CHAPTER 13. EFFECTS OF RECORDING
PROPERTY CODE
TITLE 3. PUBLIC RECORDS
CHAPTER 13. EFFECTS OF RECORDING
Sec. 13.001. VALIDITY OF UNRECORDED INSTRUMENT. (a) A
conveyance of real property or an interest in real property or a
mortgage or deed of trust is void as to a creditor or to a
subsequent purchaser for a valuable consideration without notice
unless the instrument has been acknowledged, sworn to, or proved
and filed for record as required by law.
(b) The unrecorded instrument is binding on a party to the
instrument, on the party's heirs, and on a subsequent purchaser
who does not pay a valuable consideration or who has notice of
the instrument.
(c) This section does not apply to a financing statement, a
security agreement filed as a financing statement, or a
continuation statement filed for record under the Business &
Commerce Code.
Acts 1983, 68th Leg., p. 3495, ch. 576, Sec. 1, eff. Jan. 1,
1984. Amended by Acts 1989, 71st Leg., ch. 162, Sec. 4, eff.
Sept. 1, 1989.
Sec. 13.002. EFFECT OF RECORDED INSTRUMENT. An instrument that
is properly recorded in the proper county is:
(1) notice to all persons of the existence of the instrument;
and
(2) subject to inspection by the public.
Acts 1983, 68th Leg., p. 3495, ch. 576, Sec. 1, eff. Jan. 1,
1984. Amended by Acts 2003, 78th Leg., ch. 715, Sec. 2, eff.
Sept. 1, 2003; Acts 2003, 78th Leg., ch. 960, Sec. 2, eff. Sept.
1, 2003.
Sec. 13.003. INSTRUMENTS PREVIOUSLY RECORDED IN OTHER COUNTIES.
The original or a certified copy of a conveyance, covenant,
agreement, deed of trust, or mortgage, relating to land, that has
been recorded in a county of this state other than the county
where the land to which the instrument relates is located, is
valid as to a creditor or a subsequent purchaser who has paid a
valuable consideration and who does not have notice of the
instrument only after it is recorded in the county in which the
land is located. Recording a previously recorded instrument in
the proper county does not validate an invalid instrument.
Acts 1983, 68th Leg., p. 3496, ch. 576, Sec. 1, eff. Jan. 1,
1984.
Sec. 13.004. EFFECT OF RECORDING LIS PENDENS. (a) A recorded
lis pendens is notice to the world of its contents. The notice is
effective from the time it is filed for record, regardless of
whether service has been made on the parties to the proceeding.
(b) A transfer or encumbrance of real property involved in a
proceeding by a party to the proceeding to a third party who has
paid a valuable consideration and who does not have actual or
constructive notice of the proceeding is effective, even though
the judgment is against the party transferring or encumbering the
property, unless a notice of the pendency of the proceeding has
been recorded under that party's name in each county in which the
property is located.
Acts 1983, 68th Leg., p. 3496, ch. 576, Sec. 1, eff. Jan. 1,
1984.
Sec. 13.005. EFFECT OF RECORDING JUDGMENT OF JUSTICE COURT. A
certified transcript of a justice court judgment recorded under
Section 12.015 of this code has the same effect as a recorded
deed. A court shall admit as evidence the transcript or a copy of
the transcript, if the copy is certified with the signature and
seal of the clerk of the county in which the transcript is
recorded, in the same manner and with the same effect as the
original judgment and execution.
Acts 1983, 68th Leg., p. 3496, ch. 576, Sec. 1, eff. Jan. 1,
1984.