Legal Services

	“A citizen brought a plat into our clerk’s office to be recorded, but it hasn’t been approved by the county yet. How should this be handled?”

Can a county clerk refuse to record a plat that has not been approved or recorded?

Yes. According to Property Code §12.002(a), “[t]he county clerk or a deputy of the clerk with whom a plat or replat of a subdivision of real property is filed for recording shall determine whether the plat or replat is required by law to be approved by a county or municipal authority or both. The clerk or deputy may not record a plat or replat unless it is approved as provided by law by the appropriate authority and unless the plat or replat has attached to it the documents required by Subsection (e) or by Section 212.0105 or 232.023, Local Government Code, if applicable. If a plat or replat does not indicate whether land covered by the plat or replat is in the extraterritorial jurisdiction of the municipality, the county clerk may require the person filing the plat or replat for recording to file with the clerk an affidavit stating that information.” 

For more information, see our County Subdivision Handbook.