Texas Real Estate Contracts 4 th Edition © 2015 OnCourse Learning.

Texas Real Estate Contracts4th 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 20-12 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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