reglab/housing_qa huggingface dataset:
TX Prop § 5.0142 (2021)
2021 Texas Statutes|Property Code|Title 2 - Conveyances|Chapter 5 - Conveyances|Subchapter A. General Provisions|Section 5.0142. Purchaser Signature Required

Sec. 5.0142.  PURCHASER SIGNATURE REQUIRED.  The purchaser shall sign the notice required by Section 5.014 or the purchase contract including the notice to evidence the receipt of notice.|Added by Acts 2021, 87th Leg., R.S., Ch. 253 (H.B. 1543), Sec. 4, eff. September 1, 2021.|
TX Prop § 5.0143 (2021)
2021 Texas Statutes|Property Code|Title 2 - Conveyances|Chapter 5 - Conveyances|Subchapter A. General Provisions|Section 5.0143. Recording of Notice at Closing

Sec. 5.0143.  RECORDING OF NOTICE AT CLOSING.  At the closing of purchase and sale, a separate copy of the notice required by Section 5.014 with current information shall be executed by the seller and purchaser, acknowledged, and recorded in the deed records of the county in which the property is located.|Added by Acts 2021, 87th Leg., R.S., Ch. 253 (H.B. 1543), Sec. 4, eff. September 1, 2021.|
TX Prop § 5.0144 (2021)
2021 Texas Statutes|Property Code|Title 2 - Conveyances|Chapter 5 - Conveyances|Subchapter A. General Provisions|Section 5.0144. Reliance on Filed Service Plan

Sec. 5.0144.  RELIANCE ON FILED SERVICE PLAN.  (a)  For the purposes of the notice required by Section 5.014, all sellers, title companies, real estate brokers, and examining attorneys, and any agent, representative, or person acting on their behalf, are entitled to rely on the accuracy of the service plan as last filed by each municipality or county under Section 372.013, Local Government Code, in completing the notice form to be executed by the seller and purchaser at the closing of purchase and sale.(b)  Any information taken from the service plan as last filed by the municipality or county and the information contained in or shown on the notice form contained in the service plan under Section 372.013, Local Government Code, not including information provided as to the assessments or annual installment amounts as authorized by Section 5.014(b), shall be, for purposes of the notice required by Section 5.014, conclusively presumed as a matter of law to be correct.(c)  All subsequent sellers, purchasers, title insurance companies, real estate brokers, examining attorneys, and lienholders are entitled to rely on the service plan filed by the municipality or county, including the notice form contained in the service plan, under Section 372.013, Local Government Code.(d)  If the notice required by Section 5.014 is given at closing as provided by Section 5.0141(c), a purchaser, or the purchaser's heirs, successors, or assigns, are not entitled to maintain an action for damages against a seller, title insurance company, real estate broker, or lienholder, or any agent, representative, or person acting on their behalf, because the seller:(1)  used the notice form included in the service plan filed by the municipality or county under Section 372.013, Local Government Code; or(2)  relied on the filed legal description of the public improvement district in determining whether the property is located in the district.(e)  No action may be maintained against any title company for failure to disclose the inclusion of the property in a public improvement district when the municipality or county has not filed the service plan under Section 372.013, Local Government Code, with the clerk of each county in which the district is located.(f)  All sellers, title insurance companies, examining attorneys, vendors of property and tax information, real estate brokers, and lienholders, and any agent, representative, or person acting on their behalf, are entitled to rely on the accuracy of:(1)  the service plan last filed by the municipality or county or the information in the notice form filed by the district under Section 372.013, Local Government Code; or(2)  for the purposes of the notice required by Section 5.014, the information in the service plan filed by the municipality or county in effect as of January 1 of each year for the period January 1 through December 31 of such calendar year.|Added by Acts 2021, 87th Leg., R.S., Ch. 253 (H.B. 1543), Sec. 4, eff. September 1, 2021.|
TX Prop § 5.015 (2021)
2021 Texas Statutes|Property Code|Title 2 - Conveyances|Chapter 5 - Conveyances|Subchapter A. General Provisions|Section 5.015. Prohibited Fees

