Property Ownership, Transfer, and Title
Forms of ownership
Tenancy in common has no survivorship and is freely inheritable. Joint tenancy with right of survivorship exists in Texas only when expressly stated. Married couples are presumed to hold community property; separate property is owned before marriage, acquired by gift or inheritance, or created by partition agreement. Homestead protection covers an urban home on up to 10 acres, or 100 rural acres (single) / 200 (family), and shields the property from forced sale except for taxes, purchase money, and properly perfected improvement liens.
Conveyancing
A deed must name grantor and grantee, show intent to convey, be signed by the grantor, contain a sufficient legal description, and be delivered. General warranty carries six covenants; special warranty covers only the grantor's own acts; quitclaim carries no warranty. Recording gives constructive notice; Texas recording statutes reward recording. Adverse possession periods to know: 10-year (use and cultivation), 5-year (with taxes paid), 25-year, and 3-year under color of title.
Title insurance
Texas uses TDI-promulgated policies: the T-1 owner's policy (amount generally the purchase price) and the T-2 lender's policy (loan amount). Escrow officers and title agencies are regulated by TDI, not TREC.
Traps
- Describing an easement by necessity as an easement by prescription.
- Confusing a quitclaim with a special warranty deed.
- Assuming joint tenancy without express survivorship language.
Rule of thumb
D-I-S-S - Delivery, Intent, Signed, Sufficient description.