Texas Codes

Tex. Prop. Code § 5.029 (2026)

Correction Instruments: Material Corrections

✓ current as of May 2026
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Sec. 5.029. CORRECTION INSTRUMENTS: MATERIAL CORRECTIONS. (a) In addition to nonmaterial corrections, including the corrections described by Section 5.028, the parties to the original transaction or the parties' heirs, successors, or assigns, as applicable may execute a correction instrument to make a material correction to the recorded original instrument of conveyance, including a correction to:

(1) add:

(A) a buyer's disclaimer of an interest in the real property that is the subject of the original instrument of conveyance;

(B) a mortgagee's consent or subordination to a recorded document executed by the mortgagee or an heir, successor, or assign of the mortgagee; or

(C) land to a conveyance that correctly conveys other land;

(2) remove land from a conveyance that correctly conveys other land; or

(3) accurately identify a lot or unit number or letter of property owned by the grantor that was inaccurately identified as another lot or unit number or letter of property owned by the grantor in the recorded original instrument of conveyance.

(b) A correction instrument under this section must be:

(1) executed by each party to the recorded original instrument of conveyance the correction instrument is executed to correct or, if applicable, a party's heirs, successors, or assigns; and

(2) recorded in each county in which the original instrument of conveyance that is being corrected is recorded.

Added by Acts 2011, 82nd Leg., R.S., Ch. 194 (S.B. 1496), Sec. 1, eff. September 1, 2011.

