Few people realize that mistakes are not limited to deeds. Affidavits recorded in the county real property records—such as affidavits of heirship, affidavits of facts relating to title, marital status affidavits, or correction affidavits themselves—can also contain mistakes.

Can they simply be erased?

Generally, no.

Instead, Texas law provides methods for correcting recorded instruments while preserving the integrity of the public records. Understanding how correction instruments work can prevent expensive title disputes years later.

Why Recorded Affidavits Matter

Recorded affidavits often become part of a property's chain of title.

Examples include:

• Affidavits of heirship
• Affidavits of identity
• Affidavits correcting factual errors
• Affidavits relating to title
• Boundary affidavits
• Marital status affidavits

Although many affidavits do not themselves transfer ownership, title companies, lenders, buyers, and courts frequently rely upon them when determining ownership interests.

An inaccurate affidavit can therefore create significant uncertainty.

Texas Law Recognizes Correction Instruments

Texas Civil Practice and Remedies Code Chapter 12 governs various recorded instruments affecting real property.

One important provision is:

Texas Civil Practice & Remedies Code § 12.0011(a):

"A person may record a correction instrument to correct an error in a recorded original instrument of conveyance that is not a nonmaterial correction."

While much discussion centers on deeds, correction instruments may also be appropriate when recorded affidavits contain material mistakes that require clarification while maintaining the historical record.

The key principle is transparency—not deleting history.

Why Not Simply Remove the Original?

Texas recording law depends upon maintaining a complete historical chain of title.

If parties could simply erase recorded documents, purchasers would have difficulty determining:

• what existed originally,
• what changed,
• who made the correction,
• and when it occurred.

Instead, correction instruments leave the original filing intact while adding an explanation.

Think of it as an amendment—not a deletion.

Examples of Correctable Errors

Examples may include:

• misspelled names
• incorrect legal descriptions
• omitted middle initials
• inaccurate marital status
• incorrect recording references
• mistaken property addresses
• clerical mistakes in factual recitations

Some errors are merely cosmetic.

Others materially affect ownership analysis and require much greater care.

Material Versus Nonmaterial Corrections

Texas law distinguishes between corrections that merely clarify existing information and corrections that change substantive rights.

For example:

A typographical error changing:

Lot 12

to

Lot 21

may dramatically alter ownership.

Likewise, changing:

John Smith

to

James Smith

may affect title if both individuals exist.

The more significant the correction, the more important it becomes to ensure the correction complies with Texas law and accurately reflects the parties' intent.

Correction Instruments Should Not Rewrite History

Correction instruments are not intended to create entirely new transactions.

Instead, they document what the original filing was intended to say.

Courts are generally far more comfortable enforcing correction documents that explain obvious mistakes than documents attempting to rewrite substantive rights years later.

Why Title Companies Care

During a real estate closing, title companies often review decades of recorded documents.

If they discover:

• inconsistent names,
• conflicting legal descriptions,
• contradictory affidavits,
• or unexplained recording errors,

they may require corrective documentation before issuing title insurance.

Fixing these issues before a sale can save weeks—or months—of delay.

Affidavits Should Be Prepared Carefully

Because recorded affidavits frequently outlive the people who sign them, accuracy is critical.

An affidavit recorded today may still be examined:

• twenty years later,
• during probate,
• after foreclosure,
• during litigation,
• or when property is refinanced.

Small mistakes can become expensive problems if left uncorrected.

Final Thoughts

Texas real property law is built upon reliable public records. When recorded affidavits contain mistakes, the solution is rarely to pretend the error never happened. Instead, Texas law generally favors preserving the original record while documenting the correction through properly prepared corrective instruments.

If you discover an error in a recorded affidavit affecting Texas real property, obtaining legal advice before recording a correction can help ensure the correction actually resolves the problem instead of creating a new one.

Disclaimer: This article is provided for informational purposes only and does not constitute legal advice. Every real estate matter is unique, and correction instruments may have significant legal consequences depending upon the facts of a particular case. Consult a qualified Texas attorney regarding your specific circumstances.

At David C. Barsalou, Attorney at Law, PLLC, we help clients navigate business, family, tax, estate planning, and real estate matters ranging from document drafting to litigation with clarity and confidence. If you’d like guidance on your situation, schedule a consultation today. Call us at (713) 397-4678, email barsalou.law@gmail.com, or reach us through our Contact Page. We’re here to help you take the next step.