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Section 13: Recording of Legal Instruments (for State)

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Procedure

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 company should include these costs in their billing for incurred title expenses on Form 132 or ROW-A-15, Payment Request, as appropriate,.

According to Curative Work, the recording of curative instruments is the responsibility of the grantor. However, if the title company agrees to handle the recording of these instruments it may do so. The grantor may pay recording costs directly to the County Clerk, or the costs may be withheld by the title 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 company pays the recording costs they must be shown as a State expense on the closing statement, and the Form 132 or ROW-A-15, Payment Request, as appropriate, submitted for title expenses must include these expenses as a separate cost distribution item with appropriate incidental expense coding.

The recording of legal instruments are governed by State statutes set out in 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 in Austin for further instructions.

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