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Section 14: Recording of Legal Instruments

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Procedure (for State)

Instruments conveying any property interest to TxDOT should be recorded immediately following the closing transaction. On state-acquired right of way, TxDOT pays the costs of recording such instruments. The title insurance company should include these costs in their billing for incurred title expenses.

The recording of curative instruments is the responsibility of the grantor. The grantor may pay recording costs directly to the County Clerk, or the costs may be withheld by the title insurance company from TxDOT's approved compensation at the time of closing. The grantor is eligible for reimbursement of recording costs as an incidental expense. However, if the title insurance company agrees to handle the recording and pays the recording costs they must be shown as a state expense on the closing statement. Submission for title expenses must include these expenses as a separate cost distribution item with appropriate incidental expense coding.

The recording of legal instruments is governed by the Property Code. All documents must be recorded in accordance with state law. If any questions arise in this regard, contact the ROW Program Office for further instructions.

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Procedure (for LPA)

When an LPA acquires right of way it will be responsible at its own expense for recording deeds, judgments, or other instruments in the real property records of each county in which the property is located.

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