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Texas Property Code - Chapter 5 ConveyancesLegal Research Home > Texas Lawyer > Property Code > Texas Property Code - Chapter 5 Conveyances (a) An estate in land that is conveyed or devised is a fee simple unless the estate is limited by express words or unless a ... An instrument intended as a conveyance of real property or an interest in real property that, because of this chapter, fails as a conveyance in ... (a) An alienation of real property that purports to transfer a greater right or estate in the property than the person making the alienation may ... (a) A conveyance of real property by an officer legally authorized to sell the property under a judgment of a court within the state passes ... An alien has the same real and personal property rights as a United States citizen. Acts 1983, 68th Leg., p. 3481, ch. 576, § 1, ... (a) In an action based on breach of a restrictive covenant pertaining to real property, the court shall allow to a prevailing party who asserted ... (a) Any contract made in this state for the purchase and sale of real property shall be interpreted as including an agreement that the parties ... (a) A seller of residential real property comprising not more than one dwelling unit located in this state shall give to the purchaser of the ... (a) Subject to Subsection (b), if the life tenant of a legal life estate is given the power to sell and reinvest any life tenancy ... (a) A person who is the owner of an interest in vacant land and who contracts for the transfer of that interest shall include in ... (a) A person who sells an interest in real property in this state shall give to the purchaser of the property a written notice that ... (a) A seller of residential real property that is subject to membership in a property owners' association and that comprises not more than one dwelling ... (a) A seller of unimproved real property to be used for residential purposes shall provide to the purchaser of the property a written notice disclosing ... Text of section as added by Acts 2005, 79th Leg., ch. 825, § 14, effective September 1, 2005 A person who has a right ... Text of section as added by Acts 2005, 79th Leg., ch. 1085, § 1, effective January 1, 2006 (a) A seller of residential real ... A conveyance of an estate of inheritance, a freehold, or an estate for more than one year, in land and tenements, must be in writing ... (a) The following form or a form that is the same in substance conveys a fee simple estate in real property with a covenant of ... (a) Unless the conveyance expressly provides otherwise, the use of "grant" or "convey" in a conveyance of an estate of inheritance or fee simple implies ... "Encumbrance" includes a tax, an assessment, and a lien on real property. Acts 1983, 68th Leg., p. 3482, ch. 576, § 1, eff. Jan. 1, ... To the extent that a deed restriction applicable to a structure on residential property requires the use of a wood shingle roof, the restriction is ... (a) If a restriction that affects real property, or a provision in a deed that conveys real property or an interest in real property, whether ... A person may make an inter vivos conveyance of an estate of freehold or inheritance that commences in the future, in the same manner as ... (a) The common-law rules known as the rule in Shelley's case, the rule forbidding a remainder to the grantor's heirs, the doctrine of worthier title, ... (a) Within the limits of the rule against perpetuities, a court shall reform or construe an interest in real or personal property that violates the ... In this subchapter, "default" means the failure to: (1) make a timely payment; or (2) comply with a term of an executory contract. Added by ... (a) This subchapter applies only to a transaction involving an executory contract for conveyance of real property used or to be used as the purchaser's ... (a) Except as provided by Subsection (b), the provisions of this subchapter and Chapter 92 apply to the portion of an executory contract described by ... (a) Notice under Section 5.064 must be in writing and must be delivered by registered or certified mail, return receipt requested. The notice must be ... A seller may enforce the remedy of rescission or of forfeiture and acceleration against a purchaser in default under an executory contract for conveyance of ... Notwithstanding an agreement to the contrary, a purchaser in default under an executory contract for the conveyance of real property may avoid the enforcement of ... (a) If a purchaser defaults after the purchaser has paid 40 percent or more of the amount due or the equivalent of 48 monthly payments ... Notwithstanding any terms of a contract to the contrary, the placement of a lien for the reasonable value of improvements to residential real estate for ... If the negotiations that precede the execution of an executory contract are conducted primarily in a language other than English, the seller shall provide a ... (a) Before an executory contract is signed by the purchaser, the seller shall provide the purchaser with: (1) a survey, which was completed within the ... (a) Before an executory contract is signed by the purchaser, the seller shall provide the purchaser with: (1) a tax certificate from the collector for ... Before an executory contract is signed by the purchaser, the seller shall provide to the purchaser a written statement that specifies: (1) the purchase price ... (a) An executory contract is not enforceable unless the contract is in writing and signed by the party to be bound or by that party's ... (a) A seller may not include as a term of the executory contract a provision that: (1) imposes an additional late-payment fee that exceeds the ... (a) In addition to other rights or remedies provided by law, the purchaser may cancel and rescind an executory contract for any reason by sending ... (a) On an executory contract entered into before September 1, 2001 , a purchaser may pledge the interest in the property, which accrues pursuant to ... (a) Except as provided by Subsection (b), the seller shall record the executory contract, including the attached disclosure statement required by Section 5.069, as prescribed ... (a) The seller shall provide the purchaser with an annual statement in January of each year for the term of the executory contract. If the ... (a) The named insured under an insurance policy, binder, or other coverage relating to property subject to an executory contract for the conveyance of real ... (a) The seller shall transfer recorded, legal title of the property covered by the executory contract to the purchaser not later than the 30th day ... For purposes of this subchapter, a disclosure required by this subchapter that is made by a seller's agent is a disclosure made by the seller. ... (a) A purchaser, at any time and without paying penalties or charges of any kind, is entitled to convert the purchaser's interest in property under ... (a) A purchaser under an executory contract, on written request, is entitled to receive the following information from the seller: (1) as of the date ... (a) Except as provided by Subsection (c), in addition to other rights or remedies provided by law, the purchaser may cancel and rescind an executory ... If a seller is liable to a purchaser under this subchapter, the purchaser, without taking judicial action, may deduct the amount owed to the purchaser ... (a) A potential seller may not execute an executory contract with a potential purchaser if the seller does not own the property in fee simple ... (a) A person who mails to the owner of a mineral or royalty interest an offer to purchase only the mineral or royalty interest, it ... Last modified: August 10, 2007 |