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Real Property • Conveyances
PROP#189
Legal Definition
A special warranty deed is a type of property deed in which the grantor provides a limited warranty to the grantee. Unlike a general warranty deed, which guarantees clear title and protection against all claims, a special warranty deed only contains the warranties of right to convey and against encumbrances.
Plain English Explanation
"Special warranties" are sort of misleading. They are "special" in that they apply in special circumstances, but they are inferior to general warranty deeds. They are created in some states when a conveyance specifically uses the word "grant" in their conveyance. If such a word is present in the conveyance, then the State's laws will automatically include a couple of assurances to try to increase protection to the recipient. Those assurances are (1) the right to convey, meaning the grantor has the legal right and ability to transfer their title to someone else; and (2) against encumbrances, which means the property doesn't have any liens, easements, mortgages, etc.