In Texas, “instruments concerning property” (also known as “deeds”) may be properly recorded with the County Clerk in which the real property/real estate is located only if they contain certain elements.
Although deeds may differ in appearance and specific information, all valid deeds for the conveyance of real estate in Texas should meet the following 5 criteria:
#1. The instrument must be in writing.
#2. The instrument must be signed by the Grantor / conveyor. Note: The Clerk will only accept ORIGINAL signatures, unless the instrument is recorded electronically;
#3. The instrument must be “acknowledged, sworn to with a proper jurat, or proved according to law.” In this context, “proved according to law” means that the document is acknowledged or sworn to by the grantor in the presence of two or more credible subscribing witnesses or acknowledged or sworn to before (and certified by) an officer authorized to take acknowledgements or oaths (a Notary Public);
#4. The instrument must describe the property to be conveyed. “To be valid, a conveyance of real property must contain a sufficient description of the property to be conveyed.” AIC Mgmt. v. Crews, 246 S.W.3d 640, 645 (Tex. 2008). “A property description is sufficient if the writing furnishes within itself, or by reference to some other existing writing, the means or data by which the particular land to be conveyed may be identified with reasonable certainty.” Id. When a property conveyance fails to sufficiently describe the land being conveyed, the conveyance is void. Id.
#5. The instrument must be delivered by the Grantor or the Grantor’s authorized agent. Delivery is required, but it need not be actual or immediate. See Adams v. First Nat. Bank of Bells/Savoy, 154 S.W.3d 859, 869 (Tex.App. — Dallas 2005); Rothrock v. Rothrock, 104 S.W.3d 135, 138 (Tex. App.-Waco 2003, pet. denied).
For additional information on basic deed requirements, See Section 5.021, Texas Property Code. For a sample of the most basic deed form, See Section 5.022.
