Tex. Prop. Code § 5.028 · Subchapter B. FORM AND CONSTRUCTION OF INSTRUMENTS
CORRECTION INSTRUMENTS: NONMATERIAL CORRECTIONS.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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.
Notes and commentary — not statutory text
History
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.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/PR/htm/PR.5.htm
- Text hash
- sha256 3b1a7e7647880760b6bf16dc17fac8be880256436dbd5b127695f8ab754e184d
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
Cited by 6 provisions
Provisions in this library whose text cites Tex. Prop. Code § 5.028. Each shows the citation as that text prints it.
Local Government Code
Property Code
- Tex. Prop. Code § 5.027CORRECTION INSTRUMENTS: GENERALLY.Printed as Section 5.028 or 5.029
- Tex. Prop. Code § 5.029CORRECTION INSTRUMENTS: MATERIAL CORRECTIONS.Printed as Section 5.028
- Tex. Prop. Code § 5.030CORRECTION INSTRUMENT: EFFECT.Printed as Section 5.028 or 5.029
- Tex. Prop. Code § 5.031CORRECTION INSTRUMENTS RECORDED BEFORE SEPTEMBER 1, 2011.Printed as Section 5.028 or 5.029
- Tex. Prop. Code § 114.087INSTRUMENT NAMING TRUST AS PARTY.Printed as Section 5.028
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.