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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 Indiana, 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 buyer that the seller (grantor) has not personally done anything to encumber the property title 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 any issues or defects in the title that existed before the grantor acquired the property are not covered by this type of deed. The special warranty deed is often used in commercial real estate transactions and in situations where the seller wants to limit their liability for title defects. Indiana state statutes govern the execution, delivery, and recording of special warranty deeds to ensure they are legally binding.

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Real property

special warranty deed

Individual & Family Legal Plan

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Indiana State Code

Real property

special warranty deed

Indiana State Code

Articles