top of page

General Warranty Deeds in Texas: What Property Owners Need to Know

A deed is one of the most important documents involved in transferring Texas real estate. However, not all deeds provide the same legal protections.

A general warranty deed provides broad warranties regarding the title to the property. Buyers, sellers, investors, and property owners should understand what these warranties mean before transferring or accepting ownership of real estate.

Choosing the appropriate deed and ensuring that it is properly prepared can help prevent ownership disputes, title problems, and other legal complications.

Walter Law, PLLC assists buyers, sellers, investors, and property owners with deeds, property transfers, title issues, and other Texas real estate matters.

 

What Is a General Warranty Deed?

A general warranty deed is a deed used to transfer ownership of real property from one party to another.

The person transferring the property is generally known as the grantor, while the person receiving the property is known as the grantee.

What distinguishes a general warranty deed from certain other types of deeds is the scope of the warranties provided by the grantor regarding the property’s title.

Through a general warranty deed, the grantor generally provides warranties covering the entire history of the property’s title, including periods before the grantor owned the property.

 

What Protections Does a General Warranty Deed Provide?

A general warranty deed generally provides broad assurances regarding the property’s title.

Depending on the circumstances and language of the deed, these warranties may address issues such as:

  • The grantor’s ownership of the property

  • The grantor’s legal authority to transfer the property

  • Claims against the property’s title

  • Certain title defects

  • The right of the grantee to possess and use the property without certain ownership claims

Because these warranties can extend beyond the period during which the grantor owned the property, understanding the legal obligations created by a general warranty deed is important for both parties.

 

What Is the Difference Between a General Warranty Deed and a Special Warranty Deed?

The primary difference involves the scope of the warranties provided by the grantor.

A general warranty deed generally provides warranties covering the property’s entire title history.

A special warranty deed generally limits the warranties to certain title problems that arose while the grantor owned the property.

This distinction can significantly affect the rights and potential liabilities of the parties.

Buyers and sellers should understand which type of deed is being used and what legal protections or obligations it may create.

 

Is a General Warranty Deed the Same as Title Insurance?

No.

A general warranty deed and title insurance serve different purposes.

The warranties contained in a deed involve promises made by the grantor concerning the property’s title.

Title insurance provides coverage for certain title defects and claims according to the terms, exclusions, and exceptions of the insurance policy.

In many Texas real estate transactions, buyers may receive a warranty deed and an owner’s title insurance policy. However, one does not necessarily replace the other.

 

When Are General Warranty Deeds Used in Texas?

General warranty deeds may be used in various types of real estate transactions.

Examples may include:

  • Residential property sales

  • Commercial real estate transactions

  • Transfers between individuals

  • Certain family property transfers

  • Investment property transactions

However, a general warranty deed may not be appropriate for every property transfer.

The type of deed used should reflect the circumstances of the transaction and the intentions of the parties.

 

What Information Is Included in a General Warranty Deed?

A properly prepared deed may include information such as:

  • The identity of the grantor

  • The identity of the grantee

  • The legal description of the property

  • The consideration involved in the transfer

  • The granting language

  • The warranties provided

  • Reservations or exceptions

  • Signature and acknowledgment requirements

The legal description is particularly important because it identifies the property being transferred.

Errors in a deed or legal description may create title problems and complications when the property is later sold or transferred.

 

Does a General Warranty Deed Prove Clear Title?

Not necessarily.

A general warranty deed provides certain warranties from the grantor, but the existence of the deed alone does not guarantee that the property is free from every possible title issue.

Potential problems may include:

Reviewing the title commitment and other property records before closing may help identify potential concerns.

 

What Happens If There Is a Title Problem After the Property Is Transferred?

If a title problem is discovered after a transfer involving a general warranty deed, the rights and responsibilities of the parties depend on the circumstances.

Relevant considerations may include:

  • The language of the deed

  • The nature of the title defect

  • When the problem arose

  • Whether title insurance coverage exists

  • The warranties provided by the grantor

  • Applicable legal claims and deadlines

Resolving the issue may involve reviewing deeds, title records, closing documents, and other information related to the transaction.

 

Can You Prepare Your Own General Warranty Deed?

Property owners may find deed forms and templates online, but using a generic document without understanding its legal effect can create significant problems.

Common deed mistakes may involve:

  • Incorrect legal descriptions

  • Naming the wrong parties

  • Using inappropriate deed language

  • Failing to address existing ownership interests

  • Creating unintended title problems

  • Failing to properly execute or record the deed

  • Using the wrong type of deed for the transaction

A deed may appear simple, but errors can affect ownership rights for years and may not be discovered until the property is sold, refinanced, inherited, or involved in a dispute.

 

What Should You Know Before Calling a Real Estate Attorney?

Before contacting a real estate attorney about preparing, reviewing, or correcting a general warranty deed, gathering relevant documents and information may help the attorney evaluate the transaction.

Helpful materials may include:

  • The current deed

  • The title commitment

  • The property’s legal description

  • The purchase contract, if applicable

  • The title insurance policy

  • Prior deeds

  • Property surveys

  • Probate documents, if the property was inherited

  • Information about liens or mortgages

  • The names of all current and intended property owners

You should also be prepared to explain why the property is being transferred, who currently owns the property, who will receive ownership, and whether money or other consideration is involved.

The appropriate deed and transfer process may depend on the purpose of the transaction and the ownership history of the property.

 

Frequently Asked Questions About General Warranty Deeds in Texas

Does a general warranty deed transfer ownership?

A properly prepared, executed, and delivered general warranty deed may be used to transfer ownership of Texas real property.

Is a general warranty deed better than a special warranty deed?

Not necessarily. The appropriate type of deed depends on the transaction, the parties, and the scope of warranties they intend to provide.

Does a general warranty deed need to be recorded?

Recording a deed in the appropriate county property records provides public notice of the transfer and is an important part of protecting property ownership interests.

Can a general warranty deed be changed after it is signed?

Correcting or changing a deed may require additional legal documents or other action depending on the circumstances.

Can I use a general warranty deed to transfer property to a family member?

Potentially. However, family property transfers can involve title, tax, estate planning, mortgage, and other considerations that should be evaluated before completing the transfer.

What happens if there is a mistake in the deed?

The appropriate solution depends on the type of mistake. Some errors may be addressed through corrective documents, while more complicated title issues may require additional legal action.

 

Learn More About Texas Real Estate Law

Deeds and property transfers often overlap with other issues involving ownership, title, probate, and real estate transactions.

Explore our related Texas real estate law resources:​

​

Speak With a Texas Real Estate Attorney About a General Warranty Deed

The type of deed used to transfer property can create important legal rights and obligations for both the person transferring the property and the person receiving it.

Preparing the appropriate documents and understanding the condition of the property’s title may help prevent future ownership disputes and title problems.

Walter Law, PLLC assists Texas buyers, sellers, investors, and property owners with deeds, property transfers, title issues, and other real estate matters.

Contact Walter Law, PLLC to schedule a consultation with a Texas real estate attorney.

bottom of page