Deed

A deed is a written instrument transferring ownership of real property from a grantor to a grantee. Texas law recognizes several categories of deeds, distinguished by the nature and scope of the warranty of title that the grantor provides. The choice of deed type is a substantive risk-allocation decision; the warranty is essentially insurance against title defects existing at the time of conveyance.

General warranty deed

A general warranty deed conveys property and warrants title against all defects arising before AND during the grantor's ownership period. The grantor typically provides six common-law covenants: seisin, right to convey, against encumbrances, quiet enjoyment, warranty, and further assurances. This is the strongest warranty available and the standard deed type for arm's-length sales of fee-simple title.

Special warranty deed

A special warranty deed warrants title only against defects arising during the grantor's ownership, not against defects predating the grantor's acquisition. Common in commercial transactions, fiduciary sales (estates, trusts), foreclosures, and certain corporate transactions. Buyers receiving special warranty deeds typically rely on title insurance for protection against pre-grantor defects rather than the deed warranty.

Quitclaim deed

A quitclaim deed conveys whatever interest (if any) the grantor possesses, with no warranty. Used for clearing clouds on title (e.g., a former spouse releasing potential community property interest), correcting title defects, transfers among related parties, or transfers where the grantor expressly disclaims any warranty. Title insurance underwriters often refuse to insure title transferred by quitclaim deed without additional documentation.

Required elements

To be effective, a Texas deed must (1) be in writing; (2) identify the grantor and grantee; (3) include words of conveyance ("grant," "convey," "transfer"); (4) describe the property with reasonable specificity (legal description, not just street address); (5) be signed by the grantor; and (6) be delivered to the grantee. To bind subsequent bona fide purchasers without notice, the deed must be recorded with the county clerk in the county where the property is located. Acknowledgment before a notary is required for recordation.

Statutory short form

Section 5.022 provides a statutory short form for warranty deeds. Use of the short form, with appropriate variations, is recommended best practice, it incorporates by operation of law all the standard common-law covenants without requiring the parties to draft each one. Custom-drafted deeds that omit or modify the statutory covenants must do so explicitly and clearly.