PROPERTY CODE TITLE 1. GENERAL PROVISIONS CHAPTER ... - …

1 PROPERTY CODETITLE 1. GENERAL PROVISIONSCHAPTER 1. GENERAL PROVISIONSSec. PURPOSE OF CODE. (a) This code is enacted as apart of the state's continuing statutory revision program begun bythe Texas Legislative Council in 1963 as directed by the legislaturein CHAPTER 448, Acts of the 58th Legislature, Regular Session, 1963(Article 5429b-1, Vernon's Texas Civil Statutes). The programcontemplates a topic-by-topic revision of the state's GENERAL andpermanent statute law without substantive change.(b) Consistent with the objectives of the statutory revisionprogram, the purpose of this code is to make the law encompassed bythis code more accessible and understandable by:(1) rearranging the statutes into a more logical order;(2) employing a format and numbering system designed tofacilitate citation of the law and to accommodate future expansion ofthe law;(3) eliminating repealed, duplicative, unconstitutional,expired, executed, and other ineffective PROVISIONS ; and(4) restating the law in modern American English to thegreatest extent possible.

2 Acts 1983, 68th Leg., p. 3478, ch. 576, Sec. 1, eff. Jan. 1, 1984. Sec. CONSTRUCTION OF CODE. The Code Construction Act( CHAPTER 311, Government Code) applies to the construction of eachprovision in this code, except as otherwise expressly provided bythis code. Acts 1983, 68th Leg., p. 3478, ch. 576, Sec. 1, eff. Jan. 1, by Acts 1985, 69th Leg., ch. 479, Sec. 70, eff. Sept. 1,1985. Sec. INTERNAL REFERENCES. In this code:(1) a reference to a TITLE , CHAPTER , or section withoutfurther identification is a reference to a TITLE , CHAPTER , or sectionof this code; and(2) a reference to a subtitle, subchapter, subsection,subdivision, paragraph, or other numbered or lettered unit withoutStatute text rendered on: 1/1/2021- 1 -further identification is a reference to a unit of the next largerunit of this code in which the reference appears.

3 Acts 1983, 68th Leg., p. 3479, ch. 576, Sec. 1, eff. Jan. 1, 1984. CHAPTER 2. NATURE OF PROPERTYSec. MANUFACTURED HOUSING. (a) Except as provided bySubsection (b), a manufactured home is personal PROPERTY .(b) A manufactured home is real PROPERTY if:(1) the statement of ownership and location for the homeissued under Section , Occupations Code, reflects that theowner has elected to treat the home as real PROPERTY ; and(2) a certified copy of the statement of ownership andlocation has been filed in the real PROPERTY records in the county inwhich the home is located.(c) In this section, "consumer," "document of TITLE ," "firstretail sale," "manufactured home," and "mobile home" have themeanings assigned by CHAPTER 1201, Occupations Code.

4 (d) to (h) Repealed by Acts 2003, 78th Leg., ch. 338, (2).(i) This section does not require a retailer or retailer'sagent to obtain a license under CHAPTER 1101, Occupations Code. Added by Acts 1995, 74th Leg., ch. 978, Sec. 15, eff. Sept. 1, by Acts 2001, 77th Leg., ch. 899, Sec. 5, eff. Sept. 1, 2001;Acts 2001, 77th Leg., ch. 1055, Sec. 5, eff. Jan. 1, 2002; Acts2003, 78th Leg., ch. 338, Sec. 41 to 43, 52(2), eff. June 18, 2003;Acts 2003, 78th Leg., ch. 1276, Sec. , eff. Sept. 1, 2003. Sec. DRY FIRE HYDRANTS: AGREEMENT IS PERSONAL. (a) Anagreement between an owner, lessee, or occupant of real PROPERTY anda fire-fighting agency relating to the connection of a dry firehydrant to a source of water on the PROPERTY or the installation of adry fire hydrant on the PROPERTY may not bind a subsequent owner,lessee, or occupant of the real PROPERTY .

