Chapter 13: Instruments of Conveyance for On-System Projects

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Section 1: General Requirements for Proper Conveyance

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Requirements

Deeds, easements, and other instruments of conveyance will be prepared on standard forms by TxDOT representatives in accordance with the provisions of Standard Conveyance Forms. All instruments must show the name of grantors or other parties the same as on the title report, and the cash consideration recited in the deed must be the amount of money actually paid the owner. Signatures and acknowledgments should be in exact agreement with the names of grantors or other parties appearing in the caption or the body of the instrument.

Effective June 1998, per Civil Practice and Remedies Code, §121.005, all documents, which are to be notarized, must use "short form" acknowledgments. If using older forms do not use the "long form" acknowledgments contained in those forms, as those acknowledgments do not contain additional wording required by the above citation. The signatures and acknowledgments of both married parties named as grantors are required, unless other requirements are made by the title company.

Effective January 1, 2004, for any conveyance to or from an individual person or persons, the following disclosure notice (in bold text below) must be added on the first page of the conveyance document (if not already added), per House Bill 2930:

“Chapter 11, Property Code, is amended by adding Section 11.008 to read as follows:

Sec. 11.008. Confidential Information in Real Property Records.

(a) In this section, "instrument" means a deed, mortgage, or deed of trust.

(b) An instrument executed on or after January 1, 2004, transferring an interest in real property to or from an individual may not be recorded unless a notice appears on the first page of the instrument in 12-point boldfaced type or 12-point uppercase letters and reads substantially as follows:

NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.

(c) The validity of an instrument as between the parties to the instrument and the notice provided by the instrument are not affected by a party's failure to include the notice required under Subsection (b).

(d) The county clerk may not reject an instrument presented for recording because the instrument contains or fails to contain a social security number or driver's license number. If the county clerk accepts an instrument for recording, the recording of the instrument creates a conclusive presumption that the requirements of this section have been met.

(e) The county clerk shall post a notice in the county clerk's office stating that instruments recorded in the real property or official public records or the equivalent of the real property or official public records of the county and executed on or after January 1, 2004:

(1) are not required to contain a social security number or driver's license number; and

(2) are public records available for review by the public.

(f) All instruments recorded under this section are subject to inspection by the public.

(g) Unless this section is cited in a law enacted after September 1, 2003, this section is the exclusive law governing the confidentiality of personal information contained in the real property or official public records or the equivalent of the real property or official public records of a county.

(h)To the extent that federal law conflicts with this section, an instrument must contain the information required by and must be filed in a manner that complies with federal law.”

Exceptions to the laws regarding conveyance are numerous; therefore, when abnormal situations arise, consult the ROW Program Office in Austin.

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