To give a little background information, a deed is the document you use to officially transfer ownership of real property from one owner to another. There are three types of deeds that are typically used: warranty deeds, special warranty deeds, and quit claim deeds.

A warranty deed, sometimes referred to as a general warranty deed, transfers ownership of real property with warranties to the Grantee. This means that the Grantor (the person selling or giving the property to someone else) guarantees to the Grantee (the Buyer or person receiving the property), that he or she holds good title to that property, can sell the property, that there are no encumbrances (or liens) on the property, and that the grantee will not be disturbed by others claiming ownership of the property.

A special warranty deed is similar to a warranty deed in that it provides the same guarantees to the Grantor, however, it is limited specifically to the time that the Grantor owned the property, and Grantor’s specific acts or omissions. In other words, the Grantor is not taking responsibility for anything that may have caused issues with title prior to his ownership.

Unlike a warranty deed or a special warranty deed, a quit claim deed provides no warranties or guarantees by the Grantor regarding the title or encumbrances on the property. It is merely a notice of the transfer of property. Because of the lack of guaranties provided with this deed, we typically don’t recommend the use of quit claim deeds, unless it is necessary for a specific purpose.

There are many different situations in which you would use the different types of deeds mentioned today. It is important to speak with a knowledgeable real estate attorney to assist you with making the determination of which deed is right for you and to comply with the state requirements for each deed.