Special Warranty Deed

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NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.


IMPORTANT LEGAL NOTICE
This template is provided for general informational purposes only and does not constitute legal advice. A Special Warranty Deed provides LIMITED warranty protection—the Grantor only warrants against title defects arising during Grantor's period of ownership. This deed does NOT protect against defects from prior owners. Consult a qualified Texas real estate attorney and obtain title insurance before use.


SPECIAL WARRANTY DEED

State of Texas


RECORDING INFORMATION

After Recording Return To:

Name: ________________________________________
Address: _____________________________________
City, State, ZIP: _____________________________

Prepared By:

Name: ________________________________________
Address: _____________________________________
State Bar No.: ________________________________

DEED INFORMATION

Field Information
County [COUNTY NAME], Texas
Property Address [STREET ADDRESS, CITY, TX ZIP]
Legal Description See Exhibit A
Consideration $[AMOUNT]
Date of Instrument [DATE]

PARTIES

GRANTOR (Seller/Current Owner):

Name: [GRANTOR FULL LEGAL NAME]

Mailing Address: [FULL ADDRESS]

Marital Status:
☐ A single person
☐ A married person, joined by spouse
☐ A married person, dealing with separate property

Entity Type (if applicable):
☐ A Texas limited liability company
☐ A Texas corporation
☐ A [State] limited liability company authorized to do business in Texas
☐ A [State] corporation authorized to do business in Texas
☐ Trustee of [Trust Name]


GRANTEE (Buyer/New Owner):

Name: [GRANTEE FULL LEGAL NAME]

Mailing Address: [FULL ADDRESS]

Manner of Holding Title:
☐ As a single person
☐ As husband and wife, as community property
☐ As husband and wife, as community property with right of survivorship
☐ As joint tenants with right of survivorship
☐ As tenants in common (____% and ____%)
☐ As a Texas limited liability company
☐ As a Texas corporation
☐ As Trustee of [Trust Name]


CONVEYANCE

Granting Clause

KNOW ALL PERSONS BY THESE PRESENTS:

That [GRANTOR NAME] ("Grantor"), of [COUNTY] County, Texas, for and in consideration of the sum of [WRITTEN AMOUNT] AND NO/100 DOLLARS ($[NUMERIC]) and other good and valuable consideration to Grantor in hand paid by [GRANTEE NAME] ("Grantee"), the receipt and sufficiency of which are hereby acknowledged, has GRANTED, SOLD, AND CONVEYED, and by these presents does GRANT, SELL, AND CONVEY WITH SPECIAL WARRANTY OF TITLE unto Grantee, of [COUNTY] County, Texas, all of that certain property situated in [COUNTY] County, Texas, and more particularly described in Exhibit A attached hereto and made a part hereof for all purposes (the "Property").


Property Conveyed

Together with all and singular the rights, privileges, and appurtenances thereto belonging, including but not limited to:

☐ All improvements, buildings, structures, and fixtures
☐ All easements and rights-of-way appurtenant to the Property
☐ All rights in and to adjacent streets, alleys, and roads
☐ All water rights appurtenant to the Property
☐ Any and all rights, title, and interest of Grantor in and to any land lying in the bed of any street, road, or highway in front of or adjoining the Property


Habendum Clause

TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereto in anywise belonging, unto Grantee, Grantee's heirs, successors, and assigns forever.


SPECIAL WARRANTY

Limited Warranty Covenants

Grantor hereby binds Grantor, Grantor's heirs, executors, administrators, successors, and assigns to WARRANT AND FOREVER DEFEND, all and singular the Property unto Grantee, Grantee's heirs, successors, and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof BY, THROUGH, OR UNDER GRANTOR, BUT NOT OTHERWISE, subject to the matters set forth herein.

Scope of Special Warranty

THIS IS A SPECIAL WARRANTY DEED. Grantor warrants title only against claims arising by, through, or under Grantor during Grantor's period of ownership. Grantor does NOT warrant against:

☐ Claims arising before Grantor acquired title
☐ Defects created by prior owners
☐ Encumbrances not created by Grantor
☐ Claims of parties not claiming under Grantor
☐ Matters of public record prior to Grantor's acquisition

Implied Covenants Under Texas Law

Pursuant to Texas Property Code § 5.023, the words "grant" and "convey" in this deed imply only that:

  1. Grantor has not previously conveyed the Property to another person; and
  2. The Property is free from encumbrances created by Grantor (other than those disclosed herein).

EXCEPTIONS TO WARRANTY

This conveyance is made and accepted SUBJECT TO the following:

Standard Exceptions

☐ Taxes for the current year, prorated as of closing
☐ Visible and apparent easements on the Property
☐ All presently recorded and validly existing restrictions, reservations, covenants, conditions, oil and gas leases, mineral interests, and easements, if any, affecting the Property
☐ Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or protrusions, or any overlapping of improvements
☐ Rights of parties in possession

Specific Exceptions

The following specific matters are excepted from the warranty:

  1. [LIEN/ENCUMBRANCE DESCRIPTION]
    Recorded in Volume _____, Page _____, Real Property Records of [COUNTY] County, Texas

  2. [EASEMENT DESCRIPTION]
    Recorded in Volume _____, Page _____, Real Property Records of [COUNTY] County, Texas

  3. [RESTRICTION DESCRIPTION]
    Recorded in Volume _____, Page _____, Real Property Records of [COUNTY] County, Texas

☐ See Exhibit B for additional exceptions


GRANTOR REPRESENTATIONS

Grantor represents and warrants as of the date of this deed:

Authority

☐ Grantor has full power and authority to convey the Property
☐ If entity: Grantor is duly organized, validly existing, and in good standing under Texas law
☐ If entity: This conveyance has been duly authorized by all necessary action

No Undisclosed Encumbrances

☐ Grantor has not created any liens or encumbrances against the Property except as disclosed herein

FIRPTA Compliance

☐ Grantor is not a "foreign person" as defined in 26 U.S.C. § 1445
☐ Grantor is a "foreign person" and FIRPTA withholding applies

Homestead Disclaimer (if applicable)

☐ The Property is NOT the homestead of Grantor
☐ The Property IS the homestead of Grantor and both spouses are executing this deed


ADDITIONAL PROVISIONS

Ad Valorem Taxes

Real property taxes for the year of closing shall be prorated as of the date of closing. Grantee assumes responsibility for all taxes for subsequent years.

Vendor's Lien (if applicable)

☐ No vendor's lien is retained
☐ A vendor's lien is retained to secure payment of $____________ as evidenced by [NOTE/DEED OF TRUST DESCRIPTION]

Mineral Interests (if applicable)

☐ All oil, gas, and mineral rights are conveyed with the surface estate
☐ The following mineral interests are excepted and reserved: [DESCRIPTION]


EXECUTION

EXECUTED this _____ day of _________________, 20_____.


GRANTOR SIGNATURE(S)

Individual Grantor:

________________________________________
[GRANTOR NAME]

Spouse of Grantor (if applicable):

________________________________________
[SPOUSE NAME]

Entity Grantor:

[ENTITY NAME]

By: ____________________________________
Name: __________________________________
Title: _________________________________

WITNESSES (Optional but Recommended)

Witness 1:
________________________________________
Printed Name: ___________________________

Witness 2:
________________________________________
Printed Name: ___________________________

ACKNOWLEDGMENTS

Individual Acknowledgment

STATE OF TEXAS          §
                        §
COUNTY OF _____________ §

Before me, the undersigned notary public, on this _____ day of _____________,
20_____, personally appeared ____________________________________________,
known to me (or proved to me on the basis of satisfactory evidence) to be
the person whose name is subscribed to the foregoing instrument and
acknowledged to me that he/she executed the same for the purposes and
consideration therein expressed.

Given under my hand and seal of office this _____ day of _____________, 20_____.

________________________________________
Notary Public, State of Texas
My Commission Expires: _________________

[NOTARY SEAL]

Corporate/Entity Acknowledgment

STATE OF TEXAS          §
                        §
COUNTY OF _____________ §

Before me, the undersigned notary public, on this _____ day of _____________,
20_____, personally appeared ____________________________________________,
known to me to be the _________________________ [title] of
_________________________________________________ [entity name], known to me
to be the entity whose name is subscribed to the foregoing instrument, and
acknowledged to me that the same was the act of the said entity, and that
he/she executed the same as the act of such entity for the purposes and
consideration therein expressed, and in the capacity therein stated.

Given under my hand and seal of office this _____ day of _____________, 20_____.

________________________________________
Notary Public, State of Texas
My Commission Expires: _________________

[NOTARY SEAL]

EXHIBIT A – LEGAL DESCRIPTION

Property Address:
[STREET ADDRESS]
[CITY], Texas [ZIP]

Legal Description:

[INSERT COMPLETE LEGAL DESCRIPTION FROM TITLE COMMITMENT OR SURVEY]

Example formats:

  • Lot ___, Block ___, [SUBDIVISION NAME], an addition to the City of [CITY], [COUNTY] County, Texas, according to the map or plat thereof recorded in Volume ___, Page ___, Plat Records of [COUNTY] County, Texas.

  • [METES AND BOUNDS DESCRIPTION]

County: [COUNTY], Texas


EXHIBIT B – SPECIFIC EXCEPTIONS (If Applicable)

[List all specific encumbrances, liens, easements, and restrictions that remain after closing]

  1. ________________________________________________________________

  2. ________________________________________________________________

  3. ________________________________________________________________


TEXAS RECORDING REQUIREMENTS

Filing Information

  • Filing Office: County Clerk, [COUNTY] County, Texas
  • Recording Fee: Varies by county (typically $26 for first page + $4 per additional page)
  • Documentary Transfer Tax: Texas does not impose a real estate transfer tax

Document Requirements

☐ Original signatures (electronic signatures accepted per Texas Property Code § 12.0013)
☐ Proper acknowledgment before notary public
☐ Minimum 8-point font size
☐ 1-inch margins on all sides (preferred)
☐ Confidentiality notice included (for natural persons)


TITLE INSURANCE NOTICE

IMPORTANT: Because this is a Special Warranty Deed with LIMITED warranties, Grantee is STRONGLY ADVISED to obtain an owner's policy of title insurance from a licensed Texas title insurance company. Title insurance will protect against defects from prior owners that are not covered by this deed's limited warranty.

☐ Grantee acknowledges receipt of this recommendation


END OF SPECIAL WARRANTY DEED

Texas Property Code, Title 2, Chapter 5

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About This Template

Real estate documents transfer ownership, define who can use a property, and record agreements between buyers, sellers, landlords, and tenants. Deeds, purchase agreements, leases, and easements have to be drafted to meet state recording requirements, and mistakes show up at closing or years later in title disputes. Good real estate paperwork moves transactions forward quickly and avoids the kind of problems that only surface when it is time to sell or refinance.

Important Notice

This template is provided for informational purposes. It is not legal advice. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.

Last updated: May 2026

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