Sec.  5.015.  PROHIBITED FEES.  A person who has a right of first refusal in real property that is a condominium subject to Chapter 81 or Chapter 82 may not charge a fee for declining to exercise that right, such as a fee for providing written evidence of the declination.|Added by Acts 2005, 79th Leg., Ch. 825 (S.B. 810), Sec. 14, eff. September 1, 2005.Renumbered from Property Code, Section 5.014 by Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 17.001(63), eff. September 1, 2007.|
TX Prop § 5.018 (2021)
2021 Texas Statutes|Property Code|Title 2 - Conveyances|Chapter 5 - Conveyances|Subchapter A. General Provisions|Section 5.018. Disclosure of Absence of Certain Warranties

Sec. 5.018.  DISCLOSURE OF ABSENCE OF CERTAIN WARRANTIES.  (a)  A seller of residential real property that is exempt from Title 16 under Section 401.005 shall give to the purchaser of the property a written notice that reads substantially similar to the following:NOTICE OF NONAPPLICABILITY OF CERTAIN WARRANTIESAND BUILDING AND PERFORMANCE STANDARDSThe property that is subject to this contract is exempt from Title 16, Property Code, including the provisions of that title that provide statutory warranties and building and performance standards.(b)  A notice required by this section shall be delivered by the seller to the purchaser on or before the effective date of an executory contract binding the purchaser to purchase the property.  If a contract is entered into without the seller providing the notice, the purchaser may terminate the contract for any reason on or before the seventh day after the date the purchaser receives the notice.(c)  This section does not apply to a transfer:(1)  under a court order or foreclosure sale;(2)  by a trustee in bankruptcy;(3)  to a mortgagee by a mortgagor or successor in interest or to a beneficiary of a deed of trust by a trustor or successor in interest;(4)  by a mortgagee or a beneficiary under a deed of trust who has acquired the land at a sale conducted under a power of sale under a deed of trust or a sale under a court-ordered foreclosure or has acquired the land by a deed in lieu of foreclosure;(5)  by a fiduciary in the course of the administration of a decedent's estate, guardianship, conservatorship, or trust;(6)  from one co-owner to another co-owner of an undivided interest in the real property;(7)  to a spouse or a person in the lineal line of consanguinity of the seller;(8)  to or from a governmental entity; or(9)  of only a mineral interest, leasehold interest, or security interest.|Added by Acts 2007, 80th Leg., R.S., Ch. 843 (H.B. 1038), Sec. 1, eff. September 1, 2007.Renumbered from Property Code, Section 5.016 by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 27.001(76), eff. September 1, 2009.|
TX Prop § 5.019 (2021)
2021 Texas Statutes|Property Code|Title 2 - Conveyances|Chapter 5 - Conveyances|Subchapter A. General Provisions|Section 5.019. Notice of Water Level Fluctuations

Sec. 5.019.  NOTICE OF WATER LEVEL FLUCTUATIONS.  (a)  This section applies only to the sale of residential or commercial real property adjoining an impoundment of water, including a reservoir or lake, constructed and maintained under Chapter 11, Water Code, that has a storage capacity of at least 5,000 acre-feet at the impoundment's normal operating level.(b)  A seller of real property shall give to the purchaser of the property a written notice in substantially the following form:NOTICE OF WATER LEVEL FLUCTUATIONSThe water level of the impoundment of water adjoining the property at ______________ (street address and city) or described as ______________ (legal description) fluctuates for various reasons, including as a result of:(1)  an entity lawfully exercising its right to use the water stored in the impoundment; or(2)  drought or flood conditions.(c)  The notice described by Subsection (b) shall be delivered by the seller to the purchaser on or before the effective date of an executory contract binding the purchaser to purchase the property.(d)  If a contract is entered into without the seller providing the notice within the period required by Subsection (c), the purchaser may terminate the contract for any reason within seven days after the date the purchaser receives:(1)  the notice described by Subsection (b) from the seller; or(2)  information described by the notice under Subsection (b) from any other person.(e)  After the date of the conveyance, the purchaser may bring an action for misrepresentation against the seller if the seller:(1)  failed to provide the notice before the date of the conveyance; and(2)  had actual knowledge that the water level described by Subsection (b) fluctuates for various reasons, including the reasons stated in Subsection (b). |Added by Acts 2015, 84th Leg., R.S., Ch. 926 (H.B. 1665), Sec. 1, eff. September 1, 2015.|
TX Prop § 5.020 (2021)
2021 Texas Statutes|Property Code|Title 2 - Conveyances|Chapter 5 - Conveyances|Subchapter A. General Provisions|Section 5.020. Easements Restricting Possession of Firearms or Alcoholic Beverages Prohibited

