Chapter 14: Special Clauses for Conveyance Instruments


Section 1: Overview


Policy (for State and LPA)

As a matter of general policy, special clauses that do not have prior approval are not to be included in deeds or other conveyance instruments. It is desired that the State secure clear title to the interest covered by the conveyance instrument, and special clauses often cloud title and cause doubt in the future chain of title. If special conditions occur, these are to be covered in the Memorandum of Agreement (MOA) or Possession and Use Agreement (PUA). If a property owner insists on the inclusion of deed clauses not covered by approved procedure, these are to be submitted to the ROW Program Office in Austin for consideration as a policy exception before instrument execution.

Special care must be exercised to ensure that the State and the property owner are protected with appropriate deed clauses when needed. Every improvement that is part of the realty must be conveyed in the deed, unless excepted by specific reference. When improvements lying within the right of way taking are retained by the owner, the retention clause printed in the conveyance instrument must list each retained improvement and its removal date. This includes advertising signs that are to be retained in the deed when owned by the fee owner, or in the quit claim deed when owned by the lessee. See Control of Access Rights (for State and LPA) for information regarding control of access clauses.

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