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Relating to technical defects in instruments affecting real property.
The Legislative Budget Board predicts no significant fiscal impact to the state.
Currently, there is a two-year statute of repose (a law that bars a cause of action after a certain period of time regardless of when the personal injury or property damage occurs or is discovered) for a technical defect in the notarial acknowledgement of an instrument conveying real property. HB 1176 would change the two-year limitation to six months before an instrument conveying real property is considered to have been lawfully recorded. This bill would also remove certain types of technical defects for which an action for the recovery of the property or property interest is subject to a two-year limitations period.
Texas Action is neutral on HB 1176 because it neither advances nor hinders any of our liberty principles.