Lien - Sec. 5.016. CONVEYANCE OF RESIDENTIAL PROPERTY ENCUMBERED BY LIEN. (a)...
Section 5.018. Disclosure of Absence of Certain Warranties - Sec. 5.018. DISCLOSURE OF ABSENCE OF CERTAIN WARRANTIES. (a) A...
Section 5.019. Notice of Water Level Fluctuations - Sec. 5.019. NOTICE OF WATER LEVEL FLUCTUATIONS. (a) This section...
Section 5.020. Easements Restricting Possession of Firearms or Alcoholic Beverages Prohibited - Sec. 5.020. EASEMENTS RESTRICTING POSSESSION OF FIREARMS OR ALCOHOLIC BEVERAGES...
Subchapter B. Form and Construction of Instruments
Section 5.021. Instrument of Conveyance - Sec. 5.021. INSTRUMENT OF CONVEYANCE. A conveyance of an estate...
Section 5.022. Form - Sec. 5.022. FORM. (a) The following form or a form...
Section 5.023. Implied Covenants - Sec. 5.023. IMPLIED COVENANTS. (a) Unless the conveyance expressly provides...
Section 5.024. Encumbrances - Sec. 5.024. ENCUMBRANCES. "Encumbrance" includes a tax, an assessment, and...
Section 5.025. Wood Shingle Roof - Sec. 5.025. WOOD SHINGLE ROOF. To the extent that a...
Section 5.026. Discriminatory Provisions - Sec. 5.026. DISCRIMINATORY PROVISIONS. (a) If a restriction that affects...
Section 5.0261. Removal of Discriminatory Provision From Recorded Conveyance Instrument - Sec. 5.0261. REMOVAL OF DISCRIMINATORY PROVISION FROM RECORDED CONVEYANCE INSTRUMENT....
Section 5.027. Correction Instruments: Generally - Sec. 5.027. CORRECTION INSTRUMENTS: GENERALLY. (a) A correction instrument that...
Section 5.028. Correction Instruments: Nonmaterial Corrections - Sec. 5.028. CORRECTION INSTRUMENTS: NONMATERIAL CORRECTIONS. (a) A person who...
Section 5.029. Correction Instruments: Material Corrections - Sec. 5.029. CORRECTION INSTRUMENTS: MATERIAL CORRECTIONS. (a) In addition to...
Section 5.030. Correction Instrument: Effect - Sec. 5.030. CORRECTION INSTRUMENT: EFFECT. (a) A correction instrument that...
Section 5.031. Correction Instruments Recorded Before September 1, 2011 - Sec. 5.031. CORRECTION INSTRUMENTS RECORDED BEFORE SEPTEMBER 1, 2011. A...
Subchapter C. Future Estates
Section 5.041. Future Estates - Sec. 5.041. FUTURE ESTATES. A person may make an inter...
Section 5.042. Abolition of Common-Law Rules - Sec. 5.042. ABOLITION OF COMMON-LAW RULES. (a) The common-law rules...
Section 5.043. Reformation of Interests Violating Rule Against Perpetuities - Sec. 5.043. REFORMATION OF INTERESTS VIOLATING RULE AGAINST PERPETUITIES. (a)...
Subchapter D. Executory Contract for Conveyance
Section 5.061. Definition - Sec. 5.061. DEFINITION. In this subchapter, "default" means the failure...
Section 5.062. Applicability - Sec. 5.062. APPLICABILITY. (a) This subchapter applies only to a...
Section 5.0621. Construction With Other Law - Sec. 5.0621. CONSTRUCTION WITH OTHER LAW. (a) Except as provided...
Section 5.0622. Additional Applicability: Certain Counties - Sec. 5.0622. ADDITIONAL APPLICABILITY: CERTAIN COUNTIES. (a) This section applies...
Section 5.063. Notice - Sec. 5.063. NOTICE. (a) Notice under Section 5.064 must be...
Section 5.064. Seller's Remedies on Default - Sec. 5.064. SELLER'S REMEDIES ON DEFAULT. A seller may enforce...
Section 5.065. Right to Cure Default - Sec. 5.065. RIGHT TO CURE DEFAULT. Notwithstanding an agreement to...
Section 5.066. Equity Protection; Sale of Property - Sec. 5.066. EQUITY PROTECTION; SALE OF PROPERTY. (a) If a...
Section 5.067. Placement of Lien for Utility Service - Sec. 5.067. PLACEMENT OF LIEN FOR UTILITY SERVICE. Notwithstanding any...
Section 5.068. Foreign Language Requirement - Sec. 5.068. FOREIGN LANGUAGE REQUIREMENT. If the negotiations that precede...
Section 5.069. Seller's Disclosure of Property Condition - Sec. 5.069. SELLER'S DISCLOSURE OF PROPERTY CONDITION. (a) Before an...
