Texas Land Titles & Deeds: How is land bought and sold?

Texas land titles are bought and sold through a sometimes-complex process. When an owner of property properly purchases land, the transaction is memorialized by use of a deed. A deed describes the property, explains who the parties are in the transaction, provides for any limitations as to what is being conveyed, and legitimizes ownership in the new buyer. Deeds can come in many different forms and may say a variety of different things, but the point is the deed is an avenue for the conveyance of real property interests in land. Deeds are recorded in the County Clerk’s Office in which the land is situated to give constructive notice[1] to the public of the interest exchanged and now owned by the purchaser. 

Why do you need a deed? 

Well, because if you don’t record a deed in the County Clerk’s Office in the county in which the land sits, then you have no proof of your new ownership. Deeds protect purchasers of real property from the nefarious bad acts of fraudulent sellers. For example, say landowner A sells Greenacre to buyer B who does not record his deed because he knows that landowner A is a “good guy”. But then, to the surprise of all, landowner A turns around and wrongfully sells Greenacre again to buyer C. If buyer C knew nothing of landowner A’s bad acts and purchased the land in good faith, then he is considered a bonafied purchaser for value. Therefore, his claim of right to the property would be superior to our poor friend buyer B whom did not record his deed.

Does land change?

Throughout time land changes hands frequently and as sellers sell and buyers buy the deed records become more complex and the effect is more divided ownership across tracts. The record is further complicated by death and the passing of land through probate or administration of estates. Research or examination of these titles throughout time is paramount to understanding if a seller of land owns any interest and what that interest is. In addition to interests changing, the land itself often changes as it is sold and divided, or tracts are expanded upon purchase of adjacent parcels. A survey can be a helpful tool to keep track of historical changes to actual tract boundaries and size. However, nothing beats plotting the tracts out through time on a map via metes & bounds.

What kind of interests in land are you talking about? 

Land is comprised of various valuable interests and is suitable for many different uses. These interests can be alienated freely, and the sale or production of certain interests in land is encouraged by the state. These interests consist of things like mineral Interests, interests in surface, water, royalty interests, interests in property for certain terms, or certain uses. Research into ownership of these interests is typically done by attorneys, landmen, and title companies but the record is preserved for anyone to contemplate in the County Clerk’s Office.  

Our law firm is well versed in title research matters as well as in our understanding of the various valuable interests in land. Reach out to us for assistance and get the most value possible out of your property.

[1] Texas Title Examination Standards, Standard 4.50

If you have an interest in the commentary above, please reach out to our firm so that we can provide legal advice for your unique situation. Nothing in the commentary above, alone, constitutes legal advice as it is purely hypothetical and educational, and it is not intended to, nor does it create, an attorney-client relationship with Traeger & Ricks, PLLC.