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Texas Property Code - Chapter 5 Conveyances

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  • Texas Property Code Section 5.001 - Fee Simple
    (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 ...
  • Texas Property Code Section 5.002 - Failing As A Conveyance
    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 ...
  • Texas Property Code Section 5.003 - Partial Conveyance
    (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 ...
  • Texas Property Code Section 5.004 - Conveyance By Authorized Officer
    (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 ...
  • Texas Property Code Section 5.005 - Aliens
    An alien has the same real and personal property rights as a United States citizen. Acts 1983, 68th Leg., p. 3481, ch. 576, § 1, ...
  • Texas Property Code Section 5.006 - Attorney's Fees In Breach Of Restrictive Covenant Action
    (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 ...
  • Texas Property Code Section 5.007 - Vendor And Purchaser Risk Act
    (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 ...
  • Texas Property Code Section 5.008 - Seller's Disclosure Of Property Condition
    (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 ...
  • Texas Property Code Section 5.009 - Duties Of Life Tenant
    (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 ...
  • Texas Property Code Section 5.010 - Notice Of Additional Tax Liability
    (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 ...
  • Texas Property Code Section 5.011 - Seller's Disclosure Regarding Potential Annexation
    (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 ...
  • Texas Property Code Section 5.012 - Notice Of Obligations Related To Membership In Property Owners' Association
    (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 ...
  • Texas Property Code Section 5.013 - Seller's Disclosure Of Location Of Conditions Under Surface Of Unimproved Real Property
    (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 ...
  • Texas Property Code Section 5.014 - Prohibited Fees
    Text of section as added by Acts 2005, 79th Leg., ch. 825, § 14, effective September 1, 2005 A person who has a right ...
  • Texas Property Code Section 5.014 - Notice Of Obligations Related To Public Improvement District
    Text of section as added by Acts 2005, 79th Leg., ch. 1085, § 1, effective January 1, 2006 (a) A seller of residential real ...
  • Texas Property Code Section 5.021 - Instrument Of Conveyance
    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 ...
  • Texas Property Code Section 5.022 - Form
    (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 ...
  • Texas Property Code Section 5.023 - Implied Covenants
    (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 ...
  • Texas Property Code Section 5.024 - Encumbrances
    "Encumbrance" includes a tax, an assessment, and a lien on real property. Acts 1983, 68th Leg., p. 3482, ch. 576, § 1, eff. Jan. 1, ...
  • Texas Property Code Section 5.025 - Wood Shingle Roof
    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 ...
  • Texas Property Code Section 5.026 - Discriminatory Provisions
    (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 ...
  • Texas Property Code Section 5.041 - Future Estates
    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 ...
  • Texas Property Code Section 5.042 - Abolition Of Common-Law Rules
    (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, ...
  • Texas Property Code Section 5.043 - Reformation Of Interests Violating Rule Against Perpetuities
    (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 ...
  • Texas Property Code Section 5.061 - Definition
    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 ...
  • Texas Property Code Section 5.062 - Applicability
    (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 ...
  • Texas Property Code Section 5.0621 - Construction With Other Law
    (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 ...
  • Texas Property Code Section 5.063 - Notice
    (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 ...
  • Texas Property Code Section 5.064 - Seller's Remedies On Default
    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 ...
  • Texas Property Code Section 5.065 - Right To Cure Default
    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 ...
  • Texas Property Code Section 5.066 - Equity Protection; Sale Of Property
    (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 ...
  • Texas Property Code Section 5.067 - Placement Of Lien For Utility Service
    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 ...
  • Texas Property Code Section 5.068 - Foreign Language Requirement
    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 ...
  • Texas Property Code Section 5.069 - Seller's Disclosure Of Property Condition
    (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 ...
  • Texas Property Code Section 5.070 - Seller's Disclosure Of Tax Payments And Insurance Coverage
    (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 ...
  • Texas Property Code Section 5.071 - Seller's Disclosure Of Financing Terms
    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 ...
  • Texas Property Code Section 5.072 - Oral Agreements Prohibited
    (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 ...
  • Texas Property Code Section 5.073 - Contract Terms, Certain Waivers Prohibited
    (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 ...
  • Texas Property Code Section 5.074 - Purchaser's Right To Cancel Contract Without Cause
    (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 ...
  • Texas Property Code Section 5.075 - Purchaser's Right To Pledge Interest In Property On Contracts Entered Into Before September 1, 2001
    (a) On an executory contract entered into before September 1, 2001 , a purchaser may pledge the interest in the property, which accrues pursuant to ...
  • Texas Property Code Section 5.076 - Recording Requirements
    (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 ...
  • Texas Property Code Section 5.077 - Annual Accounting Statement
    (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 ...
  • Texas Property Code Section 5.078 - Disposition Of Insurance Proceeds
    (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 ...
  • Texas Property Code Section 5.079 - Title Transfer
    (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 ...
  • Texas Property Code Section 5.080 - Liability For Disclosures
    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. ...
  • Texas Property Code Section 5.081 - Right To Convert Contract
    (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 ...
  • Texas Property Code Section 5.082 - Request For Balance And Trustee
    (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 ...
  • Texas Property Code Section 5.083 - Right To Cancel Contract For Improper Platting
    (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 ...
  • Texas Property Code Section 5.084 - Right To Deduct
    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 ...
  • Texas Property Code Section 5.085 - Fee Simple Title Required; Maintenance Of Fee Simple Title
    (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 ...
  • Texas Property Code Section 5.151 - Disclosure In Offer To Purchase Mineral Interest
    (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