Special Warranty Deed TX

A Special Warranty Deed is a document that transfers title with both express and implied warranties. However, unlike in a General Warranty Deed, the Grantor only warrants the title from the time the Grantor has owned the property. A sample conveyance clause is detailed below:

Sample Conveyance Clause

Grantor, for the Consideration and subject to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty, grants, sells, and conveys to Grantee the Property, together with all and singular the rights and appurtenances thereto in any way belonging, to have and to hold it to Grantee and Grantee's heirs, successors, and assigns forever. Grantor binds Grantor and Grantor's heirs and successors to warrant and forever defend all and singular the Property to Grantee and Grantee's heirs, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof when the claim is by, through, or under Grantor but not otherwise, except as to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty.

Why Use This Type of Deed?

The Special Warranty Deed is a very common type of deed used in commercial transactions. While it provides protection for the Grantee for claims arising through the Grantors ownership, it does not protect the Grantee from defects in title occurring prior to the ownership of the Grantor. Like in General Warranty Deeds, the warranty can be limited via "subject to" clauses in the deed. The conveyance itself can also be limited via reservations in the deed by the Grantor. It is wise to consult a real estate attorney about the use of Special Warranty Deeds in Texas. Feel free to use the form below to request a free consultation or call our office during regular business hours.