Conveying Property in Texas

by Carrie E. Campbell, J.D.

One of the most common tools for transferring title in Texas is through the general warranty deed. A general warranty deed or just "warranty deed" is a deed in which the seller / grantor warrants good and clear title to the property in question against all others. This is what you should demand as a buyer unless you are very familiar with the seller or know how to conduct a comprehensive title search at the County’s Real Property Records.

A quicker and less thorough means to transfer title is through a special warranty deed or quitclaim deed. A special warranty deed is a promise that the seller will defend the title against claims and demands by the seller and his agents, i.e. he or she makes no promises that there is not a mechanic’s or tax lien on the property or other defect.

When you are transferring title to land, less is not always more. Most courts will only look at what is written or contained within the "four corners" of the deed itself. When in doubt, be sure to purchase or require title insurance for the property in question and hire an attorney to conduct a review of your closing documents. A few hours of review by an attorney can save you months and possibly years of trouble.

Documents must be filed with the real property records office in the county where the property is located! Filing fees are cheap insurance. Better to be safe than sorry before your liens, loans, and deeds get misplaced or lost. Having your documents on file with the Clerk will create a permanent record of the transaction and put all other persons on notice that you are or were the legal owner of a piece of land.