An instrument that transfers real property from one person to another and in which the grantor promises that title is good and clear of any claims. A deed is a written instrument that transfers the title of property from one person to another. Although many types of deeds exist, title is usually transferred by a warranty deed. A warranty deed provides the greatest protection to the purchaser because the grantor seller pledges or warrants that she legally owns the property and that there are no outstanding liens, mortgages, or other encumbrances against it.
In other states, a specific statute authorizes the use of warranty deeds. In these states, the statute will usually contain specific language that must be included in the vesting paragraph. The warranty is only part of the deed. The deed must also contain other customary elements, including:. The warranty deed should be created with each requirement in mind and use precise language.
Imprecise language can seem harmless to a layperson but may have legal consequences. In some cases, using the wrong warranty language can even result in criminal liability. Each deed prepared by our deed preparation service was designed by attorneys with each legal requirement in mind and uses the right language for the warranty of title.
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Get Started. What is a Warranty Deed? Key Term: Warranty of Title. Title issues can be caused by many things, including errors in the public record, unknown liens against the property, undisclosed prior conveyances, forged deeds, missing heirs or unprobated wills, or disputes about boundary lines or surveys.
Title issues often require legal action to fix and can decrease the value of real estate. There are two kinds of warranty deeds: special and general. Warranty deeds actually transfer the property itself, as opposed to a quitclaim deed, which simply transfers whatever interest in the property that the grantor may have had.
A special warranty deed contains a warranty from the grantor that it will defend the grantee against all claims to the title of the subject property which may be brought by the grantor or by anyone claiming by, through or under the grantor.
Therefore, there is a limited warranty of title in a special warranty deed. A general warranty deed contains a much broader warranty because it is a promise by the grantor to defend the title against anyone and everyone who has a claim of title to the subject property. Warranty deeds and quit claim deeds are the most common form of deeds used in real estate transactions. But there are others. The type of deed that a seller customarily gives varies regionally around the country.
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