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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 Illinois, a special warranty deed is a type of deed where the grantor (seller) guarantees the title to the property only against defects that may have arisen during their period of ownership. This means the grantor does not provide a warranty or guarantee against any issues or claims on the title that predate their ownership. The special warranty deed is less protective for the buyer compared to a general warranty deed, which offers a broader warranty against all title defects, regardless of when they arose. The special warranty deed assures the buyer that the grantor has not encumbered the property during their ownership and will defend against any claims or encumbrances that arose during that time. It is important for buyers to understand the limited scope of protection offered by a special warranty deed and to consider obtaining title insurance for additional protection against potential title issues.

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Real property

special warranty deed

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Illinois State Code

Real property

special warranty deed

Illinois State Code

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