Deeds, title, and recording
A general warranty deed carries the broadest promises about title; a special warranty deed limits those promises to the grantor's period of ownership; a quitclaim conveys only whatever interest the grantor may have and is disfavored by many Texas title companies.
Recording in the county real property records under Chapter 13 protects a purchaser against later claims. Title insurance and a careful title commitment review remain the practical safeguards in most transactions.
Seller disclosure duties
Texas Property Code Section 5.008 requires most sellers of residential property with not more than one dwelling unit to deliver a written seller's disclosure notice describing the property's known condition.
Certain transfers are exempt, including some estate, foreclosure, and co-owner transfers. Failure to disclose known material defects is a common source of post-closing litigation.
Boundaries, easements, and access
Easements may be created by express grant, by necessity, by estoppel, or by prescription. A current survey is the single most useful document in a boundary or encroachment dispute.
Adverse possession claims in Texas run on statutory limitations periods of 3, 5, 10, or 25 years depending on the claimant's basis of possession.
HOAs and landlord-tenant issues
Chapter 209 gives Texas homeowners procedural protections against property owners' associations, including notice and cure rights before certain enforcement actions and limits on foreclosure for assessments.
Residential eviction is a Chapter 24 forcible detainer proceeding filed in justice court, with strict notice requirements and a short appeal window.
Key Texas terms
- General warranty deed: A deed in which the grantor warrants title against all claims, including those arising before the grantor owned it.
- Title commitment: The title company's pre-closing document listing requirements and exceptions to coverage.
- Forcible detainer: The Texas eviction suit filed in justice court to recover possession of property.
Frequently asked questions
Does Texas require a seller's disclosure?
Yes, for most residential sales of a single dwelling unit under Texas Property Code Section 5.008, with statutory exemptions for certain transfers such as some estate and foreclosure sales.
How long is the adverse possession period in Texas?
Texas limitations periods for adverse possession are 3, 5, 10, or 25 years, depending on whether the claimant holds under color of title, pays taxes, or simply occupies the land.
Can a Texas HOA foreclose on my home?
An association may have the power to foreclose an assessment lien, but Chapter 209 imposes notice, cure, and procedural requirements first, and some foreclosures require a court order.