Warranty Deeds

USLegalforms offers online warranty deed forms of the highest quality at low prices. Whether you need a general warranty deed, special warranty deed, limited warranty deed, grant deed, or any other property deed transfer form, we have the finest forms available. Unlike many generic forms that are offered as state forms, our forms are drafted to comply with the law in each state, and regularly reviewed by attorneys to keep up with the latest legislative changes.

What Is a Warranty Deed?

A deed is the crucial legal document that’s recorded in the land recorder’s office to complete a real estate sale. The recording of the property deed transfer form is what puts the new owner(s) on record as the titled owner. A warranty deed form is a commonly used way to transfer a property title. This form offers more assurances to the new owner of a real estate listing than a quit claim deed does. The current owner(s), referred to as the grantor(s), and the new owner(s), referred to as the grantee(s) can be individuals or representatives of entities, such as a trustee of a trust or officer of a corporation.

Characteristics of a Warranty Deed

Unlike a quit claim deed form (sometimes mistakenly called a quick claim deed), a warranty deed provides the new owner with a guarantee of clear title. This means that a buyer is assured that the seller is the valid owner, with the right to sell the property. It further guarantees that there are no undisclosed liens, encumbrances, encroachments, restrictions, or other claims on the real estate.

Types of Warranty Deed Sample Form Templates

There are two main types of these forms. We’ll explain them below.

1. General Warranty Deed

  • This type contains six basic promises, referred to as covenants. These covenants are split into two categories-present and future.

  • Present covenants include:

    • Covenant of Seisin - This promises that the seller has the right to convey the property.
    • Warranty of Title –This promises that the seller holds a valid title to the property being transferred.
    • Covenant Against Encumbrances – This warrants that there are no hidden claims on the property. Such claims could consist of debts or restrictions on use that diminish the property’s value. Some examples of encumbrances include:

    1. A mortgage
    2. A mechanics lien
    3. A neighbor’s easement
    4. A contract restricting use of the property

  • Future covenants include:

  • Covenant of Warranty - This covenant promises that no one holding a superior title will appear and try to evict the buyer from the property. The seller will be liable to pay damages if there’s an interruption in the buyer’s use of the property due to a failure to grant rightful title.
  • Covenant of Quiet Enjoyment –This is the seller's promise to protect the buyer if anyone lawfully claims superior title to the property.
  • Covenant of Further Assurances – This is a promise that the seller will take the necessary action to correct any defects in the title.

    • 2. Special Warranty Deed

    The seller’s guarantees are narrower in this form than those in the general warranty deed form. The seller promises only that title was received and that no encumbrances were made on the property during the seller’s period of ownership. The buyer is only protected against defects caused by the seller. This deed is also referred to as a limited warranty deed.

    How to Fill Out a Warranty Deed Form

    You will need to include the following basic information on your form:



    1. The names and addresses of the buyer (grantee) and seller (grantor).
    2. The street address, legal description, and parcel number of the property being transferred. You can get the legal description from the land recorder’s office, your original deed, or your mortgage documents.
    3. The name of the county and state where the deed will be signed.
    4. The page, volume, and document number of the land records where the previous deed was filed. You can call the county land recorder for this information if it’s not on the original deed or property sale documents.
    5. How title will be held if there’s more than one grantee, such as tenants in common, joint tenants with right of survivorship, or community property.

    There are other optional terms that may be included, such as the transfer of oil, gas, and mineral rights, or the seller’s reservation of a life estate. Deeds must be signed in front of a notary public, acknowledged by the notary, and then recorded in the county land records office where the property is located.

    Top Questions about Warranty Deeds

    • Where can I find my home warranty deed?

      You can find your home warranty deed by checking with your local county clerk or recorder’s office, as they maintain public records of property deeds. Many offices now have online databases where you can search for your deed. If you need assistance in locating your document, consider using services like US Legal Forms for a streamlined process.

    • Do warranty deeds get recorded?

