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A special (limited) warranty deed transfers real estate with a narrow title promise. The seller warrants the title only against problems that arose while the seller owned the property. Below, create the form online or download the PDF, and compare other deed forms.
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A special warranty deed, also called a limited warranty deed, is a deed in which the seller (grantor) promises a clean title only for the time the seller owned the property, not for the years before.
Any property has a history of ownership known as a chain of title. That chain may hold claims, liens, levies or other encumbrances, and a defective title can leave a new owner responsible for resolving them.
A special warranty deed limits the seller’s promise to the seller’s own period of ownership. In Utah’s wording, for example, a special warranty deed executed as required by law carries two promises from the seller (Utah Code Ann. § 57-1-12.5(2)):
Illinois words its form with a further promise that the seller owned the land and had the right to convey it (765 ILCS 5/8(b)).
So if the seller, or someone claiming through the seller, raises a claim against the title, the seller’s promise is to defend the title against it (Md. Code, Real Prop. § 2-106). A claim from anyone else is outside that promise.
However, the deed does not cover encumbrances that might have arisen before the seller’s ownership and that might emerge after the title is passed to the new owner.
The protection sits in the middle. It is more than a quitclaim deed gives, which makes no promise about the title, and less than a general warranty deed gives, which covers the whole history of the title.
Sometimes, a buyer fails to obtain a mortgage from traditional financial institutions but has a chance to borrow the funds from the seller of the property. In this case, the deed passes the title to the buyer, and the seller keeps a lien on the property as security for the unpaid price. The lien, not the deed itself, is the seller’s security if the buyer stops paying.
The difference between a general warranty deed and a limited warranty deed is the time the promise covers: a general warranty covers the whole history of the title, a limited warranty only the seller’s ownership.
| Question | General warranty deed | Special (limited) warranty deed | Quitclaim deed |
|---|---|---|---|
| Which title problems does the seller answer for? | Any, from any owner | Only those from the seller’s own ownership | None |
| Who usually signs it? | Owners selling a home they lived in, often in a financed sale | Lenders selling foreclosures, developers, trustees, businesses | Family members, spouses, people clearing a name off a title |
| Protection for the buyer | Highest | Middle | Lowest |
Maryland’s code shows the gap in two neighboring sections. A general warranty means the grantor will warrant the property against every lawful claim and demand of any person (Md. Code, Real Prop. § 2-105). A special warranty covers only the claims of the grantor and of every person claiming by, through, or under the grantor (Md. Code, Real Prop. § 2-106).
Lenders often prefer a general warranty deed when a purchase is financed, because it gives the widest promise.
In Texas, the statutory deed form, or a form that is the same in substance, conveys a fee simple estate with a covenant of general warranty (Tex. Prop. Code § 5.022(a)). If the seller will warrant the full history of the title, see our general warranty deed form.
A special warranty deed uses a handful of legal terms again and again, and the table below gives each one in plain words so you can read the form with confidence.
| Term | Plain meaning |
|---|---|
| Grantor | The seller who signs the deed and passes the property on. |
| Grantee | The buyer who receives the property. |
| Title | The legal right to own a property. |
| Lien | A creditor’s claim against a property for money owed. |
| Encumbrance | Any claim or restriction attached to a property, such as a lien. |
| Covenant | A promise a deed carries, written out or implied. |
| Warrant and defend | The seller’s promise to stand behind the title against the claims the deed covers. |
| Consideration | What the buyer gives in exchange for the property, usually money. |
| Legal description | The exact wording that identifies the land, taken from official records. |
| Title insurance | An insurance policy that covers financial losses from certain title problems. |
Several states give the words of a special warranty a fixed meaning in their codes, so a short phrase in the deed carries the whole limited promise. The table lists each phrase and what it promises.
