A warranty deed is a deed that transfers ownership of real property—and guarantees certain characteristics of the title (ownership) being transferred. Under a warranty deed the seller guarantees or warrants that the title to the property (ownership) is good, clear, and free from encumbrances, liens, mortgages, and other claims. These guarantees of good and clear title are also known as covenants.
A warranty deed—also known as a general warranty deed or a full covenant and warranty deed—provides the greatest amount of protection to a purchaser of property and is often used when a buyer is trying to get financing for the purchase of a property.
Because a warranty deed places responsibility on the seller for ensuring title to the property is clear of liens, claims, and encumbrances, title insurance is often used to protect against the risk of claims and to facilitate the sale of the property.
When the parties to a sale transaction purchase title insurance the title company or the buyer’s attorney will perform a search of the public records regarding ownership of the property to make sure the purported seller of the property owns the property and that there are no other co-owners of the property, or liens, claims, or encumbrances on the property that might compete with or be made against the buyer after the sale transaction is completed.
In Utah, a warranty deed is a legal document used to transfer property ownership with the assurance that the title is clear of any defects, liens, or encumbrances. This type of deed includes covenants where the seller guarantees that they hold a good and clear title to the property and have the right to sell it. The warranty deed offers the highest level of protection to the buyer and is commonly required by lenders when financing a property purchase. To mitigate the risks associated with title defects, title insurance is frequently obtained. When title insurance is involved, a title company or the buyer's attorney will conduct a thorough search of public records to confirm the seller's ownership and ensure there are no undisclosed co-owners, liens, or other claims that could affect the buyer's title post-sale. The use of warranty deeds and title insurance in Utah helps to provide security and peace of mind in real estate transactions, ensuring that buyers receive a clear title to their new property.