Sec. 5.020.  EASEMENTS RESTRICTING POSSESSION OF FIREARMS OR ALCOHOLIC BEVERAGES PROHIBITED.  (a)  In this section:(1)  "Alcoholic beverage" has the meaning assigned by Section 1.04, Alcoholic Beverage Code.(2)  "Firearm" has the meaning assigned by Section 46.01, Penal Code.  The term includes any firearm parts, firearm accessories, and firearm ammunition.(b)  This section does not apply to a right-of-way easement for a pipeline, electric transmission line, or other utility.(c)  An instrument granting an access easement may not restrict or prohibit an easement holder or an easement holder's guest from possessing, carrying, or transporting a firearm or an alcoholic beverage over the servient estate while using the easement for the easement's purpose.(d)  The owner of a servient estate may not enforce a restrictive covenant in an instrument granting an access easement over the servient estate that restricts or prohibits the easement holder or the easement holder's guest from possessing, carrying, or transporting a firearm or an alcoholic beverage over the servient estate while using the easement for the easement's purpose.|Added by Acts 2021, 87th Leg., R.S., Ch. 907 (H.B. 4346), Sec. 1, eff. September 1, 2021.|
TX Prop § 5.021 (2021)
2021 Texas Statutes|Property Code|Title 2 - Conveyances|Chapter 5 - Conveyances|Subchapter B. Form and Construction of Instruments|Section 5.021. Instrument of Conveyance

Sec. 5.021.  INSTRUMENT OF CONVEYANCE.  A conveyance of an estate of inheritance, a freehold, or an estate for more than one year, in land and tenements, must be in writing and must be subscribed and delivered by the conveyor or by the conveyor's agent authorized in writing.|Acts 1983, 68th Leg., p. 3481, ch. 576, Sec. 1, eff. Jan. 1, 1984.|
TX Prop § 5.022 (2021)
2021 Texas Statutes|Property Code|Title 2 - Conveyances|Chapter 5 - Conveyances|Subchapter B. Form and Construction of Instruments|Section 5.022. Form

Sec. 5.022.  FORM.  (a)  The following form or a form that is the same in substance conveys a fee simple estate in real property with a covenant of general warranty:"The State of Texas,"County of ____________________."Know all men by these presents, That I, __________________, of the __________________ (give name of city, town, or county), in the state aforesaid, for and in consideration of __________________ dollars, to me in hand paid by __________________, have granted, sold, and conveyed, and by these presents do grant, sell, and convey unto the said __________________, of the __________________ (give name of city, town, or county), in the state of __________________, all that certain __________________ (describe the premises).  To have and to hold the above described premises, together with all and singular the rights and appurtenances thereto in any wise belonging, unto the said __________________, his heirs or assigns forever.  And I do hereby bind myself, my heirs, executors, and administrators to warrant and forever defend all and singular the said premises unto the said __________________, his heirs, and assigns, against every person whomsoever, lawfully claiming or to claim the same, or any part thereof."Witness my hand, this __________________ day of __________________, A.D. 19___."Signed and delivered in the presence of ____________________"(b)  A covenant of warranty is not required in a conveyance.(c)  The parties to a conveyance may insert any clause or use any form not in contravention of law.|Acts 1983, 68th Leg., p. 3481, ch. 576, Sec. 1, eff. Jan. 1, 1984.|
TX Prop § 5.023 (2021)
2021 Texas Statutes|Property Code|Title 2 - Conveyances|Chapter 5 - Conveyances|Subchapter B. Form and Construction of Instruments|Section 5.023. Implied Covenants

