Real Property Deeds

Real property is generally defined as land and whatever is erected or growing on or affixed to land.

Real property commonly refers to a house or a parcel of land, including the rights to use, rent, or sell the property as the owner sees fit. Mobile homes are sometimes considered real property and sometimes personal property.

Texas Law

Manufactured housing (a mobile home) is considered personal property, unless the conditions in this section have been met to make it real property.

What are property deeds?

When discussing real property transfers, it's important to understand the distinction between deeds and titles:

• A title refers to property ownership. It is not a document but rather the right to use, rent, or sell the property.
• A deed is a legal document that transfers the property ownership. It is commonly used when buying or selling real property.

Special types of deed can specify who inherits the property when the owner dies. Examples include:

• transfer-on-death deeds (TODDs);
• enhanced life estate deeds (Lady Bird deeds); and
• deeds with a right of survivorship.

Real property may also be transferred using an executor's or administrator's deed. These deeds are issued by an estate representative during estate administration.

However, deeds are not the only way to transfer title. If the estate didn't go through probate or was settled informally, the heirs may not be listed on the deed at all. They may still own all the rights to the property, but will need to file certain documents to prove their ownership.

Understanding the Law

Many people often assume these two terms mean the same thing. However, this is not the case. Deed and Title are two separate, distinct legal concepts.