When it comes to real estate deeds in Texas, not all are created equal. The formatting can vary, depending on the attorney or individual drafting the deed. However, there are certain elements that must be included to ensure a valid Texas deed. In this article, we’ll explore the key components of a legal property description in Texas and what it means for both the grantor and grantee.
The Essentials of a Valid Texas Deed
To start, a valid Texas deed must contain the names of the grantor and grantee involved in the transaction. It should also clearly express the intent to transfer ownership of the property. Additionally, a sufficient description of the property being conveyed is required. Finally, the deed must be signed by the grantor and delivered to the grantee.
Deciphering the Definition of a “Sufficient” Property Description
One of the most debated topics in real estate law has been what constitutes a “sufficient” property description. While some may argue that a full legal description, including details about the neighborhood, lot, section, and block, is necessary, the truth is that flexibility exists.
According to legal precedents, a property description is considered sufficient if the writing itself, or by reference to another document, provides the means to identify the specific land being conveyed with reasonable certainty. In other words, as long as any reasonable rules of construction, aided by extrinsic evidence, make it possible to determine the intended property, the description is considered sufficient.
The Case of “Mrs. Keltn’s Farm”
To illustrate the extent of this definition, we can look at a 1937 Texas case. The property in question was described simply as “Mrs. Keltn’s farm in Haskell County.” Surprisingly, this description was deemed valid as long as evidence showed that Mrs. Keltn owned only one farm in that county at the time.
Potential Consequences and the Importance of Legal Assistance
While a vague property description may result in a valid transfer of ownership, it can lead to other issues down the line. For instance, a title company may refuse to insure a property with an unclear description. To avoid such complications, it is always wise to consult an experienced real estate attorney. Whether you’re drafting your own deed, unsure about a property description, or need to correct an existing deed’s description, an attorney can provide valuable guidance.
Trust the Experts at Garrity Traina
At Garrity Traina, we understand the intricacies of property law in Texas. Our experienced real estate attorneys can help you navigate the complexities of legal property descriptions, ensuring a smooth and secure transfer of ownership. Contact us today for a consultation and put your real estate concerns to rest.