General vs Special Warranty Deeds

In Texas, there are six implied covenants of title contained in a warranty deed:

1. The covenant of seisin (the seller warrants they own the property being sold);
2. The covenant against encumbrances (the property being sold is free and clear of liens or encumbrances that have not been disclosed to and accepted by the buyer);
3. The covenant that the grantor has the right to convey the property without joinder of others;
4. The covenant of quiet enjoyment (an assurance by the seller that the buyer’s will not be disturbed by a third-party claim of ownership or title to the property);
5. The covenant of warranty (amounts to a duty of the seller to defend the buyer against challenges);
6. The covenant of further assurances (meaning a promise by the seller that they will take such other and further actions in the future as may be necessary to vest title in the buyer).

The key difference between and general and a special warranty deed is that in a general warranty deed, these covenants apply for the entire history of the property while in a special warranty deed, these covenants only apply during the seller’s ownership.