Special Warranty Deed: Definition, Purpose
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When you’re thinking of buying a home, you probably know that ownership of the home will be transferred to you through a deed. But did you know there are several types of deeds that all offer differing levels of protection against claims from third parties?
So, in order to know what level of protection you’ll enjoy, it’s essential that you understand the different types of deeds and the differences between them. In this post, we’ll delve deeper into what special warranty deeds are and when they’re used.
What is a Special Warranty Deed?
In real estate, a special warranty deed is a legal document where the seller of a property, also known as the grantor, warrants only against anything that happened during their physical ownership of a property. In simple terms, the grantor does not guarantee against any issues that existed before the grantor took ownership of the property.
As a result, in terms of a special warranty deed, the grantor is only liable for debts or other issues that happened when they owned the property. This may come into play if the buyer of the property discovers an issue, but the seller is able to prove the issue existed before they took ownership.
Purpose of Special Warranty Deed
A warranty deed provides the transfer of ownership or title to a commercial or residential real estate property from the current owner to the new owner. It comes with certain specific guarantees that are made by the seller.
These guarantees include that the property the seller transfers to the new owner is free-and-clear of ownership claims, outstanding liens or mortgages, or any other issues by individuals or entities against the property.
The main purpose of a special warranty deed is to limit the warranties given by the seller to issues that occurred only when the seller had ownership of the property. For this reason, it's also often referred to as a limited warranty deed. In simple terms, the special warranty deed is less comprehensive and offers less protection to buyers due to the time frame where it provides guarantees being limited.
Since this is a special warranty deed, it must contain additional information to the standard information that a general deed contains, which is what makes it special.
Both general and special warranty deeds need to contain the following information:
- The name of the seller, also called the grantor.
- The name of the buyer, also called the grantee.
- The physical location or address of the property.
- A statement that the grantor intends to transfer the property to the grantee.
- A warranty that the grantor is the rightful owner of the property and has the legal right to transfer the property into the name of the grantee.
- A warranty by the grantor that the property is free-and-clear of all liens and that there are no outstanding claims on the property from any creditors or other individuals.
- A guarantee that the title of the property will withstand any claims to ownership by third parties.
- That the grantor will do whatever is necessary to make good the grantee's title to the property.
In addition to the above, to qualify as a special warranty deed, the deed must also state that:
- There are no outstanding claims against the property that were instituted by any creditor or other individual during the grantor's ownership period.
- A guarantee that the grantor had a clear title of the property only during their time of ownership.
- That, if there is an issue with the title during that period the grantee is not entitled to compensation from the grantor. As a result, the guarantee does not cover the time before the grantor became the owner of the property.
Here is an article about further discusses the purpose of special warranty deeds.
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When To Use a Special Warranty Deed
Because of the limited protection special warranty deeds offer buyers, they are rarely used in residential property transactions. In fact, many mortgage lenders require a general warranty deed when a property is transferred from the seller to the buyer for risk purposes.
Special warranty deeds, however, often used in estate matters . This is because the properties are transferred by the executor of an estate or trustee of a living trust to a buyer. Logically, the executor can't be held liable for defects or faults in the title because they never owned the property. Thus, it makes sense to limit their warranties through a special warranty deed.
Likewise, special warranty deeds are often used when the grantor isn't able to make extensive warranties as to the title of the property. An example of this is when a mortgage lender forecloses on a property. In this situation, the mortgage lender may not know the prior history of a property and therefore cannot offer the level of protection when it sells the property.
Although the previous owners who went into foreclosure may have encumbered the title, mortgage companies are not the individuals giving the guarantee that they did not. A special warranty gives the mortgage lender some protection against claims from buyers as a result of encumbrances of the title before foreclosure.
Special warranty deeds are most commonly used in commercial real estate transactions. This is simply because ownership of commercial real estate can have an extensive history of multiple owners, foreclosures, and other issues. As a result, special warranty deeds are needed to protect the current owner of the commercial property.
Explore some of ContractsCounsel’s real estate lawyers .
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Special Warranty Deed vs. Quitclaim
A quitclaim deed is typically used when the ownership of a property is not transferred because of a traditional sale. For example , they are commonly used when real estate is transferred in terms of a living will as a gift, or when a property is placed in a trust.
