Deed
A written instrument transferring ownership of real property from grantor to grantee. Texas recognizes three principal categories: general warranty deed (full title warranty), special warranty deed (warranty limited to grantor's ownership period), and quitclaim deed (no warranty; transfers only what the grantor has). Must be in writing, signed and delivered (Property Code § 5.021). Recording is not needed between the parties but protects the grantee against later buyers and creditors (§ 13.001).
A deed is a written instrument transferring ownership of real property from a grantor to a grantee. Texas law recognizes several categories of deeds, distinguished by the nature and scope of the warranty of title that the grantor provides. The choice of deed type is a substantive risk-allocation decision; the warranty is essentially insurance against title defects existing at the time of conveyance.
General warranty deed
A general warranty deed conveys property and warrants title against all defects arising before AND during the grantor's ownership period. This is the strongest warranty available and the standard deed type for arm's-length sales of fee-simple title.
Special warranty deed
A special warranty deed warrants title only against defects arising during the grantor's ownership, not against defects predating the grantor's acquisition. Common in commercial transactions, fiduciary sales (estates, trusts), foreclosures, and certain corporate transactions. Buyers receiving special warranty deeds typically rely on title insurance for protection against pre-grantor defects rather than the deed warranty.
Quitclaim deed
A quitclaim deed conveys whatever interest (if any) the grantor possesses, with no warranty. Used for clearing clouds on title (e.g., a former spouse releasing potential community property interest), correcting title defects, transfers among related parties, or transfers where the grantor expressly disclaims any warranty. Once a quitclaim deed has been recorded for four years, it does not affect a later purchaser's or creditor's good faith and is not notice of any unrecorded transfer or encumbrance (Tex. Prop. Code § 13.006).
Required elements
To be effective, a Texas deed must (1) be in writing; (2) identify the grantor and grantee; (3) include words of conveyance ("grant," "convey," "transfer"); (4) describe the property with reasonable specificity (legal description, not just street address); (5) be signed by the grantor; and (6) be delivered to the grantee. To bind subsequent bona fide purchasers without notice, the deed must be recorded with the county clerk in the county where the property is located. Recording requires an acknowledgment or oath before a notary or other authorized officer, or before two credible subscribing witnesses, and since December 4, 2025 anyone presenting the deed in person must show photo identification (§ 12.001(b)).
Statutory short form
Section 5.022 provides a statutory short form for warranty deeds. The form, or one the same in substance, conveys a fee simple estate with a covenant of general warranty, though no warranty is required in a conveyance (§ 5.022). Using "grant" or "convey" implies only two covenants: that the grantor has not already conveyed the estate and that it is free from encumbrances (§ 5.023). Custom-drafted deeds that omit or modify the statutory covenants must do so explicitly and clearly.
For Texas commercial buyers, the practical question is rarely "what deed type", title insurance is the primary risk-protection mechanism, and the deed type matters mostly at the margins. The exception is contract negotiations where the seller insists on a quitclaim deed, which leaves the buyer with no warranty claim against the seller if title fails. Estate and gift transfers within families, however, frequently use special warranty or quitclaim deeds without raising concern, context matters.