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Loren, Lawyer
Category: Real Estate Law
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Experience:  30 years of real estate practice experience.
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In texas warranty deeds the clause "those of record" does

Customer Question

in texas warranty deeds the clause "those of record" does that mean anything of record including water rights records.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Loren replied 1 year ago.

Good morning. I am Loren, a licensed attorney, and I look forward to assisting you.

Expert:  Loren replied 1 year ago.

"Of record" means any interest recorded and showing in the chain of title by virtue of being recorded with the registrar of titles or recorder of deeds for the county where the property is located. Recording has the legal effect of putting the world on notice of the interest recorded and making that interest "of record".

Expert:  Loren replied 1 year ago.

So, if the water rights were recorded with the county then they are "of record". If not, then they are not part of the chain of title and not, therefore, "of record".