Void vs. Voidable Property Titles

When buying or selling property, one of the central questions - if not the central question - is whether the property title is free and clear. This means that no one else can claim the property down the line.

While the two terms sound similar, void and voidable property titles can lead to significantly different results. Both present challenges to buyers and sellers.

Void Property Title

A void property title means that neither the buyer nor the seller has a right to the property in question. The deed is essentially a piece of paper with no rights attached. At no point can a void property title become a legitimate deed.

Under Texas law, all forged deeds are considered void property titles. 

Voidable Property Titles

In comparison to a void property title, a voidable property title has some silver linings. A voidable property title can be enforced and can be ratified at a later point. It can also be corrected or revised to make a property title unencumbered.

When a person who has the right to void the title moves to take control of the property, a voidable property title is no longer enforceable. Essentially, the legal system recognizes that someone with a free and clear title has a stronger claim to a property.

A fraudulent deed, which is a property title obtained by fraud, is voidable. This means the deed is considered legitimate unless or until it’s either set aside or ruled invalid by a court. 

Property titles obtained through undue influence are also voidable. Individuals must present evidence of undue influence.

With a voidable deed, two questions to ask:

• What did the buyer know about any problems with the deed?
• What did the seller know about any problems with the deed?

When a voidable property title is involved, determining what different people knew or didn’t know can play a role in how the deed is handled. 

If you’re unsure if a deed is void or voidable, a skilled Texas property law attorney can help. The attorneys at Manfred Law help Texas property owners resolve property issues. Call us at 713-547-5460 or contact us online to schedule your consultation.