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
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.”
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.”
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.”
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
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
— 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 (Tex. App. 2020).
— Tex. Prop. Code § 5.029(b) — 6 cases
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
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
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