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Texas Quitclaim Deed

As a Texas instrument of conveyance, a quit claim deed must be in writing and must be subscribed and delivered by the grantor (sec 5.021). The form of a conveyance, as dictated by Texas Property Code Annotated 5.022, states that a covenant of warranty is not required in a conveyance. A quit claim deed does not offer a covenant of warranty and only conveys whatever title to the property that grantor has at the time. Even if a conveyance, such as a quit claim deed, does not have express covenants of warranty, the words "grant" or "convey" will establish the implied covenants of warranty that (1) the grantor has not conveyed any interest in the estate to persons other than the grantee prior to the conveyance and (2) that at the time of execution, the estate is free from encumbrances (Tex. Prop. Code Ann. 5.023).
 

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