A general warranty deed warrants against all defects including those predating the grantor's ownership. A special warranty deed warrants only against defects arising during the grantor's tenure. A quitclaim deed warrants nothing.
Present and future covenants have different limitations treatment.
Alternative Names:
Warranties of Title, Covenants of Title
Why it Matters?
Deed type determines post-closing recourse against the seller, and buyers accepting a special warranty deed have no claim for defects predating the seller's ownership regardless of how serious. Commercial transactions routinely use special warranty deeds, which shifts reliance to the title policy. The present and future covenant distinction also affects limitations, since present covenants breach at delivery while future covenants breach only on eviction or disturbance.
Frequently Confused with
Related terms
Frequently asked questions
What does a special warranty deed cover?
How do present and future covenants differ?
