{"id":12040,"date":"2020-07-28T09:32:43","date_gmt":"2020-07-28T14:32:43","guid":{"rendered":"https:\/\/legaltalktexas.hammerle.com\/?p=12040"},"modified":"2026-08-03T16:35:04","modified_gmt":"2026-08-03T21:35:04","slug":"types-of-property-deeds-texas","status":"publish","type":"post","link":"https:\/\/hammerle.com\/blog\/types-of-property-deeds-texas\/","title":{"rendered":"7 Common Types of Property Deeds in Texas"},"content":{"rendered":"

In Texas\u00a0<\/span><\/span>real estate transactions<\/span><\/span><\/a>, property deeds are extremely\u00a0<\/span>important,<\/span>\u00a0and<\/span>\u00a0there are formal conventions that pertain to them. For instance, to convey title to real estate in Texas, the grantor must execute a d<\/span><\/span>eed\u00a0<\/span>that is acknowledged before<\/span>\u00a0<\/span><\/span>a\u00a0<\/span>notary<\/span>\u00a0public. The deed must also be presented to and accepted by the grantee and then filed of record in the county clerk\u2019s office. This\u00a0<\/span>final step<\/span>\u00a0of filing puts the public on notice of the\u00a0<\/span><\/span>property<\/span><\/span>\u00a0transfer. Failure to file the deed can subject the property to future claims by third parties.<\/span><\/span>\u00a0<\/span><\/p>\n

What Is the Difference Between a Title and a Deed?<\/span><\/span>\u00a0<\/span><\/h2>\n

Before discussing the most common types of\u00a0<\/span>property deeds<\/span>,\u00a0<\/span>it\u2019s<\/span>\u00a0importa<\/span>nt to explain the difference between a title and a deed.<\/span>\u00a0<\/span>For real estate purposes, title refers to\u00a0<\/span>ownership<\/span>\u00a0of the property.\u00a0<\/span>Title<\/span>\u00a0means you have the right to use the property. In contrast, a real estate deed is the legal document that transfers title from one person to another.<\/span>\u00a0<\/span><\/span>That said,\u00a0<\/span>it\u2019s<\/span>\u00a0important to remember that the type of deed chosen for your\u00a0<\/span><\/span>real estate transaction<\/span><\/span><\/a>\u00a0matters, both\u00a0<\/span>regarding<\/span>\u00a0your rights and the deed\u2019s impact on any potential issues with the\u00a0<\/span>property<\/span>\u00a0title. Property deeds also relate to the kind of title insurance, if any, that is available to you.<\/span><\/span>\u00a0<\/span><\/p>\n

7 Common Types of Property Deeds in Texas<\/h2>\n

The following are the most common types of\u00a0<\/span><\/span>property\u00a0<\/span>deeds<\/span><\/span><\/a>\u00a0<\/span>you\u2019re<\/span>\u00a0likely to\u00a0<\/span>encounter<\/span>\u00a0in Texas:<\/span><\/span>\u00a0<\/span><\/p>\n

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  1. \n

    General Warranty Deed<\/h3>\n<\/li>\n<\/ol>\n

    A\u00a0<\/span>general\u00a0warranty deed<\/span><\/a>\u00a0is the most inclusive\u00a0type of deed. As the term\u00a0\u201cwarranty\u201d\u00a0implies, it\u00a0warrants\u00a0that the state of the title is good. This means that the buyer of the property\u2014the grantee\u00a0\u2014\u00a0has legal recourse against the seller \u2014the\u00a0grantor\u00a0\u2014 for any future claim to the property.<\/span>\u00a0<\/span><\/p>\n

    Here, the grantor guarantees\u00a0that\u00a0they have sole claim to the property and\u00a0that\u00a0no other entity has\u00a0a\u00a0claim or lien against\u00a0it.<\/span>\u00a0<\/span><\/p>\n

    This type of deed promises the new\u00a0titleholder\u00a0that they can legally\u00a0purchase, possess and enjoy the property. As such, it is the preferred instrument in transactions involving a mortgage lender and a title company. Obtaining a\u00a0general\u00a0warranty deed involves a thorough title search,\u00a0which means the buyer may be able to\u00a0purchase\u00a0a title insurance owner\u2019s policy for added protection and peace of mind.<\/span>\u00a0<\/span><\/p>\n

    It should be noted, however, that some grantors may not be comfortable making such broad warranties, particularly when title defects may have existed before the grantor obtained the property.<\/span>\u00a0<\/span><\/p>\n

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    1. \n

      Special Warranty Deed<\/h3>\n<\/li>\n<\/ol>\n

      A\u00a0special warranty deed is more limited and\u00a0is\u00a0preferred by grantors who are not comfortable granting a general warranty deed. With a special warranty deed, the grantor only\u00a0warrants\u00a0the property title for the time they owned it.<\/span>\u00a0<\/span><\/p>\n

      In other words, the grantor is only bound to defend against title defects that occurred during their period of ownership. Therefore, the special warranty deed does not offer\u00a0protection against\u00a0claims arising\u00a0before\u00a0the grantor\u2019s ownership.<\/span>\u00a0<\/span><\/p>\n

      This situation, in turn, can affect the protection that would otherwise be covered by a title insurance owner\u2019s policy and may leave the grantee without full protection against future title claims.<\/span>\u00a0<\/span><\/p>\n

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      1. \n

        Grant Deed<\/h3>\n<\/li>\n<\/ol>\n

        Because\u00a0this type of deed is less familiar than either a\u00a0general\u00a0warranty deed or special warranty deed, you might ask, \u201cWhat is a grant deed?\u201d<\/span>\u00a0<\/span><\/p>\n

        In Texas, a grant deed is an instrument\u00a0through which\u00a0a property owner can transfer real estate with implied covenants of title.\u00a0An implied covenant is an agreement that is not specifically\u00a0stated\u00a0but is assumed to be true by both parties involved.<\/span>\u00a0<\/span><\/p>\n

        By including the words\u00a0\u201cgrant\u201d\u00a0or\u00a0\u201cconvey\u201d\u00a0in the grant deed, the grantor guarantees that they have not transferred\u00a0title\u00a0to the property to anyone other than the grantee. Further, this language guarantees that, at the time of the legal\u00a0property transfer, the property is free from anything that would\u00a0prevent\u00a0the transfer.<\/span>\u00a0<\/span><\/p>\n

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        1. \n

          Deed of Trust<\/h3>\n<\/li>\n<\/ol>\n

          A deed of trust is not so much a deed in the traditional sense as it is part of the mortgage process. While a traditional warranty deed involves a grantor and a grantee, a deed of trust includes three parties:<\/span>\u00a0<\/span><\/p>\n