Deed

A deed is the actual physical instrument of conveyance. For a deed to be valid in Texas, it must be in writing, signed by a competent grantor, identify the grantee, contain a granting clause, have an adequate legal description, and be delivered to and accepted by the grantee.

Texas-Specific Nuance & Citation

Under the Texas Property Code § 5.021, a conveyance of an estate of inheritance, a freehold, or an estate for more than one year must be in writing and signed by the conveyor. Furthermore, to be recorded in public county records, a deed must be acknowledged before a notary public.

The Trap

A very common exam trap is assuming that a deed must be recorded in county public records to be legally valid. In Texas, an unrecorded deed is fully valid and binding between the grantor and grantee; recording is simply required to give constructive notice to third parties.

Worked Example

A seller signs a General Warranty Deed in Houston, transferring ownership of their home to a buyer. The seller hands the deed to the buyer at the closing table, and the buyer accepts it. Title has legally transferred. Even if the buyer wait three weeks to record the deed in Harris County, they are the legal owner.