| State | Words in the deed | What the grantor promises | Statute |
|---|---|---|---|
| Colorado | “and warrant(s) the title to the same against all persons claiming under me” | A special warranty deed with covenants of warranty only as to the grantor’s period of ownership | Colo. Rev. Stat. § 38-30-113(1)(b) |
| Illinois | A deed in the statutory special warranty form | The grantor owned the land and could convey it, the land is free from encumbrances done or suffered through the grantor, and the grantor defends only against claims through the grantor, “but none other” | 765 ILCS 5/8(b) |
| Maine | “quitclaim covenant” | Warrant and forever defend the premises only against the claims of persons claiming by, through or under the grantor | Me. Rev. Stat. tit. 33, § 766 |
| Maryland | “that he will warrant specially the property hereby granted” | Warrant and defend the property only against the claims of the grantor and every person claiming by, through, or under the grantor | Md. Code, Real Prop. § 2-106 |
| Mississippi | “warrant specially” | Forever warrant and defend the title only against the claims of all persons claiming by, through, or under the grantor | Miss. Code Ann. § 89-1-35 |
| New Jersey | “that he will warrant specially the property hereby conveyed” | Forever warrant and defend the property only against the claims of the grantor and of persons claiming through the grantor | N.J.S.A. 46:4-8 |
| Ohio | “limited warranty covenants” | The premises are free from all encumbrances made by the grantor, and the grantor defends only against claims by, through, or under the grantor, “but against none other” | Ohio Rev. Code Ann. § 5302.08 |
| Rhode Island | A deed entitled “special warranty deed” | Warrant and defend the premises only against the claims of all persons claiming by, through, or under the grantor | R.I. Gen. Laws § 34-11-43 |
| Tennessee | “I warrant the title against all persons claiming under me” | Seisin, possession and the right to convey, with a warranty only against persons claiming under the grantor | Tenn. Code Ann. § 66-5-103(1)(B) |
| Utah | A special warranty deed, when executed as required by law | The property is free from all encumbrances made by that grantor, and the grantor will forever warrant and defend the title only against the claims of the grantor and persons claiming through the grantor | Utah Code Ann. § 57-1-12.5(2) |
| Virginia | “that he will warrant specially the property hereby conveyed” | Forever warrant and defend the property only against the claims of the grantor and persons claiming through the grantor | Va. Code Ann. § 55.1-355 |
| Wyoming | A deed in the form of W.S. 34-2-136 | The property is free from all encumbrances made by that grantor, and the grantor defends only against claims through the grantor, “but against none other” | Wyo. Stat. Ann. § 34-2-137(a) |
Kentucky gives the words “with special warranty” in any deed a set effect too (Ky. Rev. Stat. § 382.040). So does the District of Columbia when the granting words are followed by the words “with special warranty” (D.C. Code § 42-605). West Virginia treats the use of the words “with special warranty” in a deed the same way (W. Va. Code § 36-4-3).
The names can also mislead: in Maine a “quitclaim covenant” deed carries a limited warranty, as the table shows.
A limited warranty deed is used when the seller cannot or will not vouch for owners before them: lenders selling foreclosed homes, developers, trustees of a living trust and commercial sellers.
Buyers of foreclosed homes see it often. As foreclosures are sold by lenders who are not interested in issuing warranties outside the period of their ownership, they offer a lower price and a fast lien release in exchange for a limited warranty.
Besides, this deed type is often a preferred option for developers, trustees to a living trust, and commercial property sellers who did not personally own the property to bear liability for the clean title. In these scenarios, purchasers can protect themselves against possible problems by buying title insurance, which will cover financial losses if they arise.
A home buyer who borrows to buy usually asks for more. Lenders weigh in on the warranties attached to their security interest, and many prefer a general warranty deed for that reason.
A limited warranty deed can give access to attractive deals while providing a certain level of protection to the buyers, especially when backed up by title insurance. However, it is not the best choice when there is the possibility to gain a general warranty deed.
Before you agree to a limited warranty, it helps to ask a few questions:
A special warranty deed names the grantor and grantee, describes the property, states the consideration and the date, carries the grantor’s signature and holds the limited warranty wording.
Still, some pieces of information are common for this deed type, as it is illustrated through the example of the form in the Utah Code. Make sure your deed includes:
For a deed to be accepted by a clerk’s office, it has to comply with local requirements. Since they vary across states and even counties, it is recommended to visit the official website of the county where the asset is located and search for a special warranty deed form.
Besides, the deed holds the warranty wording. In the states with a statutory phrase, listed in the wording table above, those words carry the limited covenants: in Kentucky, for example, the words “with special warranty” have that effect (Ky. Rev. Stat. § 382.040).
