Warranty Deed

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Warranty Deed

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. A warranty deed is also a guarantee of title, which means that the seller may be held liable for damages if the grantee (buyer) discovers the title is defective.

There are two types of warranty deeds: general and special. A general warranty deed not only conveys to the grantee all of the grantor's interest in and title to the property but also guarantees that if the title is defective or has a "cloud" on it, such as a mortgage claim, tax lien, title claim, judgment, or mechanic's lien, the grantee may hold the grantor liable.

A special warranty deed conveys the grantor's title to the grantee and promises to protect the grantee against title defects or claims asserted by the grantor and any persons whose right to assert a claim against the title arose during the period in which the grantor held title to the property. In a special warranty deed, the grantor guarantees to the grantee that the grantor has done nothing during the time he held title to the property that might in the future impair the grantee's title.

A warranty deed should contain an accurate description of the property being conveyed, be signed and witnessed according to the laws of the state where the property is located, and be delivered to the purchaser at closing. The deed should be recorded by the buyers of the property at the public records office, which is usually located in the county courthouse. Recording a deed gives "notice to the world" that a particular piece of property has been sold. Though the grantor guarantees good title in a warranty deed, the deed is no substitute for title insurance because a warranty from a grantor who later dies or goes bankrupt may have little value.

Cross-references

Cloud on Title; Property Law; Recording of Land Titles; Registration of Land Titles; Title Search.

warranty deed

n. a deed to real property which guarantees that the seller owns clear title which can be transferred (conveyed). A "grant deed" generally is a warranty deed, while a "quit claim deed" is not. (See: warrant, grant deed)

References in periodicals archive ?
took the form of warranty deeds and, in New Haven at least, were
The preceding chronology of events and judgments connected to the originally defined public square in 'Eugene City' demonstrate a steadily changing philosophy by Lane County and the city of Eugene about conditions and restrictions connected to the original warranty deeds of Charnel Mulligan and Eugene Skinner," Armstrong said.
Van Maele is also experienced in drafting various legal instruments, including mineral deeds, stipulations of interest, affidavits, and warranty deeds, as well as curative documents, and regulatory and general transaction work.
The properties described herein were conveyed to Esterosto, LLC via Limited Warranty Deeds issued pursuant to tax sales conducted by the Commissioner of State Lands, State of Arkansas under the provisions of Act 626 of 1983, as amended, after the property remained unredeemed following expiration of the time required by law.
This comment will focus on the policy behind zoning regulations,(10) what is considered an encumbrance under the covenant against encumbrances provided in general warranty deeds,(11) and what situations will implicate this deed covenant.
It is interesting that in upstate counties, where the attorney is not involved in the initial preparation of the contract of sale, the title companies may have less involvement because an abstract of title is prepared by the seller's attorney, and sellers typically give full warranty deeds.
CRS now offers more than 1,800 corporations searchable access to public tax records, sales and mortgage histories, warranty deeds, comps, GIS and scanned tax maps, area demographics and property analyses.
Use the comparables feature to analyze and evaluate the target property, review sales and mortgage information, and view warranty deeds where available.
The properties described herein were conveyed to Esterosto, LLC via Limited Warranty Deeds issued pursuant to lax sates conducted by the Commissioner of State Lands, State of Arkansas under the provisions of Act 626 of 1983, as amended, after the property remained unredeemed following expiration of the time required by law.
Suit seeks rescission of a real estate sale agreement and cancellation of warranty deeds with respect to a vacant lot and residential property.
CRS now offers more than 2,000 corporations access to public tax records, sales and mortgage histories, warranty deeds, comps, GIS and scanned tax maps, area demographics and property analyses.
The properties described herein were conveyed to Esterosto, LLC via Limited Warranty Deeds issued pursuant to fax sales conducted by the Commissioner of State Lands, State of Arkansas under the provisions of Act 626 of 1983, as amended, after the property remained unredeemed following expiration of the time required by law.