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A Texas special warranty deed is a deed with limited title warranties. Its grantor promises to defend the title only against claims that arise by, through or under the grantor. This page offers a deed builder, a sample and the Texas signing rules.
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A special warranty deed in Texas is a deed that passes ownership of land from a grantor to a grantee, with a title promise limited to claims that arise by, through or under the grantor. Problems caused by owners before the grantor fall outside that express warranty. If the deed uses "grant" or "convey", the two covenants implied by Tex. Prop. Code § 5.023(a) still apply, unless the deed expressly provides otherwise.
The grantor is the seller and current owner of the property. The grantee is the buyer who receives it. The deed names both of them, describes the land and states the payment the grantor receives.
The limit in the warranty clause is the main difference from a general warranty. A buyer who takes this deed accepts that the warranty clause does not reach claims from earlier owners, or covers them another way, for example with title insurance. FormsPal also has a special warranty deed form page and a list of all deed forms.
A Texas warranty deed example shows each part of the form filled in: the date, the county, the grantor, the grantee, the payment, the legal description and the warranty clause. The entries below use made-up names, so replace each entry with the real details of your transfer before you print the deed.
Example only. Made-up entries for each part of the deed:
| Part of the form | Sample entry |
|---|---|
| Calendar date | June 12, 2027 |
| County | Example County, Texas |
| Grantor | Anna Baker, 123 Main Street, Springfield |
| Grantee | Ben Carter, 45 Oak Avenue, Riverton |
| Payment amount | $250,000 |
| Legal description | Lot 7, Block 3, Maple Grove Subdivision |
Sample special warranty clause: "Grantor binds Grantor and Grantor's heirs to warrant and forever defend the title to the Property to Grantee against every person lawfully claiming it or any part of it, when the claim is by, through or under Grantor, but not otherwise."
The words "by, through or under Grantor, but not otherwise" are what make the warranty special. They narrow the promise to claims that come from the grantor's own acts. Delete them and the clause reads like a general warranty.
A general warranty deed in Texas defends the title against every claimant, while the special form defends it only against claims that arise through the grantor. The short form in Tex. Prop. Code § 5.022(a) conveys a fee simple estate in real property with a covenant of general warranty.
| Point of comparison | General warranty | Special warranty |
|---|---|---|
| Whom the title promise covers | "Every person whomsoever, lawfully claiming or to claim the same," in the short form of Tex. Prop. Code § 5.022(a) | Claims by, through or under the grantor, as the deed's own warranty clause says |
| Short form in the Property Code | Yes, Tex. Prop. Code § 5.022(a) | None in Tex. Prop. Code § 5.022(a) |
| Effect of the words "grant" or "convey" | The two covenants of Tex. Prop. Code § 5.023(a), unless the conveyance expressly provides otherwise | The same two covenants, unless the conveyance expressly provides otherwise (Tex. Prop. Code § 5.023(a)) |
| FormsPal form | General warranty form for Texas | The builder on this page |
Under Tex. Prop. Code § 5.023(a), unless the conveyance expressly provides otherwise, the use of "grant" or "convey" in a conveyance of a fee simple estate implies only these covenants of the grantor and the grantor's heirs:
A buyer who wants a promise that reaches every earlier owner asks for a Texas general warranty deed instead.
A Texas quitclaim deed passes whatever interest the grantor holds, with no promise about the title. A deed without warranty gives no warranty of title, but if it uses "grant" or "convey" it still implies the two covenants of Tex. Prop. Code § 5.023(a), unless the deed expressly provides otherwise. The special form sits between these deeds and the general form: the buyer gets a promise, but a limited promise.
A Texas special warranty deed fits a transfer where the seller will stand behind the title against claims by, through or under the seller, but not against claims from anyone else. These are the usual cases:
Choose the general form when the buyer asks for the widest title promise. Choose a quitclaim deed when the grantor makes no title promise at all.
To fill out a Texas special warranty deed, answer the questions in the FormsPal builder, then check that the date, the county, both parties, the payment, the legal description and the warranty clause are complete. Follow these steps for each part of the finished deed:
A deed usually holds these parts. The list does not name every notice a Texas deed may need, so ask the county clerk or a local attorney before you sign.
Read the finished deed from top to bottom before anyone signs it. Check these points against the details you gathered:
A Texas special warranty deed may not be recorded unless the grantor signs it and acknowledges or swears to it in the presence of two or more credible subscribing witnesses, or acknowledges or swears to it before an officer authorized to take acknowledgements or oaths who certifies it, as applicable (Tex. Prop. Code § 12.001(b)).
An instrument concerning real property may be recorded if it has been acknowledged, sworn to with a proper jurat, or proved according to law (Tex. Prop. Code § 12.001). A deed signed before subscribing witnesses therefore still needs its signature proved according to law before it may be recorded (Tex. Prop. Code § 12.0011).
Under Tex. Prop. Code § 5.021, a conveyance of an estate of inheritance, a freehold, or an estate for more than one year, in land and tenements, must be in writing and must be subscribed and delivered by the conveyor or by the conveyor's agent authorized in writing.
Under Tex. Prop. Code § 12.0011, a paper deed may not be recorded or serve as notice unless, among other conditions, it contains an original signature or signatures that are acknowledged, sworn to with a jurat, or proved according to law.
If the grantor is married or the land is a homestead, ask a local attorney whether the spouse signs the deed too.
If you present the deed in person for recording, Tex. Prop. Code § 12.001(b) says the deed may not be recorded unless you present a photo identification to the county clerk, as Section 191.010 of the Local Government Code requires. The seller and the buyer need to contact the clerk’s office in the county where the property is located.
These answers cover the questions people ask most often while they prepare this deed form online, from the builder to the attorney question.
Yes. Click Create My Document, answer a few simple questions, and the builder creates the deed for you. You can save your progress, finish on any device, and download the deed to print.
You get a Texas warranty deed by preparing it, signing it and delivering it to the grantee. The builder on this page prepares the text, and the signing section above explains the acknowledgment under Tex. Prop. Code § 12.001.
You can prepare the deed text yourself with the builder on this page. Ask a local attorney when the title has liens, several owners or other open questions.
The grantee benefits the most, because the warranty is the grantor's promise to the buyer. The widest promise is the general warranty in the short form of Tex. Prop. Code § 5.022(a), where the grantor agrees to defend the premises "against every person whomsoever, lawfully claiming or to claim the same."
A warranty deed gives the buyer more, since a quitclaim deed makes no promise about the title. A quitclaim deed suits transfers between people who trust each other fully, such as close relatives.
Deliver the original signed and acknowledged deed to the grantee, because Tex. Prop. Code § 5.021 requires a conveyance to be subscribed and delivered by the conveyor. The original, not a copy, then goes to the county clerk for recording: a paper deed may not be recorded or serve as notice unless it contains an original signature or signatures that are acknowledged, sworn to with a jurat, or proved according to law (Tex. Prop. Code § 12.0011). If you are unsure about the next step, ask the County Clerk’s Office or a local attorney.
General information, not legal or tax advice.