Notes of Decisions
Cited in 18 cases (11 in the last 5 years), 2016–2023 · leading case: Tanya L. McCabe Trust, McCabe Fam. Trust, & the Rochford Living Trust v. Ranger Energy LLC, 531 S.W.3d 783 (Tex. App. 2016).
Tanya L. McCabe Trust, McCabe Fam. Trust, & the Rochford Living Trust v. Ranger Energy LLC, 531 S.W.3d 783 (Tex. App. 2016). · cites it 4× “TEX. PROP. CODE § 5.029. Because the 2013 revised deed of trust and mortgage did not satisfy the correction statute, at the time of the foreclosure sale the only recorded security interest enforceable against the Trusts was the mortgage executed and recorded in 2008, which did…”
Juan Heredia & Flor Flores v. Michael Zimprich, 559 S.W.3d 223 (Tex. App. 2018). “TEX.PROP.CODE ANN. § 5.029(a)(1)(C), (a)(2).”
Broadway Nat'l Bank, Tr. of the Mary Frances Evers Trust v. Yates Energy Corp., Eog Resources, Inc., Jalapeno Corp., Acg3 Mineral Interests, Ltd., Glassell Non-Operated Interests, Ltd., & Curry Glassell (Tex. 2021). · cites it 5× “See TEX. PROP. CODE § 5.029. To be effective, the instrument correcting the error must be executed by each party to the original instrument “or, if applicable, a party’s heirs, successors, or assigns.”
Yates Energy Corp., EOG Resources, Inc., Jalapeno Corp., ACG3 Mineral Interests, Ltd., Glassell Non-Operated Interests, Ltd., & Curry Glassell v. Broadway Nat'l Bank, Tr. of the Mary Frances Evers Trust (Tex. App. 2018). · cites it 4× “Subparagraph (b) provides instructions on how the correction instrument must be executed and recorded: A correction instrument under this section must be .”
AIC Mgmt. Co. v. AT&T Mobility, LLC & Reddy Greensbrook, LTD., Arete Real Est. & Dev., & Muduganti Reddy (Tex. App. 2018). · cites it 3× “At a 4 See TEX. PROP. CODE ANN. § 5.029 (West 2014) 9 subsequent hearing, counsel for Greensbrook testified regarding its attorney’s fees as to AIC’s declaratory judgment claim.”
Broadway Nat'l Bank, Tr. of the Mary Frances Evers Trust v. Yates Energy Corp., Eog Resources, Inc., Jalapeno Corp., Acg3 Mineral Interests, Ltd., Glassell Non-Operated Interests, Ltd., & Curry Glassell (Tex. 2021). · cites it 3× “TEX. PROP. CODE § 5.029(a). Thus, the Legislature did not conclude that original parties can best correct errors; if it had, it would not have mentioned the parties’ heirs, successors, or assigns.”
Andrew Morris v. Carrie Cecelia Veilleux (Tex. App. 2021). · cites it 2× “” The court relied on Texas Property Code section 5.029, which provides that a correction instrument must be “executed by each party to the recorded original instrument of conveyance the correction instrument is executed to correct.”
Gene Davis Sand & Materials, Inc., Virgil Gene Davis, Cary B. Dean, & Jason R. Stevenson v. William Edward Winfree (Tex. App. 2022). · cites it 2× “]” Tex. Prop. Code Ann. § 5.029 (a)(1)(C). While there may have been changes to only 2 of the 8 calls used in the property description, the changes push the northern boundary across the pipeline right-of-way which was used as a landmark on the northeast boundary of the Property…”
Yates Energy Corp., EOG Resources, Inc., Jalapeno Corp., ACG3 Mineral Interests, Ltd., Glassell Non-Operated Interests, Ltd., & Curry Glassell v. Broadway Nat'l Bank, Tr. of the Mary Frances Evers Trust (Tex. App. 2022). · cites it 2× “at 148 ; see also TEX. PROP. CODE ANN. § 5.029. The Texas Supreme Court disagreed, holding that “section 5.”
Esquivel v. Fudge (N.D. Tex. 2023). · cites it 2× “(citing Tex. Prop. Code Ann. § 5.029 ). Although that statute does not expressly contemplate a change in the grantee identity, it employs the term “including,” before its enumerated list material corrections.”
Tanya L. McCabe Trust, McCabe Fam. Trust, & the Rochford Living Trust v. Ranger Energy LLC (Tex. App. 2016). “” See TEX. PROP. CODE ANN. § 5.029(a)(1)(C). Instead, I agree with Ranger that the revisions in the correction instruments added the McShane Fee and Brice Leases to the legal description of the Saratoga Leases, the property interest conveyed by Tomco to Mark III in 2008 and…”
Juan Heredia & Flor Flores v. Michael Zimprich (Tex. App. 2018). “See TEX.PROP. CODE ANN. § 5.029. To remove property from one side of the chain and add it to the other, Zimprich relies on two correction warranty deeds purportedly signed on October 3, 2007, from Martinez to Aleman 15 and Martinez to Betts, which are the original transactions…”
— Tex. Prop. Code § 5.029(a) — 5 cases
Yates Energy Corp., EOG Resources, Inc., Jalapeno Corp., ACG3 Mineral Interests, Ltd., Glassell Non-Operated Interests, Ltd., & Curry Glassell v. Broadway Nat'l Bank, Tr. of the Mary Frances Evers Trust (Tex. App. 2018). “Subparagraph (b) provides instructions on how the correction instrument must be executed and recorded: A correction instrument under this section must be .”
AIC Mgmt. Co. v. AT&T Mobility, LLC & Reddy Greensbrook, LTD., Arete Real Est. & Dev., & Muduganti Reddy (Tex. App. 2018). “At a 4 See TEX. PROP. CODE ANN. § 5.029 (West 2014) 9 subsequent hearing, counsel for Greensbrook testified regarding its attorney’s fees as to AIC’s declaratory judgment claim.”
