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Real property

special warranty deed

A special warranty deed is a deed transferring or conveying ownership of property in which the grantor (seller or transferor) promises (covenants) to defend the title only against other defects, liens, encumbrances, or claims made by the grantor or by someone claiming by or under the grantor.

In other words, a special warranty deed provides a limited warranty of title and does not warrant against claims or defects in the title that existed before the grantor took possession of the property.

In New Mexico, a special warranty deed is a legal document used to transfer property ownership with limited guarantees. Unlike a general warranty deed, which provides a full warranty of title, the special warranty deed only assures the grantee (buyer or transferee) that the grantor (seller or transferor) has not personally done anything to encumber the property title during their period of ownership. The grantor of a special warranty deed only defends the title against claims that arose during their period of ownership and does not guarantee against any title defects or encumbrances that existed before they acquired the property. This type of deed is often used in commercial real estate transactions and in situations where the grantor is unable to provide a full warranty of title. It is important for buyers to understand the limited nature of the protection offered by a special warranty deed and to consider obtaining title insurance for additional protection.

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Real property

special warranty deed

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Real property

special warranty deed

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