Sec. 13.002. EFFECT OF RECORDED INSTRUMENT. An instrument that is properly recorded in the proper county is:
(1) notice to all persons of the existence of the instrument; and
(2) subject to inspection by the public.
Acts 1983, 68th Leg., p. 3495, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 2003, 78th Leg., ch. 715, Sec. 2, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 960, Sec. 2, eff. Sept. 1, 2003.
Notes of Decisions
Cited in
127
cases (
18 in the last 5 years), 1985–2026 · leading case:
Sani v. Powell, 153 S.W.3d 736 (Tex. App.—Dallas 2005).
Sani v. Powell, 153 S.W.3d 736 (Tex. App.—Dallas 2005).
· cites it 2× “See Tex. Prop.Code Ann. § 13.002 (Vernon 1984) (recording of instrument is notice to all persons of the instrument).”
Perryman v. Spart an Tex. Six Capital Partners, Ltd., 546 S.W.3d 110 (Tex. 2018).
“The Perrymans and EOG acknowledge that the deeds did not mention or expressly exclude the fractional royalty interests then owned by other parties, but they contend that the deeds' reference to the interests "now owned by Grantor" put the grantees on notice that the grantors did…”
Boyd v. Boyd, 131 S.W.3d 605 (Tex. App.—Fort Worth 2004).
“Tex. Prop.Code Ann. § 13.002 (Vernon 2004); Tex.”
Jones v. Fuller, 856 S.W.2d 597 (Tex. App.—Waco 1993).
· cites it 3× “Tex.PROP.Code Ann. § 13.002 (Vernon 1984); Tuggle v.”
Realty Portfolio, Inc. v. Hamilton, 125 F.3d 292 (5th Cir. 1997).
· cites it 2× “1981); Tex. Prop.Code Ann. § 13.002. The deed of trust to the Hamilton property was properly recorded in Harris County, Texas, in 1966.”
Bank of Am. v. Babu, 340 S.W.3d 917 (Tex. App.—Dallas 2011).
· cites it 2× “Tex. Prop.Code Ann. § 13.002 (West 2004); AMC Mortg.”
Jean v. Tyson-Jean, 118 S.W.3d 1 (Tex. App.—Houston [14th Dist.] 2003).
“Because tax bills went to Velva and Terrell, the assumptive warranty deed was recorded. An instrument that is properly recorded in the proper county is notice to all persons of the existence of the instrument.”
Am. Homeowner Pres. Fund, LP v. Pirkle, 475 S.W.3d 507 (Tex. App.—Fort Worth 2015).
· cites it 2× “at 451 (citing Tex. Prop.Code Ann. § 13.002). 11 As one commentator has observed, “The central purpose of law is to guide behavior.”
Oscar Leo Quintanilla v. Andrew Bradford West, 534 S.W.3d 34 (Tex. App.—San Antonio 2017).
“Dallas 1992, writ denied) (purpose of filing financing statément is to put third party on notice of potential lien or security agreement); see also Tex. Prop. Code Ann. § 13.002 (West 2014) (purpose of a recorded instrument is “notice to all persons of the existence of the…”
Tex. Prop. Code § 13.002(1): 15 cases
Am. Homeowner Pres. Fund, LP v. Pirkle, 475 S.W.3d 507 (Tex. App.—Fort Worth 2015).
“at 451 (citing Tex. Prop.Code Ann. § 13.002). 11 As one commentator has observed, “The central purpose of law is to guide behavior.”
Tex. Prop. Code § 13.002(a): 1 case
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