They are also quite common when a seller wants to sell a property but isn’t sure what the property boundaries are or whether there are any claims that can be made against the property.
And this is where the main difference with special warranty deeds comes in. With a warranty deed, the buyer has a claim against the seller to recover damages in the event that there’s an uncleared lien or any other issues on the title of the property. A quitclaim deed offers none of this protection and the buyer will have no recourse against the seller.
Here is an article about the differences between warranty deeds and quitclaim deeds.
Get Help With A Special Warranty Deed
When buying a house, ownership is transferred through a deed. Here, there are several types of deeds, each of which offers the grantee different levels of protection in respect of claims and other encumbrances in the title of the property.
As a result, buyers or grantees need to understand the differences between the different types of deeds and what protection they offer. Hopefully, this post helped illustrate these differences.
To find out more about special warranty deeds or other types of deeds, real estate lawyers can advise and guide buyers or grantees on the differences between them. Post a project on ContractsCounsel to get help with a special warranty deed.
ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.
Meet some of our Special Warranty Deed Lawyers
Alton H.
I am a U.S.-licensed attorney with more than a decade of experience in complex litigation and intellectual property matters. I have practiced at leading Am Law firms including Pillsbury Winthrop Shaw Pittman, Arent Fox, and Sughrue Mion, and I currently operate my own law practice. I have extensive experience handling high-stakes patent litigation, drafting pleadings and briefs, managing large-scale discovery, preparing and defending depositions, and appearing before federal courts and administrative bodies such as the PTAB and ITC. I hold a J.D., cum laude, from The George Washington University Law School and advanced technical degrees in chemistry and chemical engineering, which allow me to efficiently handle technically complex matters. I am admitted in multiple jurisdictions, including New York, Virginia, New Jersey, and the District of Columbia, and I regularly provide high-quality remote legal support to clients nationwide.
"Alton completed my work in a reasonable time and was flexible in terms of budget."
Rebecca S.
I absolutely love helping my clients buy their first home, sell their starters, upgrade to their next big adventure, or transition to their next phase of life. The confidence my clients have going into a transaction and through the whole process is one of the most rewarding aspects of practicing this type of law. My very first class in law school was property law, and let me tell you, this was like nothing I’d ever experienced. I remember vividly cracking open that big red book and staring at the pages not having the faintest idea what I was actually reading. Despite those initial scary moments, I grew to love property law. My obsession with real estate law was solidified when I was working in Virginia at a law firm outside DC. I ran the settlement (escrow) department and learned the ins and outs of transactions and the unique needs of the parties. My husband and I bought our first home in Virginia in 2012 and despite being an attorney, there was so much we didn’t know, especially when it came to our HOA and our mortgage. Our real estate agent was a wonderful resource for finding our home and negotiating some of the key terms, but there was something missing in the process. I’ve spent the last 10 years helping those who were in the same situation we were in better understand the process.
"Rebecca you were awesome I appreciate you working with me and helping me get this done. I look forward to working with you in the future."
Samuel R.
My career interests are to practice Transactional Corporate Law, including Business Start Up, as well as Real Estate Law, Estate Planning Law, and Intellectual Property Law. I am currently licensed in Arizona, Pennsylvania and Utah, after having moved to Phoenix from Philadelphia in September 2019. I currently serve as General Counsel for a bioengineering company. I handle everything from their Business Transactional Agreements, Private Placement Memorandums, and Corporate Structures to Intellectual Property Assignments, to Employment Law and Beach of Contract settlements. Responsibilities include writing and executing agreements, drafting court pleadings, court appearances, mergers and acquisitions, transactional documents, managing expert specialized legal counsel, legal research and anticipating unique legal issues that could impact the Company. Conducted an acquisition of an entire line of intellectual property from a competitor. In regards to other clients, I am primarily focused on transactional law for clients in a variety of industries including, but not limited to, real estate investment, property management, and e-commerce. Work is primarily centered around entity formation and corporate structure, corporate governance agreements, PPMs, opportunity zone tax incentives, and all kinds of business to business agreements. I have also recently gained experience with Estate Planning law, drafting numerous Estate Planning documents for people such as Wills, Powers of Attorney, Healthcare Directives, and Trusts. I was selected to the Super Lawyers Southwest Rising Stars list for 2024 - 2026. Each year no more than 2.5% of the attorneys in Arizona and New Mexico are selected to the Rising Stars. I am looking to further gain legal experience in these fields of law as well as expand my legal experience assisting business start ups, and also trademark registration and licensing.