Section 5.070. Seller's Disclosure of Tax Payments and Insurance Coverage - Sec. 5.070. SELLER'S DISCLOSURE OF TAX PAYMENTS AND INSURANCE COVERAGE....
Section 5.071. Seller's Disclosure of Financing Terms - Sec. 5.071. SELLER'S DISCLOSURE OF FINANCING TERMS. Before an executory...
Section 5.072. Oral Agreements Prohibited - Sec. 5.072. ORAL AGREEMENTS PROHIBITED. (a) An executory contract is...
Section 5.073. Contract Terms, Certain Waivers Prohibited - Sec. 5.073. CONTRACT TERMS, CERTAIN WAIVERS PROHIBITED. (a) A seller...
Section 5.074. Purchaser's Right to Cancel Contract Without Cause - Sec. 5.074. PURCHASER'S RIGHT TO CANCEL CONTRACT WITHOUT CAUSE. (a)...
Section 5.075. Purchaser's Right to Pledge Interest in Property on Contracts Entered Into Before September 1, 2001 - Sec. 5.075. PURCHASER'S RIGHT TO PLEDGE INTEREST IN PROPERTY ON...
Section 5.076. Recording Requirements - Sec. 5.076. RECORDING REQUIREMENTS. (a) Except as provided by Subsection...
Section 5.077. Annual Accounting Statement - Sec. 5.077. ANNUAL ACCOUNTING STATEMENT. (a) The seller shall provide...
Section 5.078. Disposition of Insurance Proceeds - Sec. 5.078. DISPOSITION OF INSURANCE PROCEEDS. (a) The named insured...
Section 5.079. Title Transfer - Sec. 5.079. TITLE TRANSFER. (a) A recorded executory contract shall...
Section 5.080. Liability for Disclosures - Sec. 5.080. LIABILITY FOR DISCLOSURES. For purposes of this subchapter,...
Section 5.081. Right to Convert Contract - Sec. 5.081. RIGHT TO CONVERT CONTRACT. (a) A purchaser, at...
Section 5.082. Request for Balance and Trustee - Sec. 5.082. REQUEST FOR BALANCE AND TRUSTEE. (a) A purchaser...
Section 5.083. Right to Cancel Contract for Improper Platting - Sec. 5.083. RIGHT TO CANCEL CONTRACT FOR IMPROPER PLATTING. (a)...
Section 5.084. Right to Deduct - Sec. 5.084. RIGHT TO DEDUCT. If a seller is liable...
Section 5.085. Fee Simple Title Required; Maintenance of Fee Simple Title - Sec. 5.085. FEE SIMPLE TITLE REQUIRED; MAINTENANCE OF FEE SIMPLE...
Section 5.086. Equitable Interest Disclosure - Sec. 5.086. EQUITABLE INTEREST DISCLOSURE. Before entering into a contract,...
Section 5.087. Additional Provisions: Certain Counties - Sec. 5.087. ADDITIONAL PROVISIONS: CERTAIN COUNTIES. (a) This section applies...
Subchapter F. Requirements for Conveyances of Mineral or Royalty Interests
Section 5.151. Disclosure in Offer to Purchase Mineral Interest - Sec. 5.151. DISCLOSURE IN OFFER TO PURCHASE MINERAL INTEREST. (a)...
Section 5.152. Certain Purchases of Mineral or Royalty Interests Void - Sec. 5.152. CERTAIN PURCHASES OF MINERAL OR ROYALTY INTERESTS VOID....
Subchapter G. Certain Private Transfer Fees Prohibited; Preservation of Private Real Property Rights
Section 5.201. Definitions - Sec. 5.201. DEFINITIONS. In this subchapter: (1) "Encumbered property" means...
Section 5.202. Certain Private Transfer Fee Obligations Void - Sec. 5.202. CERTAIN PRIVATE TRANSFER FEE OBLIGATIONS VOID. (a) Except...
Section 5.203. Notice Requirements for Continuation of Existing Private Transfer Fee Obligations - Sec. 5.203. NOTICE REQUIREMENTS FOR CONTINUATION OF EXISTING PRIVATE TRANSFER...
Section 5.204. Additional Compliance Requirement: Timely Acceptance of Fees Paid Under Existing Private Transfer Fee Obligations - Sec. 5.204. ADDITIONAL COMPLIANCE REQUIREMENT: TIMELY ACCEPTANCE OF FEES PAID...
Section 5.205. Disclosure of Existing Transfer Fee Obligation Required in Contract for Sale - Sec. 5.205. DISCLOSURE OF EXISTING TRANSFER FEE OBLIGATION REQUIRED IN...
Section 5.206. Waiver Void - Sec. 5.206. WAIVER VOID. A provision that purports to waive...
Section 5.207. Injunctive or Declaratory Relief; Providing Penalties - Sec. 5.207. INJUNCTIVE OR DECLARATORY RELIEF; PROVIDING PENALTIES. (a) The...