Texas Codes
Tex. Prop. Code § 5.029 (2026)
Correction Instruments: Material Corrections
✓ laws through the 89th Legislature (2025)
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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 v. Ranger Energy LLC, 531 S.W.3d 783 (Tex. App.—Houston [1st Dist.] 2016).
Tanya L. McCabe Trust v. Ranger Energy LLC, 531 S.W.3d 783 (Tex. App.—Houston [1st Dist.] 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 v. Michael Zimprich, 559 S.W.3d 223 (Tex. App.—El Paso 2018). “TEX.PROP.CODE ANN. § 5.029(a)(1)(C), (a)(2).”
Broadway Nat'l Bank v. Yates Energy Corp., 631 S.W.3d 16 (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.”
Yates Energy Corp. v. Broadway Nat'l Bank, No. 04-17-00310-CV (Tex. App.—San Antonio Dec. 19, 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, No. 01-16-00896-CV, 2018 WL 1189865 (Tex. App.—Houston [1st Dist.] Mar. 8, 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 v. Yates Energy Corp., 631 S.W.3d 16 (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.”
Andrew Morris v. Carrie Cecelia Veilleux, No. 03-20-00385-CV, 2021 WL 4341967 (Tex. App.—Austin Sept. 24, 2021). “” 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. v. William Edward Winfree, No. 09-20-00173-CV (Tex. App.—Beaumont Aug. 4, 2022). “]” 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. v. Broadway Nat'l Bank, No. 04-17-00310-CV (Tex. App.—San Antonio Aug. 3, 2022). “at 148 ; see also TEX. PROP. CODE ANN. § 5.029. The Texas Supreme Court disagreed, holding that “section 5.”
Esquivel v. Fudge, No. 3:22-cv-00556 (N.D. Tex. Aug. 31, 2023). “(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 v. Ranger Energy LLC, No. 01-15-00044-CV (Tex. App.—Houston [1st Dist.] Dec. 22, 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 v. Michael Zimprich, No. 08-15-00327-CV (Tex. App.—El Paso Aug. 14, 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. v. Broadway Nat'l Bank, No. 04-17-00310-CV (Tex. App.—San Antonio Dec. 19, 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, No. 01-16-00896-CV, 2018 WL 1189865 (Tex. App.—Houston [1st Dist.] Mar. 8, 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.”
Jean Slack Lockhart v. Chisos Minerals, LLC, 621 S.W.3d 89 (Tex. App.—El Paso 2021).
Broadway Nat'l Bank v. Yates Energy Corp., 631 S.W.3d 16 (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 v. Yates Energy Corp., 631 S.W.3d 16 (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 v. Ranger Energy LLC, 531 S.W.3d 783 (Tex. App.—Houston [1st Dist.] 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 v. Michael Zimprich, 559 S.W.3d 223 (Tex. App.—El Paso 2018). “TEX.PROP.CODE ANN. § 5.029(a)(1)(C), (a)(2).”
Tanya L. McCabe Trust v. Ranger Energy LLC, No. 01-15-00044-CV (Tex. App.—Houston [1st Dist.] Dec. 22, 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
Kenneth R. Lyle & Linda L. Morrison, Individually & as Tr. of the Ruth Mary Locke Bard Trust v. Midway Solar, LLC, Gary D. Drgac, Glen v. Duston, Sooner Nation Royalties, LLC, Jan C. Ice, Joanne L. Marren as Tr. of the Joanne L. Marren Declaration Trust, Carol D. Sweeney, Ralph H. Perry, III, Stephen W. Miller & Susan Madeley Stevenson, 618 S.W.3d 857 (Tex. App.—El Paso 2020).
Tex. Prop. Code § 5.029(b): 6 cases
Yates Energy Corp. v. Broadway Nat'l Bank, No. 04-17-00310-CV (Tex. App.—San Antonio Dec. 19, 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 v. Yates Energy Corp., 631 S.W.3d 16 (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 v. Yates Energy Corp., 631 S.W.3d 16 (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.”
Diana Gordon Offord v. April Carson, No. 01-19-00815-CV, 2021 WL 3358023 (Tex. App.—Houston [1st Dist.] Aug. 3, 2021).
Yates Energy Corp. v. Broadway Nat'l Bank, No. 04-17-00310-CV (Tex. App.—San Antonio Aug. 3, 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, No. 01-16-00896-CV, 2018 WL 1189865 (Tex. App.—Houston [1st Dist.] Mar. 8, 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 v. Yates Energy Corp., 631 S.W.3d 16 (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 v. Yates Energy Corp., 631 S.W.3d 16 (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. v. Broadway Nat'l Bank, No. 04-17-00310-CV (Tex. App.—San Antonio Dec. 19, 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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