Smith County Grant Deed (Individual Grantor) Form

A Texas grant deed carries something a quitclaim does not and a warranty deed does more of: two covenants of title that the words grant and convey supply by statute. This form prepares a grant deed for a single grantor under Chapter 5 of the Texas Property Code, conveying the property itself with those two covenants and no broader warranty.

The Two Covenants a Grant Deed Carries

Texas Property Code Section 5.023 is what makes a grant deed a grant deed. Unless the deed provides otherwise, the words grant and convey imply two promises from the grantor: that the grantor has not already conveyed the property or any interest in it to someone else, and that the property is free of encumbrances the grantor made. Section 5.023 lets a grantee sue on either covenant as if the deed had spelled it out. The covenants are deliberately narrow. They reach only the grantor's own acts, not the entire chain of title, so they do not promise that title is otherwise clear and do not answer for a defect that existed before the grantor owned the property.

Where the Grant Deed Sits Among Texas Deeds

The covenant a deed makes, not the label it wears, is what separates the Texas deed forms. A general warranty deed defends title against all claims. A special warranty deed defends only against claims arising by, through, or under the grantor. A grant deed makes neither warranty; it makes only the two Section 5.023 covenants. A deed without warranty goes one step further and uses the express exclusion that Section 5.023 allows to remove even those two covenants. A quitclaim deed makes no covenant and conveys only whatever interest the grantor may happen to hold.

The Line Between a Grant Deed and a Deed Without Warranty

These two forms look almost identical: both convey the property, and neither adds a warranty. The difference is a single clause. A deed without warranty contains the Section 5.023 express exclusion, which strips out the two implied covenants. A grant deed leaves that exclusion out, so the covenants stay. This form is drafted to keep them: it states that the deed does not provide otherwise as to the covenants the words grant and convey imply, and it disclaims only the broader general and special warranties.

Who This Form Describes

The form recites a single grantor conveying to one or more grantees for consideration. When the property is a homestead and the grantor is married, Texas Family Code Section 5.001 calls for the grantor's spouse to join in the conveyance, and the form carries a joinder block and a separate notary certificate for that spouse; the joining spouse conveys nothing and warrants nothing. When the grantor is unmarried or the property is not homestead, the joinder block stays blank.

What Is Included

• The blank form as a fillable PDF, completed on screen or printed and completed by hand
• A plain language guide that walks through every numbered section: what each blank asks, where the information comes from, and what a correct entry looks like
• A completed example showing the entire document filled in for a realistic Texas fact pattern

The document is formatted for Texas recording standards: letter size pages within the dimensions of Local Government Code Section 191.007, body text well above the 8 point minimum, the notice of confidentiality rights required by Property Code Section 11.008 in 12 point boldfaced capitals at the top of the first page, and reserved space on page one for the county clerk's recording stamp. The instructions page included with the form describes how an entry that outgrows its space continues on a recorded exhibit page, so the printed document stays free of worksheet style captions.

Related Texas Forms

The Texas Deed Without Warranty conveys the property with no covenant of title, using the express exclusion this form leaves out. The Texas Quitclaim Deed conveys only the grantor's right, title, and interest, if any. The Texas Gift Deed records a transfer made without consideration. A conveyance by two or more co-owners is described by a joint grantor form.