13.00 Names

13.00.1

In General


In a chain of title, the identity of the name of each grantor with a preceding grantee or owner is an essential element of good conveyancing and title examination practice.

However, in actual experience, an exact correspondence of names is not always encountered.   Such discrepancies can occur because of a variation in the spelling of the name, the initials, or the use of the full name in one case and the initials or abbreviation only in another. Whenever the names are identical, there is a legal presumption as to identity. But if there is any material variation in the names, the presumption of identity does not exist.

13.00.2

Presumption of Identity

Presumptions of identity are constantly being applied throughout the examination of any chain of title. Practical conveniences require the identity of persons to be presumed from the identity of names, and consequently, a grantor in one conveyance is to be presumed the same as the grantee in a previous conveyance. Texas examination standards (found in the Texas Property Code) provide generally acceptable examination standards.  Particularly standards 3.10, 3.20 3.30, 3.50, 3.60, 3.70 are helpful.

Note however that these examination standards do not expressly apply to title insurance transactions but are good guidelines.