"Thanks Samuel for your thorough review of my materials. I'm incredibly impressed by your prompt turnaround in drafting my letter. The letter captured the facts perfectly and struck exactly the right tone."
Michael K.
A business-oriented, proactive, and problem-solving corporate lawyer with in-house counsel experience, ensuring the legality of commercial transactions and contracts. Michael is adept in reviewing, drafting, negotiating, and generally overseeing policies, procedures, handbooks, corporate documents, and more importantly, contracts. He has a proven track record of helping lead domestic and international companies by ensuring they are functioning in complete compliance with local and international rules and regulations.
"Pretty much finished up with the project, aside from some finishing touches. I have to say, Michael did a great job. He worked patiently with me through any irregularities or confusion. What I appreciated most was that his vision was to get me the best results, ensuring a secure structure and a solid investment. I really appreciate his work and help."
Sean S.
Commercial and government contracts attorney with 10+ years of experience delivering business-aligned legal solutions to global companies, research institutions, and startups across tech, manufacturing, and regulated industries. Passionate about transforming legal workflows through AI and automation. Proven track record advising business teams and executives on complex commercial agreements, designing scalable contract playbooks, and aligning legal guidance with user needs. Strong communicator skilled at bridging legal and operational teams.
June 28, 2021
Joshua C.
Attorney Joshua K. S. Cali is a respected business, estate planning, and real estate attorney based in Ashland serving Middlesex County and other nearby areas. Joshua graduated summa cum laude from Bentley University in Waltham, MA, and from UCLA School of Law in Los Angeles. Before starting his own firm, Joshua practiced estate planning for high net worth clients at a boutique law firm in San Diego, CA.
Erin F.
Businesses, Contracts, Operating Agreements, Corporate, Real Estate, Start-Ups, Cannabis
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ContractsCounsel User
Real Estate
Special Warranty Deed
Georgia
What type of lawyer handles property line disputes
My neighbor's are trying to steal my land
Jerome L.
Hi there, A real estate attorney—specifically one who handles property disputes and boundary line issues—is the right type of lawyer for this matter. I assist clients with these kinds of disputes by helping them understand and assert their legal rights when property boundaries are in question. Here’s how we typically approach a situation like yours: Homeowner’s Plan of Action to Establish Ownership & Defend Property Lines: Obtain the Legal Description of Your Property: Start by reviewing your deed, plat maps, and title documents. These outline the legal boundaries of your property and are critical for defending your claim. Order a Professional Land Survey: A licensed surveyor can physically mark the boundary lines and create a survey report to compare with your legal documents. This is often the first and strongest piece of evidence in a boundary dispute. Review Title History & Any Easements: We will check for any title issues, encroachments, or easements that could affect your rights or provide clarity. Send a Cease-and-Desist or Demand Letter (if appropriate): Before litigation, we may attempt to resolve the matter through a formal letter outlining your legal position and requesting your neighbors stop any encroaching activity. Initiate Quiet Title or Declaratory Judgment Action (if necessary): If your neighbors are asserting ownership or taking aggressive actions, we may file a lawsuit to quiet title or seek a court ruling on the proper boundary. Defend Against Adverse Possession or Encroachment Claims: If your neighbors are claiming rights due to long-term use, we will gather evidence to challenge that, including photos, testimony, and maintenance records. Negotiate a Settlement or Easement Agreement (if desired): Sometimes disputes can be resolved amicably without litigation, through a mutually agreed upon solution. If you are currently experiencing this issue, I would be happy to discuss your situation in more detail during a consultation. We can review your documents and help you take the right steps to protect what is legally yours. Looking forward to helping you secure your land and your peace of mind. Best regards, Jerome Lucas Newell, Esq. Real Estate & Civil Litigation Atto
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ContractsCounsel User
Quit Claim Deed
Location: California
Turnaround: Less than a week
Service: Contract Review
Doc Type: Special Warranty Deed
Page Count: 3
Number of Bids: 3
Bid Range: $450 - $875
ContractsCounsel User