Section 5.022(a) of the Texas Property Code provides that “following form or a form that is the same in substance conveys a fee simple estate in real property with a covenant of general warranty” and lists the following text:
The State of Texas,
“County of ____________________.
“Know all men by these presents, That I, __________________, of the __________________ (give name of city, town, or county), in the state aforesaid, for and in consideration of __________________ dollars, to me in hand paid by __________________, have granted, sold, and conveyed, and by these presents do grant, sell, and convey unto the said __________________, of the __________________ (give name of city, town, or county), in the state of __________________, all that certain __________________ (describe the premises). To have and to hold the above described premises, together with all and singular the rights and appurtenances thereto in any wise belonging, unto the said __________________, his heirs or assigns forever. And I do hereby bind myself, my heirs, executors, and administrators to warrant and forever defend all and singular the said premises unto the said __________________, his heirs, and assigns, against every person whomsoever, lawfully claiming or to claim the same, or any part thereof.
“Witness my hand, this __________________ day of __________________, A.D. 19___.
“Signed and delivered in the presence of ____________________”
This form is very basic and leaves a lot to be desired. It doesn’t deal with the different ways that owners can hold title, the options for consideration, Texas community property law, Texas homestead, and many other important issues.
In practice, the statutory format is not an actual General Warranty Deed form as much as a way to determine the standard for language that creates warranties of title. Instead, attorneys and title companies use a form that is the “same in substance,” but contains other information needed to clarify and protect their rights. This additional information is permitted by subsection (c) of the statute, which provides that “parties to a conveyance may insert any clause or use any form not in contravention of law.”
Although the deed describes above conveys “a fee simple estate in real property with a covenant of general warranty,” section (b) of the statute states that a “covenant of warranty is not required in a conveyance.” This means that other forms of deeds—like Special Warranty Deeds or Quitclaim Deeds or Deeds Without Warranty—are also acceptable.