In Texas, a special warranty deed is a legal document that is used to transfer ownership of real property from one person (the grantor) to another person (the grantee). A special warranty deed includes two covenants, or promises, that are made by the grantor to the grantee. These covenants are designed to provide a certain level of assurance that the grantor has good title to the property, but they are more limited in scope than the covenants included in a general warranty deed.
- What covenants are included in a special warranty deed in Texas? A special warranty deed in Texas includes the following covenants:
- Covenant of seisin: This covenant guarantees that the grantor has the right to convey the property and that the grantee will receive good and clear title to the property.
- Covenant of right to convey: This covenant guarantees that the grantor has the legal right to convey the property to the grantee.
- What is the difference between a special warranty deed and a general warranty deed in Texas? In Texas, there are two types of warranty deeds: special warranty deeds and general warranty deeds. The main difference between these two types of deeds is the scope of the covenants that are included.
- Special warranty deed: A special warranty deed includes only the covenant of seisin and the covenant of right to convey. This means that the grantor is only making these two specific covenants and is not providing any additional assurances about the grantee’s title to the property.
- General warranty deed: A general warranty deed includes all of the covenants listed above, as well as an additional covenant of further assurances. This covenant requires the grantor to take any additional steps that may be necessary to perfect the grantee’s title to the property.
- How do I create a special warranty deed in Texas? To create a special warranty deed in Texas, you will need to:
- Obtain a special warranty deed form: You can obtain a special warranty deed form from a real estate attorney or from the Texas Real Estate Commission.
- Complete the form: You will need to provide the names and addresses of the grantor and grantee, as well as a description of the property being transferred.
- Have the form signed and notarized: The special warranty deed form must be signed by the grantor in the presence of a notary public.
- Record the deed: The special warranty deed must be recorded with the county clerk in the county where the property is located. This will create a public record of the deed and ensure that it is enforceable.
- What are the benefits of using a special warranty deed in Texas? There are several benefits to using a special warranty deed in Texas:
- Clear title: A special warranty deed provides assurance that the grantee will receive good and clear title to the property.
- Avoidance of probate: A special warranty deed can be used to transfer ownership of real property outside of the probate process, which can save time and money.
- Flexibility: A special warranty deed can be used to transfer ownership of any type of real property, including residential, commercial, or agricultural property.
- What are the limitations of a special warranty deed in Texas? It is important to note that a special warranty deed in Texas is more limited in scope than a general warranty deed. Specifically, a special warranty deed does not include the covenant against encumbrances or the covenant for quiet enjoyment. This means that the grantee may not have the same level of protection against liens or encumbrances on the property, or against interference with the peaceful enjoyment of the property, as they would with a general warranty deed.
In conclusion, a special warranty deed is a legal document that is used to transfer ownership of real property in Texas. A special warranty deed includes two covenants that are made by the grantor to the grantee and are designed to provide assurance that the grantor has good title to the property. A special warranty deed is more limited in scope than a general warranty deed, as it does not include the covenant against encumbrances or the covenant for quiet enjoyment. To create a special warranty deed in Texas, you will need to obtain a form, complete it, have it signed and notarized, and record it with the county clerk. Special warranty deeds provide assurance of clear title, the ability to avoid probate, and flexibility in transferring ownership of any type of real property. However, it is important to note that the grantee may not have the same level of protection against liens or encumbrances on the property, or against interference with the peaceful enjoyment of the property, as they would with a general warranty deed.