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- It is also important to understand that in Texas, a valid deed must be drafted by an attorney. Simply writing up a deed on your own and having it notarized does not make the document legally binding. To ensure any transfers of land, homes, and property are done correctly, be sure to have an attorney’s help drafting and wording a deed.
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Jul 4, 2024 · Working with a competent real estate attorney can help ensure that your deed is drafted correctly and contains all necessary information. An experienced attorney can also help you navigate any potential issues or complications that may arise during the drafting and execution process.
Jan 3, 2024 · In this comprehensive guide, we will delve into the various aspects of real estate deeds in Texas, exploring their types, key components, and the significance they hold in property transactions. The Law Offices of Jesus R Lopez can assist you in drafting deeds for selling or buying property.
May 11, 2023 · This article explains some fundamental concepts behind property deeds in Texas. It explains what deeds are for, the types of deeds, and why it is important to seek professional assistance in preparing deeds.
- What Is A Deed?
- Deed Considerations Begin with The Contract
- Survival of Contract Terms
- Using A Special Provisions Addendum
- Technical Wording Not Required
- Minimum Deed Requirements
- What Interests Can A Deed convey?
- Must Deeds Show The Actual Purchase Price?
- Property Description in The Deed
- Lot and Block Descriptions Versus Metes and Bounds
A deed is a written instrument that conveys legal and equitable title to real property—in most cases this means afee simple estate which is the highest level of ownership. “An absolute or ‘fee simple’ estate is one entitling the owner to the benefits of that estate during his life and descending to his heirs, devisees, and legal representatives on ...
Parties to a transaction should carefully consider the content of the deed before the earnest money contract is signed. If a party knows in advance that certain deed wording will be required then the contract (or its addenda) must say so. Otherwise, the other party will be under no obligation to agree to custom language. The resulting title company...
Some contract terms might survive closing and some might not. This can significantly affect the post-closing liability of the parties and the potential for future litigation. The doctrine of merger states that the terms of the contract merge into the deed in the absence of an express survival clause. “The merger doctrine provides that when a deed i...
A special provisions addendum can benefit both buyer and seller by (1) clarifying merger and survival issues and (2) adding custom contract clauses and provisions that are not found in the TREC Contract. Inclusion of a deed “as is” clause for the seller is only one example of a custom clause; another might be an assignment of warranties clause for ...
Technical wording is not required in a Texas deed. “Words previously necessary at common law to transfer a fee simple estate are not necessary” (Prop. Code Sec. 5.001). “For a deed or instrument to effect conveyance of real property, it is not necessary to have all the formal parts of a deed formerly recognized at common law or to contain technical...
Although technical wording is not required, there are certain minimum rules that apply if a deed is to be valid. For instance, the parties should be named, the intent to convey property must be clear from the wording, the property must be sufficiently described, and the deed must be signed by the grantor and delivered to the grantee. Gordon v. W. H...
Deeds can convey a wide range of property interests. It is presumed, however, that a deed is intended to convey fee simple title “unless the estate is limited by express words or unless a lesser estate is conveyed or devised by construction or operation of law” (Prop. Code Sec. 5.001). A fee simple estate “is one entitling the owner to the benefits...
No. In fact, it is customary in Texas to recite that the consideration paid is “ten dollars and other valuable consideration.” Confidentiality is the reason. While recording gives the public notice that a transaction has occurred and therefore preserves the chain of title, it is Texas tradition that the actual purchase price is not the public’s bus...
The Texas rule is that the property description in a deed is sufficient if it identifies the property with reasonable accuracy. Morrow v. Shotwell,477 S.W.2d 538 (Tex. 1972). A title company “examiner should ascertain that the description in the instruments involved in a chain of title sufficiently describes the land so that it can be identified an...
In some cases lengthy metes and bounds are used to describe property rather than the usual lot and block descriptions commonly found in residential subdivisions. These need to be evaluated carefully by a prospective buyer. If a legal description is outdated or if there is any doubt as to its present accuracy (e.g., it refers to an “old oak tree for...
Oct 10, 2024 · Under Texas law, any transaction or conveyance of real estate must be done in writing. The best practice in light of these laws is to have a formal, written deed drafted so that property can be conveyed from one person to another.
Deed Transfer Attorneys in Austin, Texas. A deed is a legal document critical to defining property ownership. If you need to transfer ownership of a property, it is important that you have an experienced, qualified real estate attorney draft the new deed. The Daves Law Firm can assist you with:
May 1, 2023 · Need to create a deed to Texas real estate? Each of our deeds is attorney-designed to meet the requirements of Texas law. Click the link below to create a deed online to transfer Texas real estate. Get Your Deed Today
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