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Tex. Prop. Code § 13.001

VALIDITY OF UNRECORDED INSTRUMENT

Applied in 75 court decisions — leading case Realty Portfolio, Inc. v. Hamilton (1997)

Most recently applied in Tregellas v. Archer (December 2016)

Acts 1983, 68th Leg., p. 3495, ch. 576, Sec. 1, eff

How often courts cite this section

1986199020002010201690
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(a) A conveyance of real property or an interest in real property or a mortgage or deed of trust is void as to a creditor or to a subsequent purchaser for a valuable consideration without notice unless the instrument has been acknowledged, sworn to, or proved and filed for record as required by law.

(b) The unrecorded instrument is binding on a party to the instrument, on the party's heirs, and on a subsequent purchaser who does not pay a valuable consideration or who has notice of the instrument.

(c) This section does not apply to a financing statement, a security agreement filed as a financing statement, or a continuation statement filed for record under the Business & Commerce Code.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.