      Yes, warranty deeds are typically recorded in the public land records to provide notice of the ownership change. Recording ensures that future buyers or lenders are aware of the current ownership and any rights associated with the property. This public record protects your investment and helps avoid disputes.

    • How do you file a warranty deed?

      To file a warranty deed, you need to complete the deed form accurately and have it signed in front of a notary. Afterward, you can submit the document to the appropriate county office for recording. Filing your warranty deed properly is essential for establishing your legal ownership of the property.

    • Where do I find the title deed to my house?

      The title deed to your house can usually be located at the county clerk's office or the recorder's office where the property is recorded. Additionally, if you have a mortgage, your lender may also have a copy of the deed. If you prefer a more straightforward option, US Legal Forms can help you find or obtain necessary documents related to your property.

    • Can I get a copy of my warranty deed online?

      Yes, many counties offer online access to public records, including warranty deeds. You can visit the official website of your county’s clerk or recorder’s office to search for and download your warranty deed. This convenient access allows you to retrieve important documents from the comfort of your home.

    • Who prepares a warranty deed?

      A warranty deed can be prepared by various individuals, including attorneys, title companies, or the property owners themselves. However, using an attorney or a professional title company is advisable to ensure that all legal requirements are met accurately. Accurate preparation is crucial in safeguarding your rights, so don’t hesitate to seek professional help.

    • How to write up a warranty deed?

      To write a warranty deed, you need to include key components such as the names of the grantor and grantee, a legal description of the property, and the date of the transaction. It is crucial to outline the rights being granted, ensuring they include the promise of clear title. For an effective and legally compliant warranty deed, consider using platforms like US Legal Forms, which provide templates and guidance.

    • Where are warranty deeds recorded?

      Warranty deeds are typically recorded in the county clerk's office or the recorder's office of the county where the property is located. This recording establishes a public record of the property transfer and the rights of the new owner. By recording a warranty deed, you ensure that your ownership claim is protected under state law.

    • Can anyone prepare a warranty deed?

      In many cases, anyone can prepare a warranty deed, but it is advisable to seek legal expertise to ensure it meets all legal requirements. While some might use online templates, a legal professional can provide valuable insights and help avoid potential pitfalls. Today's digital tools, such as those from US Legal Forms, make it easier for you to create valid warranty deeds while ensuring you understand the implications of the document. Always consider the complexities of property law before proceeding.

    • Who prepares a general warranty deed?

      A general warranty deed is commonly prepared by an attorney or a legal professional who specializes in real estate transactions. They understand the requirements necessary for the deed to be valid and enforceable. However, individuals can also prepare warranty deeds using templates and forms available online, such as those offered by US Legal Forms. Using a reliable source ensures you meet all legal standards and protect your property rights.

    Tips for Preparing Warranty Deeds

    Regardless of the popularity and everyday use of Warranty Deeds, not all of them are approved due to inaccuracies. Consider decreasing the risk of rejecting your documents to save more time for performing more important tasks. Use the tips below to prepare papers faster:

    1. Pick the proper sample. Using a professionally-drafted form is already half the battle. To begin with, pick your state to comply with local laws and regulations. Then, go through various types of deeds, explore helpful notices, and discover the one that satisfies your needs in our comprehensive library.
    2. Gather all the required details. Most samples request data about a grantor, a grantee, a description of a document's subject matter, and a tax ID. However, some states require you to include additional details in deeds like parties' addresses and marital statuses. Consider requesting it before preparing documents.
    3. Describe the subject matter. Provide complete specifics of the item of the transaction. Indicate its location and state, and other details that can help to identify it clearly.
    4. Verify abilities. Be sure a grantor has appropriate legal rights to grant, and a grantee has the capacity to get them. Otherwise, your Warranty Deeds record loses its validity.
    5. Sign a doc. Deeds don't become legal until they are certified. If you have a Premium subscription on our platform, make use of the US Legal Forms integration with signNow eSignature to eSign a filled out warranty or quitclaim deed on the web without the need for leaving your house or office.