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Deeds


What is a deed in Texas?

A deed is a document which transfers ownership of land (and any improvements which are situated on the land) from the owner to a third party.  The most frequent transaction which utilizes a deed is the sale and purchase of land.  In Texas the seller is identified in the deed as the "grantor" and the buyer is identified as the "grantee."

What types of deeds are there in Texas?

There are many different types of deeds which are commonly used in Texas, for example:

  • general warranty deed
  • special warranty deed
  • quitclaim deed
  • mineral deed
  • owelty of partition deed
  • correction deed
  • and the gift deed

Each has their own characteristics, some have greater warranties of title than others, some are used in very limited circumstances, and some may actually create problems for title examiners.

Are there common concerns related to deeds in Texas?

My advice: donít buy a form "deed" and then attempt to fill-in the blanks.  Always consult a Texas real estate attorney before you convey or transfer the ownership of land.  Remember, the county clerk will record almost any document that bears a notary acknowledgment. The county clerk merely collects the recording fee and then files the document of record, mistakes and all.  And more often than not the laymanís error or mistake is not discovered until years later, and then it may too late to easily correct (for example, the seller/grantor may be dead, and therefore cannot sign a correction deed . . . ).  Lastly, the transfer or ownership of land may be a taxable event which may have to be reported to the Internal Revenue Service.

I regularly assist clients in drafting, reviewing, interpreting, modifying, and negotiating  all different types of deeds to meet their individual needs.
 

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