An obvious example would be inclusion of an “as is” clause to protect the seller from post-closing lawsuits.
Problem is, inclusion of additional custom clauses may be both useful and necessary in order to accomplish the terms of the deal. Title company deeds generally lack clauses that add additional protection for the grantor or grantee since it not the job of the title company or its attorney to protect the interests of either party beyond a simple conveyance with general or special warranties.
SAMPLE METES AND BOUNDS DESCRIPTION CODE
This is true even though Property Code Section 5.022(b) expressly states that “the parties to a conveyance may insert any clause. It is difficult to imagine a more important document to the real estate investor, and yet its preparation is often left to a title company attorney who represents neither buyer nor seller and has no incentive to produce anything other than a basic boilerplate form. One can own a fee simple estate in both legal and equitable property interests.” Jackson v. An instrument that does not operate as a present conveyance of title to real property is a contract to convey rather than a deed.” Smith v. “A purchaser takes title to real property solely through a deed. “An absolute or ‘fee simple’ estate is one entitling the owner to the benefits of that estate during his life and descending to his heirs, devisees, and legal representatives on his death. A deed is a written instrument that conveys legal and equitable title to real property-the legal term is a “fee simple” interest, meaning the highest level of ownership.
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