Warranty Deed - Definition
Written by Jason Gordon
Updated at June 28th, 2021
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Table of Contents
Warranty Deed DefinitionA Little More on What is a Warranty DeedSpecial Warranty DeedAcademic ResearchBack To: Real Estate, Personal, & Intellectual Property
Warranty Deed Definition
In real estate, buying and selling of a property is incomplete with a warranty deed. A warranty deed involves the seller and the owner (buyer) of a property, they are otherwise called the grantor and the grantee respectively. A warranty deed is a document that grants the owner (buyer) of a property ownership to the property without any limitations or restrictions. This represents the highest form of protection that an owner enjoys. The seller guarantees that the property has been sold to the owner and all titles and rights of the property are held by the owner.
A Little More on What is a Warranty Deed
Simply put, a warranty deed is a document in which a seller pledges that a property has been transferred to another party and all rights are held by the party. A warranty contains three major points, these are;
- An assurance from the grantor that the property is owned by him and he has the right to transfer or sell the title to another party.
- A guarantee that there is no lien placed on the property and there are no unsettled claims to the property.
- A guaranteed that the buyer (grantee), now the owner claims ownership of the property and that the grantee now claims title to the property.
In a warranty deed, when a breach of the guarantees outlined in the deed occurs, the grantor is held responsible. While the warranty deed offers maximum protection to the grantee (the owner of the property), the grantor has a greater responsibility in ensuring that there is no breach of the guarantees contained in the warranty deed.
Special Warranty Deed
A warranty deed is a comprehensive version of a special warranty deed. A special warranty deed is not as detailed as a warranty deed, it is commonly used for commercial real estate. Contained in a special warranty deed are;
- The grantor guarantees that there are no liens or hindrances on the property during the period which the granter held the property.
- The grantor has title to the property.
Just like other warranty deeds, a special warranty deed contains accurate information about the property and the grantee of the property. It is a legal document that contains the description of the real estate property and other details.
Academic Research
That So-Called Warranty Deed: Clouded Land Titles on the White Earth Indian Reservation in Minnesota, Peterson Jr, E. M. (1983). That So-Called Warranty Deed: Clouded Land Titles on the White Earth Indian Reservation in Minnesota. NDL Rev., 59, 159. Warranty Deed, Records, S. C. A. Warranty Deed. Spokane County Courthouse, Spokane, WA. Warranty Deed, Perkins, W. K. (1882). Warranty Deed. This is a transcription of the various documents and letters in the Barbara Durst Collection, which were loaned to the Dennis Historical Society by Mrs. Durst of East Dennis, a descendant of Captains Joshua Sears and Prince Sears Crowell. The documents range from the earliest, copies of wills and deeds of the 18th century, to letters of the great shipping industry of the 19th century, to the world wars and reminiscences of the 20th century. An Old Warranty Deed, Gill, M. (1922). An Old Warranty Deed. Cent. LJ, 94, 429. Warranty deed for the Grand Central lode, Ball, D. J., Davidson, W., & Bowman, J. Warranty deed for the Grand Central lode. Mine reports; no. 769. Original Warranty Deed from William Baker to Judah Baker, Baker, W. (1860). Original Warranty Deed from William Baker to Judah Baker. Geta Crowell Collection 2 2008 owned by Nancy Kellogg of Concord MA decendant of James Sturgis Howes. Original Warranty Deed from David Crowell to Prince S. Crowell, Crowell, D. (1856). Original Warranty Deed from David Crowell to Prince S. Crowell. Geta Crowell Collection 2 2008 owned by Nancy Kellogg of Concord MA decendant of James Sturgis Howes. Warranty Deed from Zenas Winslow to Reuben Sears, Winslow, Z. (1781). Warranty Deed from Zenas Winslow to Reuben Sears. This is a transcription of the various documents and letters in the Barbara Durst Collection, which were loaned to the Dennis Historical Society by Mrs. Durst of East Dennis, a descendant of Captains Joshua Sears and Prince Sears Crowell. The documents range from the earliest, copies of wills and deeds of the 18th century, to letters of the great shipping industry of the 19th century, to the world wars and reminiscences of the 20th century. Legal-sized Warranty Deed from David Crowell to Prince S. Crowell, Crowell, D. (1848). Legal-sized Warranty Deed from David Crowell to Prince S. Crowell. This is a transcription of the various documents and letters in the Barbara Durst Collection, which were loaned to the Dennis Historical Society by Mrs. Durst of East Dennis, a descendant of Captains Joshua Sears and Prince Sears Crowell. The documents range from the earliest, copies of wills and deeds of the 18th century, to letters of the great shipping industry of the 19th century, to the world wars and reminiscences of the 20th century.