In Texas, a 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 warranty deed includes a number of covenants, or promises, that are made by the grantor to the grantee. These covenants are designed to protect the grantee’s ownership of the property and provide a certain level of assurance that the grantor has good title to the property.
- What covenants are included in a warranty deed in Texas? A 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.
- Covenant against encumbrances: This covenant guarantees that the property is free from any liens or encumbrances that would affect the grantee’s ownership of the property.
- Covenant for quiet enjoyment: This covenant guarantees that the grantee will be able to peacefully enjoy the property without interference from the grantor or any third party.
- What is the difference between a general warranty deed and a special warranty deed in Texas? In Texas, there are two types of warranty deeds: general warranty deeds and special warranty deeds. The main difference between these two types of deeds is the scope of the covenants that are included.
- 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.
- 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.
- How do I create a warranty deed in Texas? To create a warranty deed in Texas, you will need to:
- Obtain a warranty deed form: You can obtain a 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. You will also need to specify whether the deed is a general warranty deed or a special warranty deed.
- Have the form signed and notarized: The warranty deed form must be signed by the grantor in the presence of a notary public.
- Record the deed: The 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 warranty deed in Texas? There are several benefits to using a warranty deed in Texas:
- Protection of the grantee’s ownership: The covenants included in a warranty deed provide a certain level of protection for the grantee’s ownership of the property.
- Clear title: A warranty deed provides assurance that the grantee will receive good and clear title to the property.
- Avoidance of probate: A warranty deed can be used to transfer ownership of real property outside of the probate process, which can save time and money.
- Flexibility: A warranty deed can be used to transfer ownership of any type of real property, including residential, commercial, or agricultural property.
In conclusion, a warranty deed is a legal document that is used to transfer ownership of real property in Texas. A warranty deed includes covenants that are made by the grantor to the grantee and are designed to protect the grantee’s ownership of the property. There are two types of warranty deeds in Texas: a general warranty deed, which includes all of the covenants listed above, and a special warranty deed, which includes only the covenant of seisin and the covenant of right to convey. To create a 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. Warranty deeds provide protection for the grantee’s ownership of the property, assurance of clear title, the ability to avoid probate, and flexibility in transferring ownership of any type of real property.