Warranty Deed
A real estate deed in which the grantor guarantees clear title to the property and agrees to defend the grantee against any title claims arising from the time of transfer or earlier.
What Is a Warranty Deed?
A warranty deed is the strongest form of property transfer instrument under U.S. law, providing the grantee with the broadest set of title assurances. The grantor not only conveys the property but also makes binding promises (covenants) about the quality of title. These warranties give the grantee a personal cause of action against the grantor if title defects later appear.
The Six Standard Warranties
- **Covenant of seisin**: grantor owns the property - **Covenant of right to convey**: grantor has authority to transfer it - **Covenant against encumbrances**: property is free of liens, easements, or other claims not disclosed - **Covenant of quiet enjoyment**: grantee will not be disturbed by superior claims - **Covenant of warranty**: grantor will defend the title against lawful claims - **Covenant of further assurances**: grantor will execute any further documents needed to perfect title
General vs. Special Warranty Deeds
A general warranty deed warrants title against all defects, including those arising before the grantor owned the property. A special warranty deed (also called a limited warranty deed or grant deed in some states) warrants only against defects arising during the grantor's ownership. Title insurance has largely replaced reliance on deed warranties because pursuing a grantor for breach of warranty is often impractical years after a sale. Most arm's-length residential sales use a general warranty deed paired with an owner's title insurance policy.