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Section 15: Special Clauses for Conveyance Instruments

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Policy (with State Participation)

As a matter of general policy, special clauses that do not have TxDOT prior approval are not to be included in deeds or other conveyance instruments. It is desired that the LPA secure acceptable title to the interest covered by the conveyance instrument, and special clauses often cloud title and cause doubt in the future chain of title. If special conditions occur, these are to be covered in the Memorandum of Agreement (MOA) or Possession and Use Agreement (PUA). If a property owner insists on the inclusion of deed clauses not covered by approved procedure, these are to be submitted to TxDOT for consideration as a policy exception before instrument execution.

Special care must be exercised to ensure that the LPA and the property owner are protected with appropriate deed clauses when needed. Every improvement that is part of the realty must be conveyed in the deed, unless excepted by specific reference. When the owner retains improvements lying within the ROW taking, the retention clause printed in the conveyance instrument must list each retained improvement and its removal date. This includes advertising signs that are to be retained in the deed when owned by the fee owner, or in the quitclaim deed when owned by the lessee.

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Approved Special Clauses for Use in Conveyance Instruments

In a ROW transaction, conditions may be encountered that are normal under certain circumstances but not applicable in all cases. Standard clauses established to cover these circumstances are included in either the conveyance instrument or the agreement. The following special clause situations may be found in TxDOT’s Right of Way Manual, Volume 2, Chapter 14:

  • Special Clause for Reserving Minerals
  • Retention of Improvements
  • Control of Access
  • Appointment of Single Payee or Attorney-in-Fact
  • Bisected Improvements.
  • Stock Pass and Other Pass
  • Special Mineral Clause
  • Retention of Private Rights
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