Home > West's Encyclopedia of American Law > Warranty Deed

An instrument that transfers real property from one person to another and in which the grantor promises that title is good and clear of any claims.

A deed is a written instrument that transfers the title of property from one person to another. Although many types of deeds exist, title is usually transferred by a warranty deed. A warranty deed provides the greatest protection to the purchaser because the grantor (seller) pledges or warrants that she legally owns the property and that there are no outstanding liens, mortgages, or other encumbrances against it. A warranty deed is also a guarantee of title, which means that the seller may be held liable for damages if the grantee (buyer) discovers the title is defective.

There are two types of warranty deeds: general and special. A general warranty deed not only conveys to the grantee all of the grantor's interest in and title to the property but also guarantees that if the...