§ 16.033.Technical Defects in Instrument

Title 2. Trial, Judgment, and Appeal · Subtitle B. Trial Matters · Chapter 16. Limitations · Subchapter B. Limitations of Real Property Actions · Last amended 2007 · Last verified August 29, 2026

In one sentenceSection 16.033 gives two years from recording to attack a conveyance for one of nine listed technical defects — a missing seal, a defective acknowledgment, an unshown authority — and forgery is excluded.

Full Text of § 16.033

Text sizeJump to: (a) (b) (c)

(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partnership, or other company that had been dissolved, whose charter had expired, or whose franchise had been canceled, withdrawn, or forfeited;

(6)acknowledgment of the instrument in an individual, rather than a representative or official, capacity;

(7)execution of the instrument by a trustee without record of the authority of the trustee or proof of the facts recited in the instrument;

(8)failure of the record or instrument to show an acknowledgment or jurat that complies with applicable law; or

(9)wording of the stated consideration that may or might create an implied lien in favor of the grantor.

(b)This section does not apply to a forged instrument.

(c)For the purposes of this section, an instrument affecting real property containing a ministerial defect, omission, or informality in the certificate of acknowledgment that has been filed for record for longer than two years in the office of the county recorder of the county in which the property is located is considered to have been lawfully recorded and to be notice of the existence of the instrument on and after the date the instrument is filed.

End

Plain-English Summary

Old recorded instruments frequently contain formal defects, and a title chain would be worthless if any of them could be attacked forever. This section closes the window at two years from the day the instrument was filed for record.

The nine defects are technical, not substantive. A missing signature of a proper corporate officer, partner, or company officer; a missing corporate seal; a record not showing the seal used; a record not showing the authority of directors, stockholders, partners, or members; execution by an entity that had been dissolved or whose charter or franchise had lapsed; acknowledgment in an individual rather than a representative capacity; execution by a trustee without record of authority; a missing or non-compliant acknowledgment or jurat; and consideration wording that might create an implied lien.

What they have in common is that each concerns how the instrument was executed or recorded rather than whether the grantor meant to convey.

Subsection (b) excludes forgery outright. A forged instrument is void, not defective, and no passage of time under this section cures it.

Subsection (c) adds a curative rule for a ministerial defect, omission, or informality in the certificate of acknowledgment once the instrument has been of record for more than two years.

Frequently Asked Questions

How long do I have to challenge a deed for a technical defect?

Two years from the day the instrument was filed for record with the county clerk.

Does this apply to a forged deed?

No. Subsection (b) expressly excludes forged instruments, which are void rather than defective.

What kind of defects does it cover?

Nine formal ones — a missing corporate seal, an acknowledgment taken in the wrong capacity, unshown corporate or trustee authority, execution by a dissolved entity, and similar irregularities in execution or recording.

What if the defect is in the acknowledgment certificate?

Subsection (c) supplies a curative rule for a ministerial defect, omission, or informality once the instrument has been on record more than two years.

Amendment History

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1993, 73rd Leg., ch. 291, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 819 (S.B. 1781), Sec. 1, eff. June 15, 2007.

Source & verification. Section text is reproduced verbatim from Texas Legislature Online (statutes.capitol.texas.gov). Enacted by the Texas Legislature. Current through May 14, 2026. Last verified August 29, 2026. · Official source