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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 Hawaii, 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 done anything to encumber the property during their ownership. The grantor of a special warranty deed only defends the title against claims that arose during the period of their ownership. This means that if there were any title issues or claims prior to the grantor acquiring the property, the grantor does not warrant against them. Special warranty deeds are often used in specific transactions like foreclosures or sales by corporations that want to limit their liability for past title issues. It's important for buyers to understand the limited nature of the protection provided by a special warranty deed and to consider obtaining title insurance for broader protection.

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Real property

special warranty deed

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Real property

special warranty deed

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