5 (b) In this section:(1) "Dry fire hydrant" means a fire hydrant that isconnected to a stock tank, pond, or other similar source of waterfrom which water is pumped in case of CODES tatute text rendered on: 1/1/2021- 2 -(2) "Fire-fighting agency" means any entity that providesfire-fighting services, including:(A) a volunteer fire department; and(B) a political subdivision of this state authorized toprovide fire-fighting services. Added by Acts 1997, 75th Leg., ch. 437, Sec. 2, eff. Sept. 1, 1997. TITLE 2. CONVEYANCESCHAPTER 5. CONVEYANCESSUBCHAPTER A. GENERAL PROVISIONSSec. FEE SIMPLE. (a) An estate in land that isconveyed or devised is a fee simple unless the estate is limited byexpress words or unless a lesser estate is conveyed or devised byconstruction or operation of law.

6 Words previously necessary atcommon law to transfer a fee simple estate are not necessary.(b) This section applies only to a conveyance occurring on orafter February 5, 1840. Acts 1983, 68th Leg., p. 3480, ch. 576, Sec. 1, eff. Jan. 1, 1984. Sec. FAILING AS A CONVEYANCE. An instrument intended asa conveyance of real PROPERTY or an interest in real PROPERTY that,because of this CHAPTER , fails as a conveyance in whole or in part isenforceable to the extent permitted by law as a contract to conveythe PROPERTY or interest. Acts 1983, 68th Leg., p. 3480, ch. 576, Sec. 1, eff. Jan. 1, 1984. Sec. PARTIAL CONVEYANCE.

7 (a) An alienation of realproperty that purports to transfer a greater right or estate in theproperty than the person making the alienation may lawfully transferalienates only the right or estate that the person may convey.(b) Neither the alienation by deed or will of an estate onwhich a remainder depends nor the union of the estate with aninheritance by purchase or descent affects the remainder. Acts 1983, 68th Leg., p. 3480, ch. 576, Sec. 1, eff. Jan. 1, CODES tatute text rendered on: 1/1/2021- 3 - Sec. CONVEYANCE BY AUTHORIZED OFFICER. (a) Aconveyance of real PROPERTY by an officer legally authorized to sellthe PROPERTY under a judgment of a court within the state passesabsolute TITLE to the PROPERTY to the purchaser.

8 (b) This section does not affect the rights of a person who isnot or who does not claim under a party to the conveyance orjudgment. Acts 1983, 68th Leg., p. 3480, ch. 576, Sec. 1, eff. Jan. 1, 1984. Sec. ALIENS. An alien has the same real and personalproperty rights as a United States citizen. Acts 1983, 68th Leg., p. 3481, ch. 576, Sec. 1, eff. Jan. 1, 1984. Sec. ATTORNEY'S FEES IN BREACH OF RESTRICTIVE COVENANTACTION. (a) In an action based on breach of a restrictive covenantpertaining to real PROPERTY , the court shall allow to a prevailingparty who asserted the action reasonable attorney's fees in additionto the party's costs and claim.

9 (b) To determine reasonable attorney's fees, the court shallconsider:(1) the time and labor required;(2) the novelty and difficulty of the questions;(3) the expertise, reputation, and ability of the attorney;and(4) any other factor. Acts 1983, 68th Leg., p. 3481, ch. 576, Sec. 1, eff. Jan. 1, 1984. Sec. VENDOR AND PURCHASER RISK ACT. (a) Any contractmade in this state for the purchase and sale of real PROPERTY shallbe interpreted as including an agreement that the parties have therights and duties prescribed by this section, unless the contractexpressly provides otherwise.(b) If, when neither the legal TITLE nor the possession of thePROPERTY CODES tatute text rendered on: 1/1/2021- 4 -subject matter of the contract has been transferred, all or amaterial part of the PROPERTY is destroyed without fault of thepurchaser or is taken by eminent domain, the vendor may not enforcethe contract, and the purchaser is entitled to recover any portion ofthe contract price paid.

10 (c) If, when either the legal TITLE or the possession of thesubject matter of the contract has been transferred, all or any partof the PROPERTY is destroyed without fault of the vendor or is takenby eminent domain, the purchaser is not relieved from the duty to paythe contract price, nor is the purchaser entitled to recover anyportion of the price already paid.(d) This section shall be interpreted and construed toaccomplish its GENERAL purpose to make uniform the law of thosestates that enact the Uniform Vendor and Purchaser Risk Act.(e) This section may be cited as the Uniform Vendor andPurchaser Risk Act.