Sec. 5.023.  IMPLIED COVENANTS.  (a)  Unless the conveyance expressly provides otherwise, the use of "grant" or "convey" in a conveyance of an estate of inheritance or fee simple implies only that the grantor and the grantor's heirs covenant to the grantee and the grantee's heirs or assigns:(1)  that prior to the execution of the conveyance the grantor has not conveyed the estate or any interest in the estate to a person other than the grantee;  and(2)  that at the time of the execution of the conveyance the estate is free from encumbrances.(b)  An implied covenant under this section may be the basis for a lawsuit as if it had been expressed in the conveyance.|Acts 1983, 68th Leg., p. 3482, ch. 576, Sec. 1, eff. Jan. 1, 1984.|
TX Prop § 5.024 (2021)
2021 Texas Statutes|Property Code|Title 2 - Conveyances|Chapter 5 - Conveyances|Subchapter B. Form and Construction of Instruments|Section 5.024. Encumbrances

Sec. 5.024.  ENCUMBRANCES.  "Encumbrance" includes a tax, an assessment, and a lien on real property.|Acts 1983, 68th Leg., p. 3482, ch. 576, Sec. 1, eff. Jan. 1, 1984.|
TX Prop § 5.025 (2021)
2021 Texas Statutes|Property Code|Title 2 - Conveyances|Chapter 5 - Conveyances|Subchapter B. Form and Construction of Instruments|Section 5.025. Wood Shingle Roof

Sec. 5.025.  WOOD SHINGLE ROOF.  To the extent that a deed restriction applicable to a structure on residential property requires the use of a wood shingle roof, the restriction is void.|Acts 1983, 68th Leg., p. 3482, ch. 576, Sec. 1, eff. Jan. 1, 1984.|
TX Prop § 5.026 (2021)
2021 Texas Statutes|Property Code|Title 2 - Conveyances|Chapter 5 - Conveyances|Subchapter B. Form and Construction of Instruments|Section 5.026. Discriminatory Provisions

Sec. 5.026.  DISCRIMINATORY PROVISIONS.  (a)  If a restriction that affects real property, or a provision in a deed that conveys real property or an interest in real property, whether express or incorporated by reference, prohibits the use by or the sale, lease, or transfer to a person because of race, color, religion, or national origin, the provision or restriction is void.(b)  A court shall dismiss a suit or part of a suit to enforce a provision that is void under this section.|Acts 1983, 68th Leg., p. 3483, ch. 576, Sec. 1, eff. Jan. 1, 1984.|
TX Prop § 5.027 (2021)
2021 Texas Statutes|Property Code|Title 2 - Conveyances|Chapter 5 - Conveyances|Subchapter B. Form and Construction of Instruments|Section 5.027. Correction Instruments: Generally

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.|
TX Prop § 5.029 (2021)
2021 Texas Statutes|Property Code|Title 2 - Conveyances|Chapter 5 - Conveyances|Subchapter B. Form and Construction of Instruments|Section 5.029. Correction Instruments: Material Corrections

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.|
TX Prop § 5.030 (2021)
2021 Texas Statutes|Property Code|Title 2 - Conveyances|Chapter 5 - Conveyances|Subchapter B. Form and Construction of Instruments|Section 5.030. Correction Instrument: Effect

Sec. 5.030.  CORRECTION INSTRUMENT:  EFFECT.  (a)  A correction instrument that complies with Section 5.028 or 5.029 is:(1)  effective as of the effective date of the recorded original instrument of conveyance;(2)  prima facie evidence of the facts stated in the correction instrument;(3)  presumed to be true;(4)  subject to rebuttal; and(5)  notice to a subsequent buyer of the facts stated in the correction instrument.(b)  A correction instrument replaces and is a substitute for the original instrument.  Except as provided by Subsection (c), a bona fide purchaser of property that is subject to a correction instrument may rely on the instrument against any person making an adverse or inconsistent claim.(c)  A correction instrument is subject to the property interest of a creditor or a subsequent purchaser for valuable consideration without notice acquired on or after the date the original instrument was acknowledged, sworn to, or proved and filed for record as required by law and before the correction instrument has been acknowledged, sworn to, or proved and filed for record as required by law.|Added by Acts 2011, 82nd Leg., R.S., Ch. 194 (S.B. 1496), Sec. 1, eff. September 1, 2011.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 158 (S.B. 887), Sec. 2, eff. September 1, 2013.|
TX Prop § 5.031 (2021)
2021 Texas Statutes|Property Code|Title 2 - Conveyances|Chapter 5 - Conveyances|Subchapter B. Form and Construction of Instruments|Section 5.031. Correction Instruments Recorded Before September 1, 2011