In Utah, a special warranty deed executed as required by law has this effect: the grantor (Utah Code Ann. § 57-1-12.5(2)):
To fill out a special warranty deed, enter both parties, copy the legal description, state the price, keep the limited warranty wording, then sign it, deliver it and take it to the county recorder.
Most of what the form asks for is on your current deed, your closing papers or the county’s property records, so gather these facts before you start.
After the deed is signed, keep a signed copy with your closing papers.
These states set a signing rule for deeds in the statutes below, and each row keeps the rule’s condition. Other states in our sources set no witness count for a deed.
| State | Witness rule | Statute |
|---|---|---|
| Alabama | One witness attests the signing, or two witnesses who can write only if the party cannot write | Ala. Code § 35-4-20 |
| Arkansas | Two disinterested witnesses; if the deed is not signed before them, the grantor acknowledges it in the presence of two such witnesses, who then sign | Ark. Code Ann. § 18-12-104 |
| Connecticut | Two witnesses attest the deed with their own hands | Conn. Gen. Stat. § 47-5 |
| Florida | Two subscribing witnesses, who may also be present and sign by audio-video communication technology; no subscribing witnesses only for a lease of real property | Fla. Stat. § 689.01 |
| Georgia | An officer attests as provided in Code Section 44-2-15, plus one other witness | O.C.G.A. § 44-5-30 |
| New York | At least one witness, only if the deed is not duly acknowledged before its delivery | N.Y. Real Prop. Law § 243 |
| Texas | Two or more credible subscribing witnesses, only if the deed is proved by witnesses instead of acknowledged before an officer | Tex. Prop. Code § 12.001 |
Recording puts the deed in the county’s public records, and in several states an unrecorded deed loses out to a later buyer or creditor, as the statutes below show.
In Indiana, a conveyance must be recorded in the recorder’s office in the county where the land is located (Ind. Code § 32-21-4-1). It takes priority according to the time of its recording, where two conveyances compete (Ind. Code § 32-21-4-1).
Any instrument to be recorded in Indiana must have an acknowledgment or a proof (Ind. Code § 32-21-2-3). The grantee’s mailing address must be a street address or a rural route address, and a conveyance complies if it contains that address at the end of the conveyance, as the subsection describes (Ind. Code § 32-21-2-3(e)).
In Florida, a conveyance is not good against creditors or later purchasers for value without notice unless it is recorded (Fla. Stat. § 695.01(1)).
In Colorado, an unrecorded deed is not valid against a person with rights in the property who records first, except between the parties and against those with notice (Colo. Rev. Stat. § 38-35-109(1)).
In Utah, a deed presented for recording after July 1, 2022, is entitled to be recorded only if it names the grantees and recites a mailing address for assessment and taxation (Utah Code § 57-3-105).
In California, before a deed can be recorded, its execution shall be acknowledged by the person executing it (Cal. Gov. Code 27287).
Yes, a special warranty deed passes the seller’s ownership to the buyer; only the warranty is limited. In Utah, for example, a special warranty deed, when executed as required by law, has the effect of a conveyance in fee simple to the grantee (Utah Code Ann. § 57-1-12.5(2)).
Title insurance is how many buyers cover the gap a special warranty deed leaves: problems from owners before the seller. A title search before closing shows what the policy would cover.
Any deed can be challenged based on an accusation of fraud, forgery, undue influence, or lack of competency. But if a special warranty deed is executed in full compliance with legal requirements, it is no more vulnerable to court actions than a general warranty deed.
As long as the deed is accurately executed, properly recorded, and accompanied by title insurance, it is quite safe, although it basically provides less warranty coverage than a general warranty deed.
A quitclaim deed passes whatever interest the seller has with no promise about the title, while a special warranty deed promises a clean title for the seller’s own period of ownership.
Owelty of partition is often used within divorce proceedings to create a lien in favor of the grantor when the co-owners of the property agree on dividing the equity. It secures payment of a certain sum from the grantee through a special warranty deed with encumbrance for owelty of partition.
No, but no one prevents the parties to the agreement from adding other covenants into the deed if they see fit. Further, the new owner is not obliged to sell the property with the same warranties. When preparing a new deed to transfer the title, the owner is free to give general warranties, for example, if the title was proved to be clean through a title search.
General information, not legal or tax advice.
