Sec. 12.001. INSTRUMENTS CONCERNING PROPERTY. (a) An instrument concerning real or personal property may be recorded if it has been acknowledged, sworn to with a proper jurat, or proved according to law.
(b) An instrument conveying real property may not be recorded unless:
(1) it is signed and acknowledged or sworn to by the grantor in the presence of two or more credible subscribing witnesses or acknowledged or sworn to before and certified by an officer authorized to take acknowledgements or oaths, as applicable; and
(2) any individual presenting the instrument in person for recording presents a photo identification to the county clerk as required by Section 191.010, Local Government Code.
(c) This section does not require the acknowledgement or swearing or prohibit the recording of a financing statement, a security agreement filed as a financing statement, or a continuation statement filed for record under the Business & Commerce Code.
(d) The failure of a notary public to attach an official seal to an acknowledgment, a jurat, or other proof taken outside this state but inside the United States or its territories renders the acknowledgment, jurat, or other proof invalid only if the jurisdiction in which the acknowledgment, jurat, or other proof is taken requires the notary public to attach the seal.
Acts 1983, 68th Leg., p. 3489, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1989, 71st Leg., ch. 162, Sec. 2, eff. Sept. 1, 1989; Acts 1995, 74th Leg., ch. 603, Sec. 2, eff. June 14, 1995.
Amended by:
Acts 2025, 89th Leg., 2nd C.S., Ch. 16 (S.B. 16), Sec. 11, eff. December 4, 2025.
Notes of Decisions
Sanchez v. Telles, 960 S.W.2d 762 (Tex. App.—El Paso 1997).
· cites it 2× “Tex. PROP.Code Ann. § 12.001 (b)(Vernon 1984 and Supp.”
Apex Fin. Corp. v. Garza, 155 S.W.3d 230 (Tex. App.—Dallas 2004).
“Tex. PROp.Code Ann. § 12.001(a). However, an unrecorded instrument is void only as against a bona fide purchaser without notice.”
Ayers v. Aurora Loan Servs., LLC, 787 F. Supp. 2d 451 (E.D. Tex. 2011).
“Violation of Property Code Part K of the amended complaint accuses Aurora of violating Texas Property Code §§ 12.001 and 51.002.”
Onwuteaka v. Cohen, 846 S.W.2d 889 (Tex. App.—Houston [1st Dist.] 1993).
“The evidence supports the conclusion that the effective date of the appointment was the date it was signed, December 12, 1989. We overrule point of error four.”
Nat. Gas Pipeline Co. of Am. v. Law, 65 S.W.3d 121 (Tex. App.—Amarillo 2001).
“” Also, they agreed that the trustee would be paid two percent of the gross royalties “beginning with the year 1979” for his services.”
Vanderbilt Mortg. & Fin., Inc. v. Flores, 747 F. Supp. 2d 794 (S.D. Tex. 2010).
“Corpus-Christi, 2002) (citing Tex. Prop.Code § 12.001(b)). When a transaction is "not subscribed to by witnesses or acknowledged by a notary public at the time it was drafted," it is "incapable of being properly recorded [and] would be invalid against a creditor or subsequent…”
In re Anloc, LLC, 487 B.R. 825 (Bankr. S.D. Tex. 2013).
“9 If “subscribed” is not defined as “signed and acknowledged,” there is an argument that Texas Property Code § 5.021 does not require an acknowledgement for a proper conveyance.”
Pearson v. Wicker, 746 S.W.2d 322 (Tex. App.—Austin 1988).
“Tex.Prop.Code Ann. § 12.001(a)(1984). The joint venture agreement is acknowledged and we conclude it is an instrument concerning real property.”
Tex. Prop. Code § 12.001(a): 4 cases
Apex Fin. Corp. v. Garza, 155 S.W.3d 230 (Tex. App.—Dallas 2004).
“Tex. PROp.Code Ann. § 12.001(a). However, an unrecorded instrument is void only as against a bona fide purchaser without notice.”
Tex. Prop. Code § 12.001(a)(1984): 1 case
Pearson v. Wicker, 746 S.W.2d 322 (Tex. App.—Austin 1988).
“Tex.Prop.Code Ann. § 12.001(a)(1984). The joint venture agreement is acknowledged and we conclude it is an instrument concerning real property.”
Tex. Prop. Code § 12.001(b): 6 cases
Sanchez v. Telles, 960 S.W.2d 762 (Tex. App.—El Paso 1997).
“Tex. PROP.Code Ann. § 12.001 (b)(Vernon 1984 and Supp.”
Vanderbilt Mortg. & Fin., Inc. v. Flores, 747 F. Supp. 2d 794 (S.D. Tex. 2010).
“Corpus-Christi, 2002) (citing Tex. Prop.Code § 12.001(b)). When a transaction is "not subscribed to by witnesses or acknowledged by a notary public at the time it was drafted," it is "incapable of being properly recorded [and] would be invalid against a creditor or subsequent…”
In re Anloc, LLC, 487 B.R. 825 (Bankr. S.D. Tex. 2013).
“9 If “subscribed” is not defined as “signed and acknowledged,” there is an argument that Texas Property Code § 5.021 does not require an acknowledgement for a proper conveyance.”
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