What Is a Deed?
A deed is a legal document used to transfer ownership of real property from one party (the grantor) to another (the grantee). Different states allow for different types of deeds, and each type offers different levels of protection to the buyer regarding the title to the property.
Deeds are often useful for transferring property in situations involving tax liabilities, estate planning, divorce, or family transfers. The key difference between deed types is the level of warranty — the promise the grantor makes about the quality of the title being conveyed.
Important: In most cases, a valid deed must be drafted by a licensed real estate attorney. Writing up a deed on your own and having it notarized does not make the document legally binding in most states. Always work with a licensed professional when transferring real property.
Three Common Deed Types
A general warranty deed is a legal document that guarantees the grantor (seller) has the right to transfer ownership of the property and that the property is free from any encumbrances or claims — not just during the grantor’s ownership, but throughout the property’s entire history.
This is the strongest form of title guarantee available. The grantor warrants the title against all claims, including those that may have arisen before they owned the property. If any title defect surfaces later — even one from decades before the current owner acquired it — the grantor is legally obligated to defend the grantee and compensate for any resulting loss.
Key protections provided:
- Title is clear and free from all encumbrances, past and present
- Grantor has the legal right and authority to sell the property
- Grantor will defend the title against any and all claims, regardless of when they arose
- Grantee will receive quiet enjoyment of the property without interference
Best for: Standard arm’s length real estate transactions between buyer and seller. Most residential home purchases use a general warranty deed.
A special warranty deed provides a more limited guarantee than a general warranty deed. The grantor only warrants the title against claims that arose during their own period of ownership — not against any defects that may have existed before they acquired the property.
This means the grantee is protected from any title problems the grantor may have created, but has no recourse for issues that originated with prior owners. The grantor is essentially saying: “I guarantee the title was good when it came to me and that I haven’t done anything to impair it — but I make no promises about what happened before I owned it.”
- Covers claims arising only during the grantor’s ownership period
- Does not protect against defects from prior owners
- Title insurance is typically recommended when accepting a special warranty deed
Best for: Commercial real estate transactions, foreclosure sales, estate sales, and transfers from corporations or financial institutions that cannot make broad title warranties about the property’s full history.
A quitclaim deed transfers ownership or a potential ownership interest in real property from grantor to grantee, but provides no warranty whatsoever about the quality of the title. The grantee receives only whatever interest the grantor actually had in the property — which could be full ownership, partial ownership, or nothing at all.
Unlike a warranty deed, a quitclaim deed does not guarantee that the grantor has a valid title, clear ownership, or even the right to transfer the property. If the grantor had no ownership interest, the grantee receives nothing — and has no legal recourse against the grantor for the title defect.
- No title guarantee of any kind
- Grantee receives only whatever interest the grantor possessed
- Grantor has no obligation to defend the title against any claims
- Not suitable when clear title assurance is needed
Best for: Transfers between family members, adding or removing a spouse from a title, clearing a potential cloud on a title, transfers to a trust, or situations where both parties fully understand and accept the title risk (such as divorce settlements where one spouse transfers their interest to the other).
The Six Covenants of a General Warranty Deed
A general warranty deed contains six traditional covenants — legally binding promises the grantor makes to the grantee. These covenants are the foundation of the protection a general warranty deed provides:
1. Covenant of Seisin
The grantor warrants that they actually own the property and have the legal right to convey it. If the grantor didn’t truly own what they sold, this covenant is breached.
2. Covenant of Right to Convey
The grantor warrants they have the legal authority to transfer the property — for example, that they are legally competent and that no restrictions prevent the sale.
3. Covenant Against Encumbrances
The grantor warrants the property is free from liens, mortgages, easements, or other encumbrances not disclosed in the deed. Hidden debts attached to the property are a breach of this covenant.
4. Covenant of Quiet Enjoyment
The grantor warrants the grantee will have peaceful possession of the property without interference from the grantor or third parties claiming through the grantor.
5. Covenant of Warranty
The grantor promises to defend the grantee against any lawful claims to the title and to compensate the grantee for any losses resulting from a title defect, for the property’s entire history.
6. Covenant of Further Assurance
The grantor agrees to take any additional actions necessary in the future to correct title defects or provide additional documentation needed to perfect the grantee’s title.
A special warranty deed contains the same six covenants, but each is limited to the grantor’s period of ownership. A quitclaim deed contains none of them.
Side-by-Side Comparison
| Feature | General Warranty | Special Warranty | Quitclaim |
|---|---|---|---|
| Title guarantee | Full — entire history | Limited — grantor’s ownership only | None |
| Covers pre-ownership defects | ✓ Yes | ✗ No | ✗ No |
| Grantor defends title | ✓ Yes — all claims | Only claims from grantor’s period | ✗ No obligation |
| Buyer protection level | Highest | Moderate | None |
| Title insurance recommended | Always prudent | Strongly recommended | ⚠ Essential |
| Common uses | Residential home sales | Commercial sales, foreclosures, estate sales | Family transfers, divorce, adding/removing spouse |
| Requires attorney | ✓ Yes | ✓ Yes | ✓ Yes |
When Each Deed Type Is Typically Used
Real property transfers intersect with estate planning. Whether you are transferring property into a trust, to a family member, or as part of a divorce settlement, the type of deed matters enormously for the recipient’s legal protection. Always work with a licensed real estate attorney. A fiduciary financial advisor can help coordinate property decisions with your broader financial and estate plan. Contact us for a free, no-obligation consultation.