Texas Codes

Tex. Prop. Code § 12.001 (2026)

Instruments Concerning Property

✓ laws through the 89th Legislature (2025)
Find cases: SyfertCases citing this section TX-LEGstatutes.capitol.texas.gov Justiaon Justia CornellLII Search CasesGoogle Scholar

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
Cited in 15 cases (1 in the last 5 years), 1988–2025 · leading case: Dallas Cnty., Texas v. MERSCORP, Incorpora, 791 F.3d 545 (5th Cir. 2015).
Dallas Cnty., Texas v. MERSCORP, Incorpora, 791 F.3d 545 (5th Cir. 2015). · cites it 2× “See Tex. Prop.Code Ann. § 12.001(a). MERS has changed this recording practice for millions of mortgages.”
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.”
Reinagel v. Deutsche Bank Nat'l Trust Co., 722 F.3d 700 (5th Cir. 2013). “Tex. Prop.Code § 12.001(b). . Tex. Prop.Code § 13.”
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.”
Genesis Tax Loan Servs., Inc. v. Kothmann, 339 S.W.3d 104 (Tex. 2011). “Tex. Prop.Code § 12.001(a). 25 . Tex. Civ.”
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.”
Timothy Brooks v. Wells Fargo Bank, N.A., No. 05-16-00550-CV (Tex. App.—Dallas Apr. 28, 2017). “See TEX. PROP. CODE ANN. § 12.001(b) (West 2014).”
Tex. Prop. Code § 12.001(a): 4 cases
Dallas Cnty., Texas v. MERSCORP, Incorpora, 791 F.3d 545 (5th Cir. 2015). “See Tex. Prop.Code Ann. § 12.001(a). MERS has changed this recording practice for millions of mortgages.”
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.”
Genesis Tax Loan Servs., Inc. v. Kothmann, 339 S.W.3d 104 (Tex. 2011). “Tex. Prop.Code § 12.001(a). 25 . Tex. Civ.”
Whoa USA, Inc. v. Regan Props., LLC, No. 05-13-01412-CV, 2014 WL 6967852 (Tex. App.—Dallas Nov. 26, 2014).
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
Reinagel v. Deutsche Bank Nat'l Trust Co., 722 F.3d 700 (5th Cir. 2013). “Tex. Prop.Code § 12.001(b). . Tex. Prop.Code § 13.”
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.”
Timothy Brooks v. Wells Fargo Bank, N.A., No. 05-16-00550-CV (Tex. App.—Dallas Apr. 28, 2017). “See TEX. PROP. CODE ANN. § 12.001(b) (West 2014).”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.