Legal Question in Real Estate Law in Texas

We have owned a piece of property through a special warranty deed since 1998. This deed does not mention warranty of title. The deed states:

"Grantor for the consideration and subject to the reservations from and exceptions to conveyance and warranty, grants, sells, and conveys to the grantee the property, together with all singular the rights and appurtenances thereto in any wise belonging, to have and to hold it, to grantee, grantee heirs, executors, successors, or assigns forever. Grantor hereby binds grantor, grantor heirs, executors, and successors to warrant and forever defend all and singular the property to grantee, grantee heirs, executors, succesors, administrators, and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the reservations from and exceptions to warranty, when the claim in by, through, and under grantor, but not otherwise."

We have tried to get a title from a title company and they stated that they could not give us claim to a title because it is not mentioned in the deed and that the original deed could have been based solely on possesion. We have kept the land up and fenced it in for over ten years now. Should we have any trouble getting clear title through possession with a this special warranty deed? And if possible, what steps can we take to get the clear Title.


Asked on 5/11/10, 8:25 pm

1 Answer from Attorneys

Ken Gober (Austin TX) Lee, Gober & Reyna

This will really only be an issue if you plan to sell the property to someone who will have to borrow money from a bank to buy the property OR if you are planning on borrowing money against the property.

Bottom Line: You need to speak with a local lawyer that handles property law issues to discuss all of your options, costs, and benefits.

To answer your question you could file a lawsuit in a District Court to Confirm your title in the property, but such a suit may be an unnecessary expense if you have no need for it.

I am an Austin Divorce Lawyer and would be happy to help you find a local lawyer to assist you in this matter, give me a call: 512-478-8080.

Good Luck!

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Answered on 5/17/10, 5:04 pm


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