Texas Property Code Title 2, Chapter 5 - Conveyances

SUBCHAPTER A GENERAL PROVISIONS

• Texas 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 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 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 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 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, Sec. 1,...
• Texas 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 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 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 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 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 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 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 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 Section 5.014 - Notice Of Obligations Related To Public Improvement District
  (a) A seller of residential real property that is located in a public improvement district established under Subchapter A, Chapter 372, Local Government Code, or...
• Texas Section 5.015 - Prohibited Fees
  A person who has a right of first refusal in real property that is a condominium subject to Chapter 81 or Chapter 82 may not...
• Texas Section 5.016 - Conveyance Of Residential Property Encumbered By Lien
  (a) A person may not convey an interest in or enter into a contract to convey an interest in residential real property that will be...
• Texas Section 5.018 - Disclosure Of Absence Of Certain Warranties
  (a) A seller of residential real property that is exempt from Title 16 under Section 401.005 shall give to the purchaser of the property a...

SUBCHAPTER B FORM AND CONSTRUCTION OF INSTRUMENTS

• Texas Section 5.019 - Notice Of Water Level Fluctuations
  (a) This section applies only to the sale of residential or commercial real property adjoining an impoundment of water, including a reservoir or lake, constructed...
• Texas 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 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 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 Section 5.024 - Encumbrances
  "Encumbrance" includes a tax, an assessment, and a lien on real property. Acts 1983, 68th Leg., p. 3482, ch. 576, Sec. 1, eff. Jan. 1,
• Texas 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 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 Section 5.027 - Correction Instruments: Generally
  (a) A correction instrument that complies with Section 5.028 or 5.029 may correct an ambiguity or error in a recorded original instrument of conveyance to...
• Texas Section 5.028 - Correction Instruments: Nonmaterial Corrections
  (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...
• Texas Section 5.029 - Correction Instruments: Material Corrections
  (a) In addition to nonmaterial corrections, including the corrections described by Section 5.028, the parties to the original transaction or the parties' heirs, successors, or...
• Texas Section 5.030 - Correction Instrument: Effect
  (a) A correction instrument that complies with Section 5.028 or 5.029 is: (1) effective as of the effective date of the recorded original instrument of...

SUBCHAPTER C FUTURE ESTATES

• Texas Section 5.031 - Correction Instruments Recorded Before September 1, 2011
  A correction instrument recorded before September 1, 2011, that substantially complies with Section 5.028 or 5.029 and that purports to correct a recorded original instrument...
• Texas 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 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,...

SUBCHAPTER D EXECUTORY CONTRACT FOR CONVEYANCE

• Texas 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 Section 5.079 - Title Transfer
  (a) A recorded executory contract shall be the same as a deed with a vendor's lien. The vendor's lien is for the amount of the...
• Texas 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 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 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 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 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...

SUBCHAPTER F REQUIREMENTS FOR CONVEYANCES OF MINERAL OR ROYALTY INTERESTS

• Texas 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...

SUBCHAPTER G CERTAIN PRIVATE TRANSFER FEES PROHIBITED; PRESERVATION OF PRIVATE REAL PROPERTY RIGHTS

• Texas 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...
• Texas Section 5.201 - Definitions
  In this subchapter: (1) "Encumbered property" means all property, including the property of a subsequent purchaser, subject to the same private transfer fee obligation. (2)...
• Texas Section 5.202 - Certain Private Transfer Fee Obligations Void
  (a) Except as provided by this subchapter, a private transfer fee obligation created on or after the effective date of this subchapter is not binding...
• Texas Section 5.203 - Notice Requirements For Continuation Of Existing Private Transfer Fee Obligations
  (a) A person who receives a private transfer fee under a private transfer fee obligation created before the effective date of this subchapter must, on...
• Texas Section 5.204 - Additional Compliance Requirement: Timely Acceptance Of Fees Paid Under Existing Private Transfer Fee Obligations
  (a) The payee of record on the date a private transfer fee is paid under a private transfer fee obligation subject to Section 5.203 must...
• Texas Section 5.205 - Disclosure Of Existing Transfer Fee Obligation Required In Contract For Sale
  A seller of real property that may be subject to a private transfer fee obligation shall provide written notice to a potential purchaser stating that...
• Texas Section 5.206 - Waiver Void
  A provision that purports to waive a purchaser's rights under this subchapter is void. Added by Acts 2011, 82nd Leg., R.S., Ch. 211 (H.B. 8),...
• Texas Section 5.207 - Injunctive Or Declaratory Relief; Providing Penalties
  (a) The attorney general may institute an action for injunctive or declaratory relief to restrain a violation of this subchapter. (b) In addition to instituting...

Last modified: September 28, 2016