Broadway Nat'l Bank, Tr. of the Mary Frances Evers Trust v. Yates Energy Corp., Eog Resources, Inc., Jalapeno Corp., Acg3 Mineral Interests, Ltd., Glassell Non-Operated Interests, Ltd., & Curry Glassell (Tex. 2021). “See TEX. PROP. CODE § 5.029. To be effective, the instrument correcting the error must be executed by each party to the original instrument “or, if applicable, a party’s heirs, successors, or assigns.”
Broadway Nat'l Bank, Tr. of the Mary Frances Evers Trust v. Yates Energy Corp., Eog Resources, Inc., Jalapeno Corp., Acg3 Mineral Interests, Ltd., Glassell Non-Operated Interests, Ltd., & Curry Glassell (Tex. 2021). “TEX. PROP. CODE § 5.029(a). Thus, the Legislature did not conclude that original parties can best correct errors; if it had, it would not have mentioned the parties’ heirs, successors, or assigns.”
— Tex. Prop. Code § 5.029(a)(1)(C) — 3 cases
Tanya L. McCabe Trust, McCabe Fam. Trust, & the Rochford Living Trust v. Ranger Energy LLC, 531 S.W.3d 783 (Tex. App. 2016). “TEX. PROP. CODE § 5.029. Because the 2013 revised deed of trust and mortgage did not satisfy the correction statute, at the time of the foreclosure sale the only recorded security interest enforceable against the Trusts was the mortgage executed and recorded in 2008, which did…”
Juan Heredia & Flor Flores v. Michael Zimprich, 559 S.W.3d 223 (Tex. App. 2018). “TEX.PROP.CODE ANN. § 5.029(a)(1)(C), (a)(2).”
Tanya L. McCabe Trust, McCabe Fam. Trust, & the Rochford Living Trust v. Ranger Energy LLC (Tex. App. 2016). “” See TEX. PROP. CODE ANN. § 5.029(a)(1)(C). Instead, I agree with Ranger that the revisions in the correction instruments added the McShane Fee and Brice Leases to the legal description of the Saratoga Leases, the property interest conveyed by Tomco to Mark III in 2008 and…”
— Tex. Prop. Code § 5.029(a)(2) — 1 case
— Tex. Prop. Code § 5.029(b) — 6 cases
Yates Energy Corp., EOG Resources, Inc., Jalapeno Corp., ACG3 Mineral Interests, Ltd., Glassell Non-Operated Interests, Ltd., & Curry Glassell v. Broadway Nat'l Bank, Tr. of the Mary Frances Evers Trust (Tex. App. 2018). “Subparagraph (b) provides instructions on how the correction instrument must be executed and recorded: A correction instrument under this section must be .”
Broadway Nat'l Bank, Tr. of the Mary Frances Evers Trust v. Yates Energy Corp., Eog Resources, Inc., Jalapeno Corp., Acg3 Mineral Interests, Ltd., Glassell Non-Operated Interests, Ltd., & Curry Glassell (Tex. 2021). “See TEX. PROP. CODE § 5.029. To be effective, the instrument correcting the error must be executed by each party to the original instrument “or, if applicable, a party’s heirs, successors, or assigns.”
Broadway Nat'l Bank, Tr. of the Mary Frances Evers Trust v. Yates Energy Corp., Eog Resources, Inc., Jalapeno Corp., Acg3 Mineral Interests, Ltd., Glassell Non-Operated Interests, Ltd., & Curry Glassell (Tex. 2021). “TEX. PROP. CODE § 5.029(a). Thus, the Legislature did not conclude that original parties can best correct errors; if it had, it would not have mentioned the parties’ heirs, successors, or assigns.”
Yates Energy Corp., EOG Resources, Inc., Jalapeno Corp., ACG3 Mineral Interests, Ltd., Glassell Non-Operated Interests, Ltd., & Curry Glassell v. Broadway Nat'l Bank, Tr. of the Mary Frances Evers Trust (Tex. App. 2022). “at 148 ; see also TEX. PROP. CODE ANN. § 5.029. The Texas Supreme Court disagreed, holding that “section 5.”
— Tex. Prop. Code § 5.029(b)(1) — 3 cases
AIC Mgmt. Co. v. AT&T Mobility, LLC & Reddy Greensbrook, LTD., Arete Real Est. & Dev., & Muduganti Reddy (Tex. App. 2018). “At a 4 See TEX. PROP. CODE ANN. § 5.029 (West 2014) 9 subsequent hearing, counsel for Greensbrook testified regarding its attorney’s fees as to AIC’s declaratory judgment claim.”
Broadway Nat'l Bank, Tr. of the Mary Frances Evers Trust v. Yates Energy Corp., Eog Resources, Inc., Jalapeno Corp., Acg3 Mineral Interests, Ltd., Glassell Non-Operated Interests, Ltd., & Curry Glassell (Tex. 2021). “See TEX. PROP. CODE § 5.029. To be effective, the instrument correcting the error must be executed by each party to the original instrument “or, if applicable, a party’s heirs, successors, or assigns.”
Broadway Nat'l Bank, Tr. of the Mary Frances Evers Trust v. Yates Energy Corp., Eog Resources, Inc., Jalapeno Corp., Acg3 Mineral Interests, Ltd., Glassell Non-Operated Interests, Ltd., & Curry Glassell (Tex. 2021). “TEX. PROP. CODE § 5.029(a). Thus, the Legislature did not conclude that original parties can best correct errors; if it had, it would not have mentioned the parties’ heirs, successors, or assigns.”
— Tex. Prop. Code § 5.029(b)(2) — 1 case
Yates Energy Corp., EOG Resources, Inc., Jalapeno Corp., ACG3 Mineral Interests, Ltd., Glassell Non-Operated Interests, Ltd., & Curry Glassell v. Broadway Nat'l Bank, Tr. of the Mary Frances Evers Trust (Tex. App. 2018). “Subparagraph (b) provides instructions on how the correction instrument must be executed and recorded: A correction instrument under this section must be .”
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