Common Mistakes To Avoid When Executing A General Deed

Buying a new property can be one of the most exciting events of one’s adult life. You’re ready to move forward and take on ownership of a new home, ranch, or wooded plot. But what about the legal aspects of transferring real estate? How can you be sure that crucial documents, such as deeds, are handled correctly?

Real estate legal documents can be incredibly complex, and the responsibilities that come with owning property are considerable. Since 1997, deed law attorney Farren Sheehan has helped Pflugerville, Texas families just like yours avoid critical (yet common) mistakes as they execute general property deeds.

What are these frequent mistakes, and how can an experienced property deed lawyer help you prevent them?

Mistake # 1 : Omitting Key Names Or Ownership Information

Details always matter, and nowhere is this more true than in legal documents. Because a deed is used to transfer property between owners and provides protections for the buyer against liens or ownership disputes, making sure that the names of all involved parties are included and correct is crucial.

Both the grantor and the grantee must be identified, and the full history of the property’s ownership must be accurate, all the way back to the property’s original owner.

A seasoned and attentive real estate deed attorney can ensure that all relevant ownership and transfer information is accurate and complete and protects you against disputes or controversies.

Mistake # 2 : Describing The Property Inaccurately

A correctly executed deed not only names past, current, and prospective owners but provides an accurate and detailed description of the property itself. This includes the property’s boundaries, dimensions, and all features and structures included on and with the property.

Inaccurate descriptions can lead to disputes with neighbors, lawsuits, and even the family of a previous owner laying claim to certain structures, such as a guest house or a trailer. It’s crucial to ensure the general deed is not only correct but detailed, as well.

Mistake # 3 : Neglecting Mineral Rights & Renewable Energy Rights

General property deeds typically include the mineral rights to any gas, oil, and other natural resources beneath the property, unless those rights were previously severed. With Texas being rich in natural resources, it’s important to be sure your property deed is worded to keep control of those resources with your and your family.

What about your rights to lease your land for renewable energy, such as wind turbines or solar farms? While Texas law is continuing to evolve on this topic, a well-drafted general deed should consider this option.

Mistake # 4 : Neglecting Outstanding Liens & Encumbrances

Before a deed is executed, all outstanding liens and encumbrances must be addressed and handled. Examples of liens include mortgages and unpaid property taxes. Ignoring those liens could see you on the hook for others’ debts worth tens of thousands of dollars or more.

Encumbrances include restrictions on how the land may be used. For example, you may wish to use a property to farm, while zoning laws prohibit this. If you lack this key information, you may wind up owning a property that can not be used for the purpose you intended.

Neglecting liens and encumbrances can lead you into debt, complex legal battles, or ownership challenges right off the bat.

Mistake # 5 : Forgetting Dates & Signatures

This may seem very basic, but it’s vital to be sure that a general deed includes the signatures of all parties and is correctly dated, as well. Finally, the deed must be notarized by a notary public in the county where the property is located.

Any inaccuracies or omissions in the date or signatures could invalidate the transfer or make you vulnerable to future ownership disputes, so it’s crucial to be sure that these steps are handled properly.

Final Thoughts

General deeds are not simple agreements; they’re binding and legally significant documents that must contain key details, correct information, and all of the clauses that protect you as a property owner.

Texas land is valuable, and as more men and women flock to our state for its beauty, affordability, and local culture, making sure that you’re protected for generations to come is crucial.

Considering property in central Texas? Allow seasoned general deed attorney Farren Sheehan to execute and review your real estate documents before you sign.