A Texas deed is a legal document used by a property owner (the grantor) to transfer a title to a grantee. The deed relays the parties and legal description of the property, as well as any covenants assigning responsibility regarding liens and encumbrances. Deeds such as a quit claim or special warranty deed, are limited in the title assurances provided to the grantee, whereas a general warranty deed essentially guarantees that the title is clean and the transfer is legitimate.
The type of deed used will depend on the parties’ relationship and their knowledge of the title’s history.
Deed of Trust – An agreement between a lender, purchaser, and trustee wherein the trustee holds the title to a property until the purchaser repays the lender in full.
General Warranty Deed – A deed where the grantor guarantees their right to transfer the title and provides the grantee complete protection against all title encumbrances.
Lady Bird Deed – Transfers the property to a beneficiary named in the deed upon the owner’s death and, unlike a transfer-on-death deed, does not need to be recorded with the county clerk.
Quit Claim Deed – Cannot include warranties against title encumbrances or verify the grantor’s right to transfer the title.
Special Warranty Deed – Protects against title encumbrances that occurred after the grantor took possession of the property but does not cover prior encumbrances.
Transfer on Death Deed – A type of quit claim deed that enables a grantee to receive a grantor’s title upon their death.
- Statutes: Chapter 5 – Conveyances
- Formatting: § 191.007, § 11.002, § 11.003, § 11.008, § 12.009 (for deeds of trust), § 12.0011
- Signing Requirements (§ 12.001(b)): Notary Public or Two (2) Witnesses
- Where to Record: County Clerk’s Office
- Recording Fees (§ 118.011(2)): $5 for the first page + $4 for each additional page.
- Property Disclosure Statement (§ 5.008): Before completing a sale of a single-dwelling residence, the seller must give the buyer this disclosure documenting any issues affecting the premises. Multi-dwelling residences may be conveyed without this form.