A warranty deed is a deed that transfers ownership of real property—and guarantees certain characteristics of the title (ownership) being transferred. Under a warranty deed the seller guarantees or warrants that the title to the property (ownership) is good, clear, and free from encumbrances, liens, mortgages, and other claims. These guarantees of good and clear title are also known as covenants.

A warranty deed—also known as a general warranty deed or a full covenant and warranty deed—provides the greatest amount of protection to a purchaser of property and is often used when a buyer is trying to get financing for the purchase of a property.

Because a warranty deed places responsibility on the seller for ensuring title to the property is clear of liens, claims, and encumbrances, title insurance is often used to protect against the risk of claims and to facilitate the sale of the property.

When the parties to a sale transaction purchase title insurance the title company or the buyer’s attorney will perform a search of the public records regarding ownership of the property to make sure the purported seller of the property owns the property and that there are no other co-owners of the property, or liens, claims, or encumbrances on the property that might compete with or be made against the buyer after the sale transaction is completed.

In South Dakota, a warranty deed is a legal document used to transfer property ownership with the seller providing a guarantee that the title is clear of any liens, claims, or encumbrances. This type of deed offers the highest level of protection for the buyer and is commonly used in transactions where the buyer is obtaining financing. The seller, through the warranty deed, makes specific covenants to the buyer that the title is free and clear, and if any issues with the title arise, the seller is responsible for addressing them. To mitigate the risks associated with title defects, title insurance is frequently purchased. In South Dakota, the process of ensuring a clear title typically involves a title search conducted by a title company or the buyer's attorney to confirm the seller's ownership and to uncover any potential issues with the title before the sale is finalized. This due diligence helps protect the buyer from future claims against the property.