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special warranty deed,property,deed

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Description of Special Warranty Deed. Real property is conveyed by one of three kinds of deeds: quitclaim deed, special warranty deed and warranty deed. A quitclaim deed conveys whatever title, if any, the person conveying the property (called the “grantor”) has. The grantor has no liability if he has no title to convey and still signs and delivers to the person receiving title a quitclaim deed. The grantor is saying in effect, by delivering a quitclaim deed, “I hereby convey to you whatever title I have in the real property covered by this deed, be that good title or no title or some other title.” A quitclaim deed is useful for clearing up boundary disputes, releasing liens and other encumbrances and for conveying title in situations where the grantor does not wish to be liable to the grantee for any defects in the title conveyed by the grantor. A special warranty deed conveys title to real property with a limited warranty. The limited warranty covers claims or clouds on title that arise out of actions of the grantor. The grantor makes no warranty about any other claims or clouds, such as those that might arise out of actions of the grantor’s predecessors in title. A warranty deed, or, as it is sometimes called, a general warranty deed, conveys property subject to a warranty of title covering actions of the grantor and all predecessors in title. Care must be used in describing the title conveyed by any deed. A real estate attorney should be consulted before using any form of real property deed. A real estate attorney will be able to assist grantors and grantees in properly describing title, using title insurance in most states, and in including proper exceptions to title in a special warranty and general warranty deed. This document is a form of special warranty deed.