Texas 2011 - 82nd Regular

Texas House Bill HB2254

Filed
 
Out of House Committee
4/26/11  
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the scope and validity of correction instruments in the conveyance of real property.

Impact

If enacted, HB2254 would streamline the correction process for property conveyance documents, reducing the risks associated with errors in legal descriptions or conveyance terms. This is particularly significant for real estate transactions, as any ambiguity can lead to legal disputes or misunderstandings that complicate ownership claims. By defining the types of corrections that can be made and who may execute these corrections, the bill seeks to enhance clarity and efficiency in property law, benefiting both property owners and title companies.

Summary

House Bill 2254 focuses on the scope and validity of correction instruments used in the conveyance of real property in Texas. The bill introduces new sections to Chapter 5 of the Property Code, elaborating on how correction instruments can be utilized to correct ambiguities or errors in previously recorded property conveyances. It allows for the clarification of nonmaterial clerical errors, as well as material corrections, ensuring that property transactions are accurately reflected in legal terms. The bill aims to simplify the legal processes associated with property correction and to provide essential guidelines for parties involved in real estate transactions.

Contention

The legislation may not be without contention as it modifies existing property laws, potentially raising concerns among legal practitioners about the implications of more lenient correction processes. Critics might argue that allowing broader interpretations and corrections could lead to abuses or challenges in property disputes. Furthermore, issues may arise regarding the effectiveness of such corrections in the event of disputes since the bill assures that corrections will serve as prima facie evidence against any adverse claims. Stakeholders in the real estate field, including real estate agents and legal advisors, may have differing perspectives on the balance between efficiency and legal rigor in property transactions.

Companion Bills

TX SB1496

Identical Relating to the scope and validity of correction instruments in the conveyance of real property.

Similar Bills

HI HB2416

Relating To Taxation.

HI SB3105

Relating To Taxation.

TX SB1496

Relating to the scope and validity of correction instruments in the conveyance of real property.

LA HB286

Provides for revisions to the Trust Code

TX HB448

Relating to the provision of certain eminent domain information to property owners through a landowner's bill of rights.

AL SB233

Mortgages, fee increase for recording of mortgages, deeds of trust, distribution of proceeds to Alabama housing trust fund.

WI SB439

Declaring discriminatory restrictions in instruments that affect real property void and unenforceable and allowing an owner of real property to discharge and release such a discriminatory restriction. (FE)

WI AB444

Declaring discriminatory restrictions in instruments that affect real property void and unenforceable and allowing an owner of real property to discharge and release such a discriminatory restriction. (FE)