Texas Real Estate Contracts
4th Edition
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Chapter 13: Title Conveyances
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Title
• Voluntary Alienation
• Involuntary Alienation
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Voluntary Alienation
• A voluntary conveyance is a conveyance
made intentionally by the property owner.
• Two types of voluntary conveyances include
conveyances by deed and by will.
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Deeds
• The conveyance of title is in the form of a
deed.
• In the standard deed, the seller is referred to
as the grantor while the purchaser of the
property is referred to as the grantee.
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Types of Deeds
•
•
•
•
General warranty deed
Special warranty deed
Bargain and sale deed
Quitclaim deed
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--General Warranty Deed
• A general warranty deed is a deed that conveys
title to the property and warrants title to the
property against all defects in title that arose
both before and after the grantor took title to
the property.
• In real estate transactions in Texas, the general
warranty deed is the most common type of
deed used to convey real estate
• It is the default deed specified in the TREC 2012 form.
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--Special Warranty Deed
• A special warranty deed conveys title to the
property, but warrants only against the
grantor's own acts and not the acts of
others.
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--Bargain and Sale Deed
• A bargain and sale deed conveys title to the
property, but it does not contain any
warranties.
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--Quitclaim Deed
• A quitclaim deed transfers whatever interest
the grantor has in the property.
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Parts of a Deed
•
•
•
•
Premise
Habendum Clause
Warranty Clause
Execution
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Wills
• A will is a legal document that allows a
person to voluntarily distribute his or her
assets upon death.
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Involuntary Alienation
• Involuntary conveyances are conveyances
that occur unintentionally through no choice
of the property owner.
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Intestacy Law
• When a person dies without a will, he or she
is referred to as intestate.
• When a property owner dies intestate, Texas
statutory intestacy law dictates the
distribution of his or her property.
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Eminent Domain
• Eminent domain refers to the power of the
government to take private property for
public use for just compensation.
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Adverse Possession
• Adverse possession is an actual and visible
appropriation of real property, commenced
and continued under a claim of right that is
inconsistent with and is hostile to the claim
of another person.
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