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 Utah, a special warranty deed is a legal document used to transfer property ownership with limited warranty of title. This type of deed guarantees that the grantor (seller) has not caused any title defects during their period of ownership. However, it does not provide any warranty against any issues or claims on the title that predate the grantor's ownership. The special warranty deed is less protective than a general warranty deed, which offers a full warranty of clear title against all claims. The specific language in a special warranty deed can vary, but it typically includes clauses that limit the scope of the warranty to the time the grantor owned the property. This type of deed is commonly used in commercial real estate transactions in Utah. As with any legal document affecting real estate, it is advisable to consult with an attorney to understand the implications of using a special warranty deed in a property transaction.