Texas Civil Practice and Remedies Code

§ 16.033 — TECHNICAL DEFECTS IN INSTRUMENT

CP § 16.033Title 2. TRIAL, JUDGMENT, AND APPEAL · Part B. TRIAL MATTERS · Ch. 16. LIMITATIONS · Art. B. LIMITATIONS OF REAL PROPERTY ACTIONS

Statute text

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(a)A person with a right of action for the recovery of real property or an interest in real property conveyed by an instrument with one of the following defects must bring suit not later than two years after the day the instrument was filed for record with the county clerk of the county where the real property is located:

(1)lack of the signature of a proper corporate officer, partner, or company officer, manager, or member;

(2)lack of a corporate seal;

(3)failure of the record to show the corporate seal used;

(4)failure of the record to show authority of the board of directors or stockholders of a corporation, partners of a partnership, or officers, managers, or members of a company;

(5)execution and delivery of the instrument by a corporation, partnership, or other company that had been dissolved, whose charter had expired, or whose franchise had been canceled, withdrawn, or forfeited;

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Legislative history

Acts 2007, 80th Leg., R.S., Ch. 819 (S.B. 1781), Sec. 1, eff. June 15, 2007.