When Should You Use A Special Warranty Deed? (2026)

Sarah Edwards

Contributor

Reviewed By Adam Ramirez, J.D.

Editor

May 27, 2026 Read in 3 mins

Understanding a Special Warranty Deed
Key Elements Required in This Deed
How the Deed Process Works Step by Step
Common Situations Where It's Used
Comparing Deed Types: Special, General & Quitclaim
Is a Special Warranty Deed Right for You?

Summary

Special warranty deeds protect buyers from title issues caused by sellers
These documents are also called grant deeds or limited warranty deeds
They’re often used in foreclosure sales and commercial transactions

Whether you’re buying a house or a commercial property, you want to avoid having to deal with old title claims. That’s why many property deeds offer some level of protection from title encumbrances.

One type of deed that can protect buyers in certain situations is a special warranty deed. Here’s what you need to know.

Understanding a Special Warranty Deed

A special warranty deed protects a buyer from title issues created while the seller owned the property. These are some examples:

Liens
Creditor claims
Encroachments, or problems with boundaries
Leases

However, the seller can’t be held responsible for title problems created before they owned the property.

Key Elements Required in This Deed

Here are the most important elements of a special warranty deed:

The seller (or grantor) legally owns the property.
There are generally no liens, claims against the property or other encumbrances initiated while the seller owned the property.
The seller will defend the buyer against title claims that arose during the seller’s ownership period.
The seller won’t defend the buyer against title claims that arose before they owned the property.

Special warranty deeds do create some risk for buyers, but title insurance can be an effective way to mitigate that risk.

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How the Deed Process Works Step by Step

There are a few key steps to transferring property with a deed:

The seller selects and prepares the deed.
The deed is signed before a notary.
The deed is delivered to the buyer.
The buyer files the deed with the county recorder or registrar of deeds.

Once the deed has been recorded, the property transfer is a matter of public record.

If you think this is the right type of deed for your transaction, you can generate a special warranty deed online in minutes.

Common Situations Where It's Used

Common situations where special warranty deeds may be used include:

Commercial real estate transactions
Foreclosure sales
Trustee sales or transfers from estate executors

Generally, if the seller of a property has only owned it for a short period of time, they might want to limit their liability by using a special warranty deed instead of a general warranty deed.

Comparing Deed Types: Special, General & Quitclaim

Here’s a quick rundown of the differences between these three common deed types:

Special Warranty Deed: Protects buyers from title encumbrances created while the seller owned the property
General Warranty Deed: Protects buyers from all title encumbrances, even those the seller doesn’t know about
Quitclaim Deed: Transfers property without making any warranties

In short, general warranty deeds typically offer the most protection for buyers, and quitclaim deeds offer the least. Special warranty deeds offer mid-level protection.

If you think another deed type may be best for your situation, create a general warranty deed or a quitclaim deed with us today.

Is a Special Warranty Deed Right for You?

In any real estate transaction, it’s vital to carefully consider what type of deed is right. If you aren’t sure how to choose, ConsumerShield is here to help. Explore our extensive collection of legal forms and guides today.