Prop2 Class 7 – The Recording Systems

September 5th, 2018

The lecture notes are here.

Here is a photo of a tract index–the books are huge.


This is what a grantee index would look like (not that the grantee is in the left-most column).

Grantee index - part 1

Here is what a tract index would look like.

Grantee index - part 2

Texas is a notice jurisdiction (see 12.003).

Sec. 12.003.  INSTRUMENT IN GENERAL LAND OFFICE OR ARCHIVES. (a) If written evidence of title to land has been filed according to law in the General Land Office or is in the public archives, a copy of the written evidence may be recorded if:

(1)  the original was properly executed under the law in effect at the time of execution; and

(2)  the copy is certified by the officer having custody of the original and attested with the seal of the General Land Office.

(b)  A court may not admit a title to land that was filed in the General Land Office as evidence of superior title against a location or survey of the same land that was made under a valid land warrant or certificate prior to the filing of the title in the General Land Office unless prior to the location or survey:

(1)  the older title had been recorded with the county clerk of the county in which the land is located; or

(2)  the person who had the location or survey made had actual notice of the older title.

Remember the Old Mother Hubbard Nursery Rhyme?

Old Mother Hubbard
Went to the cupboard,
To give the poor dog a bone;
When she came there,
The cupboard was bare,
And so the poor dog had none.


This is the Grantor index in Luthi v. Evans.