Tex. Prop. Code Section 5.028
Correction Instruments: Nonmaterial Corrections


(a)

A person who has personal knowledge of facts relevant to the correction of a recorded original instrument of conveyance may prepare or execute a correction instrument to make a nonmaterial change that results from a clerical error, including:

(1)

a correction of an inaccurate or incorrect element in a legal description, such as a distance, angle, direction, bearing or chord, a reference to a plat or other plat information, a lot or block number, a unit, building designation, or section number, an appurtenant easement, a township name or number, a municipality, county, or state name, a range number or meridian, a certified survey map number, or a subdivision or condominium name; or

(2)

an addition, correction, or clarification of:

(A)

a party’s name, including the spelling of a name, a first or middle name or initial, a suffix, an alternate name by which a party is known, the identity of the trustee of a trust named as party, or a description of an entity as a corporation, company, or other type of organization;

(B)

a party’s marital status;

(C)

the date on which the conveyance was executed;

(D)

the recording data for an instrument referenced in the correction instrument; or

(E)

a fact relating to the acknowledgment or authentication.

(a-1)

A person who has personal knowledge of facts relevant to the correction of a recorded original instrument of conveyance may prepare or execute a correction instrument to make a nonmaterial change that results from an inadvertent error, including the addition, correction, or clarification of:

(1)

a legal description prepared in connection with the preparation of the original instrument but inadvertently omitted from the original instrument; or

(2)

an omitted call in a metes and bounds legal description in the original instrument that completes the description of the property.

(b)

A person who executes a correction instrument under this section may execute a correction instrument that provides an acknowledgment or authentication that is required and was not included in the recorded original instrument of conveyance.

(c)

A person who executes a correction instrument under this section shall disclose in the instrument the basis for the person’s personal knowledge of the facts relevant to the correction of the recorded original instrument of conveyance.

(d)

A person who executes a correction instrument under this section shall:

(1)

record the instrument and evidence of notice as provided by Subdivision (2), if applicable, in each county in which the original instrument of conveyance being corrected is recorded; and

(2)

if the correction instrument is not signed by each party to the recorded original instrument, send a copy of the correction instrument and notice by first class mail, e-mail, or other reasonable means to each party to the original instrument of conveyance and, if applicable, a party’s heirs, successors, or assigns.
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. 1, eff. September 1, 2013.
Acts 2023, 88th Leg., R.S., Ch. 345 (S.B. 801), Sec. 2, eff. September 1, 2023.

Source: Section 5.028 — Correction Instruments: Nonmaterial Corrections, https://statutes.­capitol.­texas.­gov/Docs/PR/htm/PR.­5.­htm#5.­028 (accessed Apr. 13, 2024).

5.001
Fee Simple
5.002
Failing as a Conveyance
5.003
Partial Conveyance
5.004
Conveyance by Authorized Officer
5.005
Aliens
5.006
Attorney’s Fees in Breach of Restrictive Covenant Action
5.007
Vendor and Purchaser Risk Act
5.008
Seller’s Disclosure of Property Condition
5.009
Duties of Life Tenant
5.010
Notice of Additional Tax Liability
5.011
Seller’s Disclosure Regarding Potential Annexation
5.012
Notice of Obligations Related to Membership in Property Owners’ Association
5.013
Seller’s Disclosure of Location of Conditions Under Surface of Unimproved Real Property
5.014
Notice of Obligations Related to Public Improvement District
5.015
Prohibited Fees
5.016
Conveyance of Residential Property Encumbered by Lien
5.019
Notice of Water Level Fluctuations
5.020
Easements Restricting Possession of Firearms or Alcoholic Beverages Prohibited
5.021
Instrument of Conveyance
5.022
Form
5.023
Implied Covenants
5.024
Encumbrances
5.025
Wood Shingle Roof
5.026
Discriminatory Provisions
5.027
Correction Instruments: Generally
5.028
Correction Instruments: Nonmaterial Corrections
5.029
Correction Instruments: Material Corrections
5.030
Correction Instrument: Effect
5.041
Future Estates
5.042
Abolition of Common-law Rules
5.043
Reformation of Interests Violating Rule Against Perpetuities
5.061
Definition
5.062
Applicability
5.063
Notice
5.064
Seller’s Remedies on Default
5.065
Right to Cure Default
5.066
Equity Protection
5.067
Placement of Lien for Utility Service
5.068
Foreign Language Requirement
5.069
Seller’s Disclosure of Property Condition
5.070
Seller’s Disclosure of Tax Payments and Insurance Coverage
5.071
Seller’s Disclosure of Financing Terms
5.072
Oral Agreements Prohibited
5.073
Contract Terms, Certain Waivers Prohibited
5.074
Purchaser’s Right to Cancel Contract Without Cause
5.076
Recording Requirements
5.077
Annual Accounting Statement
5.078
Disposition of Insurance Proceeds
5.079
Title Transfer
5.080
Liability for Disclosures
5.081
Right to Convert Contract
5.082
Request for Balance and Trustee
5.083
Right to Cancel Contract for Improper Platting
5.084
Right to Deduct
5.085
Fee Simple Title Required
5.087
Additional Provisions: Certain Counties
5.0141
Notice Required Before Contract Execution
5.0142
Purchaser Signature Required
5.0143
Recording of Notice at Closing
5.0144
Reliance on Filed Service Plan
5.0145
Suits for Damages
5.151
Disclosure in Offer to Purchase Mineral Interest
5.152
Certain Purchases of Mineral or Royalty Interests Void
5.201
Definitions
5.202
Certain Private Transfer Fee Obligations Void
5.203
Notice Requirements for Continuation of Existing Private Transfer Fee Obligations
5.204
Additional Compliance Requirement: Timely Acceptance of Fees Paid Under Existing Private Transfer Fee Obligations
5.0205
Equitable Interest Disclosure
5.205
Disclosure of Existing Transfer Fee Obligation Required in Contract for Sale
5.206
Waiver Void
5.207
Injunctive or Declaratory Relief
5.0261
Removal of Discriminatory Provision from Recorded Conveyance Instrument
5.0621
Construction with Other Law
5.0622
Additional Applicability: Certain Counties

Accessed:
Apr. 13, 2024

§ 5.028’s source at texas​.gov