Land Deed Warranty Law in Texas

Texas land deed warranties offer the buyer varying degrees of protection about title disputes.

Deed warranties for real estate, while similar to warranties on consumer products, cover a much different set of rights. In Texas, there are three types of deed warranties that may accompany a land purchase: general, special, and quitclaim. They give the buyer varying degrees of protection that may arise from disputes about the title to the property.

General Warranty Deed

In Texas, when a piece of real estate is conveyed with a general warranty deed, the seller is protecting the buyer from any defects in the title past, present, and future that may arise during the seller's possession of the land.

Special Warranty Deed

In Texas, a special warranty deed, also called limited warranty deed, usually contains the same covenants as a general warranty deed, though it only applies them to any defects in title that may have occurred while the seller was in possession of the land.

Quitclaim Warranty Deed

Quitclaim deeds offer the least protection of the three. When a piece of real estate is sold with quitclaim deed warranty, the seller only conveys whatever rights or interests she may have in the real estate.

General Requirements of Any Warranty Deed

In Texas, a warranty deed must also be in writing, be signed, identify the parties involved, contain words of conveyance, and describe the involved property in adequate terms. It must also be delivered to and accepted by the grantee.

References

• LexisNexis: Property
• LexisNexis: Covenants

Resources

• Texas Deeds