Texas Codes
Tex. Prop. Code § 5.002 (2026)
Failing As A Conveyance
✓ current as of May 2026
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Sec. 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 whole or in part is enforceable to the extent permitted by law as a contract to convey the property or interest.
Acts 1983, 68th Leg., p. 3480, ch. 576, Sec. 1, eff. Jan. 1, 1984.
Notes of Decisions
Cited in 5
cases, 2010–2017 · leading case: Samson Expl., LLC (Formerly Samson Lone Star, L.P.) v. T.S. Reed Props., Inc., 521 S.W.3d 766 (Tex. 2017).
Samson Expl., LLC (Formerly Samson Lone Star, L.P.) v. T.S. Reed Props., Inc., 521 S.W.3d 766 (Tex. 2017). “Tex Prop. Code § 5.002 ("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 whole or in part is enforceable to the extent permitted by law as a contract to convey the property or…”
MASGAS v. Anderson, 310 S.W.3d 567 (Tex. App. 2010). “Masgas further claims that, even if the 1994 agreement is not a deed, then it is enforceable as a contract pursuant to Tex. Prop.Code Ann. § 5.002 (Vernon 2004).”
Dimock Operating Co., & Joe W. Dimock, D/B/A Dimock Petroleum v. Sutherland Energy Co., LLC (Tex. 2015). “.............50 TEX. PROP. CODE ANN. §12.”
Rex Smith & Nancy Smith v. Kelly Davis & Amber Davis (Tex. App. 2013). “See TEX. PROP. CODE ANN. § 5.002 (West 2004); see also 30 Tex.”
Jason Sparkman v. Benny L. Cunningham (Tex. App. 2012). “TEX. PROP. CODE ANN. § 5.002 (West 2004); Masgas, 310 S.”
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