A warranty deed is a legal document that formally transfers property ownership from a seller (grantor) to a buyer (grantee), while guaranteeing clear title. It assures the grantee that the grantor holds good title, has the legal right to convey it, and will defend against any past or present claims.
For buyers, a warranty deed provides peace of mind: protection against hidden liens, unpaid taxes or encumbrances. Sellers benefit by delivering a marketable title, facilitating financing and closing, and minimizing post‐sale disputes.
These covenants confirm the grantor’s current ownership (seisin) and legal authority to transfer title (right to convey).
Future covenants guarantee the grantee’s uninterrupted possession (quiet enjoyment) and protect against undisclosed liens or encumbrances arising before or after closing.
A complete warranty deed names the parties (grantor and grantee), states the consideration paid, and includes a precise legal description of the property (lot, block, subdivision or metes & bounds).
A general warranty deed offers the highest protection: it covers title defects arising at any time—even before the grantor’s ownership. A special (limited) warranty deed restricts the grantor’s warranty to defects occurring only during their period of ownership.
Special warranty deeds are common in commercial transactions, bank foreclosures or trustee sales, where the grantor wants to limit liability to their own acts and omissions.
Each state prescribes its own form and required language. Some jurisdictions mandate specific covenants or formatting, so always consult local statutes or a title professional.
Unlike a quitclaim deed, which conveys whatever interest the grantor has (if any) with no warranties, a warranty deed guarantees clear title and provides legal recourse for defects.
A grant deed usually includes limited warranties—such as that the title hasn’t been transferred to someone else and that there are no undisclosed encumbrances—but does not cover all past owner issues like a general warranty deed.
Residential buyers typically insist on a general warranty deed for maximum protection. In commercial or foreclosure settings, a special warranty deed or grant deed may be more common.
If undisclosed liens or title defects surface after closing, the warranty deed covenants allow the grantee to sue the grantor for damages or clear title.
Title insurance supplements a warranty deed by covering losses from hidden title issues. Lenders and buyers often require a title policy to guard against claims not covered by the seller’s warranty.
When covenants are breached, the grantee can seek monetary damages, specific performance, or file a quiet title action to clear the record.
Include full party names, recite consideration, insert standard present and future covenants, attach a metes-and-bounds or lot-block description, and leave signature lines for grantor(s).
Most states require the grantor’s signature to be notarized. Some require one or two witnesses. Check local rules for specific formalities.
Submit the original deed to the county recorder or land registry in the jurisdiction where the property lies. Recording fees vary by county and may be based on page count or transaction value.
After recording, obtain a certified copy or title certificate. Update your homeowner’s policy and lender’s escrow records to reflect the new deed.
Some states require precise covenant text; others allow boilerplate forms. Always use the state-approved template or consult statute.
Visit your county recorder’s website for formatting rules, cover sheet requirements, and recording fee schedules.
State bar associations, title companies, and official land office sites often publish sample warranty deed forms and drafting checklists.
Grantees can file a lawsuit to enforce covenants or clear defective titles. A quiet title action removes adverse claims permanently.
Each covenant has a time limit, often ranging from 3 to 20 years, depending on the state and type of covenant.
If a breach results in financial loss or clouded title, the grantee may recover corrective costs, legal fees, and actual damages, or compel the grantor to cure defects.
No. While a warranty deed provides seller covenants, title insurance protects against unknown risks and ensures lender/owner coverage.
Yes. A beneficiary or donor can execute a warranty deed to confirm clear title when transferring inherited or gifted real estate.
Not always, but professional drafting ensures compliance with state law, reduces errors, and speeds up recording.
Present covenants can be enforced indefinitely in some states; future covenants often carry a statute of limitations. Verify local enforcement periods.
Always insist on clear, state‐compliant warranty deeds. Understand the scope of covenants and back them up with title insurance for maximum protection.
A warranty deed is the gold standard for securing marketable title and legal recourse against hidden title issues—critical for any real estate purchase.
Engage experienced professionals to draft, review, and record the deed. Verify county requirements and confirm all covenants are properly stated.
Consult your state bar association or title company website for sample warranty deed templates, drafting checklists, and recording fee schedules.
