Texas Deeds: A Comprehensive Overview

In this article, you can discover…

• The function and importance of a deed.
• How different deeds affect property ownership.
• How an attorney can help you determine which type of deed is best for you.

What Is A Deed And Why Is One Important To Have?

A deed is a document that describes a property and declares the deed’s owner to be the lawful owner of that property. Under Texas law, any transaction or conveyance of real estate must be done in writing. The best practice in light of these laws is to have a formal, written deed drafted so that property can be conveyed from one person to another. 

It is also important to understand that in Texas, a valid deed must be drafted by an attorney. Simply writing up a deed on your own and having it notarized does not make the document legally binding. To ensure any transfers of land, homes, and property are done correctly, be sure to have an attorney’s help drafting and wording a deed. 

What Types Of Deeds Should I Avoid Or Use In Texas?

While other states allow something called a “quit-claim deed,” these types of documents are not legal in Texas. A quit-claim deed seeks to legally remove someone from the line of ownership, but does not actually cause the property to be transferred. 

Instead, you will want either a special warranty or a general warranty deed. Both allow you to convey property. A general warranty deed guarantees a clean title (that is, uncontested, clear ownership of the property) all the way back to the time the plot of land was originally carved out.

A special warranty deed, on the other hand, guarantees a clean title only for the amount of time the grantor owned the property. 

Attorney Farren Sheehan is a knowledgeable, seasoned estate planning attorney serving Texas. For over 20 years, she’s helped clients just like you better understand Texas deeds, property law, and how to best convey land to loved ones or causes.

Have further questions, or need guidance with real estate matters? Reach out to Sheehan Law, PLLC today at (512) 355-0155 for an initial consultation today.

How Do Different Deeds Affect Property Ownership And Liability?

Both general and special warranty deeds can successfully convey ownership, but they differ in what a seller is liable for. 

A special warranty deed makes the seller liable only for encumbrances (such as debates over property lines, ownership disputes, or liens) that occurred during their time of ownership. 

A general warranty deed, however, makes the seller liable for any encumbrances that occurred over the entire duration of the property’s legal existence, going back decades or even centuries.

This latter type of deed makes the seller far more liable for any encumbrances or liens but can give the buyer greater confidence that they are buying a property with a truly clean title. 

What Are The Costs Associated With Preparing And Recording Each Deed?

For each type of deed, there are two separate costs. You can expect to pay a fee to an attorney to prepare the deed and to pay a second cost to have the deed formally recorded at a local courthouse.

This latter fee varies from county to county but is often based on the number of pages in the deed.

How Can An Attorney Help Me Decide Which Deed Is Best For Me?

Real estate and estate law in Texas can be complicated. What’s more, the two areas of law can overlap in ways that can surprise people or lead to disappointments. 

For example, many people assume that placing a spouse on a deed automatically ensures the spouse will inherit that property when this is not the case at all. Others assume that the simplest way to give property to others is through a deed, whereas allowing them to inherit the property instead would have been simpler and saved the receiver significant taxes.

If you have any questions about deeds, titles, or estate law, it is always best to sit down with a seasoned Texas real estate and estate planning attorney. They can answer your questions and ensure you have the right documents in hand to make your wishes secure and legally binding.

Still Have Questions? Ready To Get Started? For more information on Texas Deeds, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (512) 355-0155 today.