Sec. 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 transfer real property or an interest in real property, including an ambiguity or error that relates to the description of or extent of the interest conveyed.
(b) A correction instrument may not correct an ambiguity or error in a recorded original instrument of conveyance to transfer real property or an interest in real property not originally conveyed in the instrument of conveyance for purposes of a sale of real property under a power of sale under Chapter 51 unless the conveyance otherwise complies with all requirements of Chapter 51.
(c) A correction instrument is subject to Section 13.001.
Added by Acts 2011, 82nd Leg., R.S., Ch. 194 (S.B. 1496), Sec. 1, eff. September 1, 2011.
Notes of Decisions
Tanya L. McCabe Trust v. Ranger Energy LLC, 531 S.W.3d 783 (Tex. App.—Houston [1st Dist.] 2016).
· cites it 6× “Laws 747 , 748 (codified at TEX. PROP. CODE §§ 5.027–.031); see also Act of May 8, 2013, 83rd Leg.”
Broadway Nat'l Bank v. Yates Energy Corp., 631 S.W.3d 16 (Tex. 2021).
· cites it 3× “” See TEX. PROP. CODE §§ 5.027–.031 (providing for the use of correction instruments to remedy errors in real property conveyances).”
Concho Resources, Inc. v. Marsha Ellison, 627 S.W.3d 226 (Tex. 2021).
· cites it 2× “Unlike correction deeds, which are governed by Texas Property Code sections 5.027–.030, the boundary stipulation does 12 scuttle boundary agreements as a mechanism to avoid litigation” because parties will never know whether their informal settlement of a boundary dispute is…”
Concho Resources, Inc. v. Marsha Ellison, No. 19-0233 (Tex. Sept. 3, 2021).
· cites it 2× “Unlike correction deeds, which are governed by Texas Property Code sections 5.027–.030, the boundary stipulation does not purport to “replace[]” either the 1927 deed or the 1930 deed.”
Jay Cohen v. Tour Partners, LTD., No. 01-15-00705-CV (Tex. App.—Houston [1st Dist.] Apr. 27, 2017).
“See TEX. PROP. CODE §§ 5.027–.030. A relation-back argument that was never articulated by any party or briefed on appeal cannot insulate the trial court’s erroneous judgment from reversal.”
AIC Mgmt. Co. v. AT&T Mobility, LLC, No. 01-16-00896-CV, 2018 WL 1189865 (Tex. App.—Houston [1st Dist.] Mar. 8, 2018).
“See TEX. PROP. CODE ANN. § 5.027. Section 5.028, governing “nonmaterial” corrections, provides: (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 correction instrument to make a…”
Diana Gordon Offord v. April Carson, No. 01-19-00815-CV, 2021 WL 3358023 (Tex. App.—Houston [1st Dist.] Aug. 3, 2021).
“Offord argues, on the other hand, that correction of a name to avoid an ambiguity is an immaterial change under Property Code section 5.028. The Property Code authorizes the correction of an ambiguity or error in a recorded original instrument of conveyance to transfer real…”
Yates Energy Corp. v. Broadway Nat'l Bank, No. 04-17-00310-CV (Tex. App.—San Antonio Aug. 3, 2022).
“See TEX. PROP. CODE ANN. § 5.027(a) (valid correction instrument “may correct an ambiguity or error in a recorded original instrument of conveyance .”
Fugedi v. Initram, No. 21-40365 (5th Cir. Aug. 29, 2022).
“6 The court then decided that the corrected deed purported to correct a material—rather than nonmaterial—change because it attempted to substitute grantees.”
Tex. Prop. Code § 5.027(a): 7 cases
Concho Resources, Inc. v. Marsha Ellison, 627 S.W.3d 226 (Tex. 2021).
“Unlike correction deeds, which are governed by Texas Property Code sections 5.027–.030, the boundary stipulation does 12 scuttle boundary agreements as a mechanism to avoid litigation” because parties will never know whether their informal settlement of a boundary dispute is…”
Tex. Prop. Code § 5.027(b): 1 case
Tex. Prop. Code § 5.027(h): 1 case
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.