Sec. 5.031.  CORRECTION INSTRUMENTS RECORDED BEFORE SEPTEMBER 1, 2011.  A correction instrument recorded before September 1, 2011, that substantially complies with Section 5.028 or 5.029 and that purports to correct a recorded original instrument of conveyance is effective to the same extent as provided by Section 5.030 unless a court of competent jurisdiction renders a final judgment determining that the correction instrument does not substantially comply with Section 5.028 or 5.029.|Added by Acts 2011, 82nd Leg., R.S., Ch. 194 (S.B. 1496), Sec. 1, eff. September 1, 2011.|
TX Prop § 5.041 (2021)
2021 Texas Statutes|Property Code|Title 2 - Conveyances|Chapter 5 - Conveyances|Subchapter C. Future Estates|Section 5.041. Future Estates

Sec. 5.041.  FUTURE ESTATES.  A person may make an inter vivos conveyance of an estate of freehold or inheritance that commences in the future, in the same manner as by a will.|Acts 1983, 68th Leg., p. 3483, ch. 576, Sec. 1, eff. Jan. 1, 1984.|
TX Prop § 5.042 (2021)
2021 Texas Statutes|Property Code|Title 2 - Conveyances|Chapter 5 - Conveyances|Subchapter C. Future Estates|Section 5.042. Abolition of Common-Law Rules

Sec. 5.042.  ABOLITION OF COMMON-LAW RULES.  (a)  The common-law rules known as the rule in Shelley's case, the rule forbidding a remainder to the grantor's heirs, the doctrine of worthier title, and the doctrine or rule prohibiting an existing lien upon part of a homestead from extending to another part of the homestead not charged with the debts secured by the existing lien upon part of the homestead do not apply in this state.(b)  A deed, will, or other conveyance of property in this state that limits an interest in the property to a particular person or to a class such as the heirs, heirs of the body, issue, or next of kin of the conveyor or of a person to whom a particular interest in the same property is limited is effective according to the intent of the conveyor.(c)  Status as an heir or next of kin of a conveyor or the failure of a conveyor to describe a person in a conveyance other than as a member of a class does not affect a person's right to take or share in an interest as a conveyee.(d)  Subject to the intention of a conveyor, which controls unless limited by law, the membership of a class described in this section and the participation of a member in a property interest conveyed to the class are determined under this state's laws of descent and distribution.(e)  This section does not apply to a conveyance taking effect before January 1, 1964.|Acts 1983, 68th Leg., p. 3483, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1999, 76th Leg., ch. 1510, Sec. 5, eff. Sept. 1, 1999.|
TX Prop § 5.043 (2021)
2021 Texas Statutes|Property Code|Title 2 - Conveyances|Chapter 5 - Conveyances|Subchapter C. Future Estates|Section 5.043. Reformation of Interests Violating Rule Against Perpetuities

Sec. 5.043.  REFORMATION OF INTERESTS VIOLATING RULE AGAINST PERPETUITIES.  (a)  Within the limits of the rule against perpetuities, a court shall reform or construe an interest in real or personal property that violates the rule to effect the ascertainable general intent of the creator of the interest.  A court shall liberally construe and apply this provision to validate an interest to the fullest extent consistent with the creator's intent.(b)  The court may reform or construe an interest under Subsection (a) of this section according to the doctrine of cy pres by giving effect to the general intent and specific directives of the creator within the limits of the rule against perpetuities.(c)  If an instrument that violates the rule against perpetuities may be reformed or construed under this section, a court shall enforce the provisions of the instrument that do not violate the rule and shall reform or construe under this section a provision that violates or might violate the rule.(d)  This section applies to legal and equitable interests, including noncharitable gifts and trusts, conveyed by an inter vivos instrument or a will that takes effect on or after September 1, 1969, and this section applies to an appointment made on or after that date regardless of when the power was created.|Acts 1983, 68th Leg., p. 3484, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1991, 72nd Leg., ch. 895, Sec. 16, eff. Sept. 1, 1991.|