A special warranty deed can be used in Texas to convey title to real property. Special warranty deeds in this state will contain both express and implied warranties. A special warranty deed in Texas only warrants against defects, liens, and encumbrances arising by, through, or under the grantor. Even if a conveyance does not have express covenants of warranty, the words "grant" and "convey" will imply only the following covenants from the grantor: (a) That prior to the execution of the conveyance, the grantor has not conveyed the estate or any interest in the estate to any person other than the grantee and (b) that at the time of execution of the conveyance, the estate is free from any encumbrances (5.023).

A real property instrument, such as a special warranty deed can be recorded if it has been acknowledged, sworn to with a proper jurat, or proved according to law (12.001). Original signatures are required. The failure of a notary public to attach an official seal to an acknowledgment or other proof taken in a state other than Texas will render the acknowledgment invalid only if the jurisdiction in which the acknowledgement is taken requires the notary public to attach a seal (12.001d).To be effectively recorded, an instrument relating to real property must be eligible for recording and must be recorded in the county where the property, or a part of the property, is located (11.001).

Recording an instrument is necessary to provide constructive notice. When a special warranty deed has been properly recorded in the county where the property is located, the instrument is deemed to impart constructive notice of the contents to all persons. Additionally, the instrument will be part of the public records and is open to inspection (Sec. 13.002). A special warranty deed will be void as to a creditor or subsequent purchaser for a valuable consideration without notice unless the deed has been acknowledged, sworn to, or proved and filed for record (Sec. 13.001). Unrecorded special warranty deeds are binding on the parties to the instrument, on the parties' heirs, and on a subsequent purchaser who does not pay a valuable consideration or who has notice of the instrument (Sec. 13.001c).

(Texas Special Warranty Deed Package includes form, guidelines, and completed example)

How to Use This Form

Select your county from the list above
Download the county-specific form
Fill in the required information
Have the document notarized if required
Record with your county recorder's office

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Common Uses for Special Warranty Deed

Transfer property held in joint tenancy
Convey property to a new owner after a private sale
Add or remove a name from a property title
Convey property received through inheritance
Transfer ownership to a living trust
Gift real estate to a family member or loved one

Compare other Texas deed forms and documents

Quitclaim Deed Gift Deed Warranty Deed Grant Deed Correction Deed Transfer on Death Deed Transfer on Death Revocation Enhanced Life Estate Deed Easement Deed Termination of Easement Executor Deed Administrator Deed Texas Affidavit of Heirship Trustee Deed Certificate of Trust Disclaimer of Interest Mineral Deed Mineral Quitclaim Deed Specific Power of Attorney for the Purchase of Property Specific Power of Attorney for the Sale of Property Statutory Durable Power of Attorney Demand for Payment Notice of Contractual Retainage Notice of Specially Manufactured Materials Preliminary Notice to Original Contractor Preliminary Notice to Owner and Original Contractor Affidavit of Lien Request for Information from Owner Request for Information from Subcontractor Request for Information from Original Contractor Conditional Waiver and Release on Progress Payment Conditional Waiver and Release on Final Payment Unconditional Waiver on Progress Payment Unconditional Waiver on Final Payment Release of Lien Contract for Deed Memorandum of Contract Deed of Trust and Promissory Note Release of Lien - by Deed of Trust and Note Appointment of Substitute Trustee for Deed of Trust Assignment of Deed of Trust Collateral Assignment of Note and Liens (Security Agreement) Release of Collateral Transfer of Note and Lien Collateral Assignment of Leases, Rents and Rights Release of Collateral Assignment of Leases and Rents Lis Pendens Lis Pendens Release

Important: County-Specific Forms

Our special warranty deed forms are specifically formatted for each county in Texas.

After selecting your county, you'll receive forms that meet all local recording requirements, ensuring your documents will be accepted without delays or rejection fees.

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