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 West Virginia (WV), a warranty deed is a legal document used to transfer property ownership with the highest level of buyer protection. It guarantees that the title is free from any defects, liens, encumbrances, or claims. This type of deed includes covenants that assure the buyer of a clear and marketable title. The seller, by providing a warranty deed, is legally bound to defend the buyer against any future claims on the property. To mitigate the risk of title defects, title insurance is commonly purchased during property transactions. Title insurance involves a thorough search of public records by the title company or the buyer's attorney to confirm the seller's ownership and to ensure there are no undisclosed co-owners or outstanding claims. If issues arise after the sale, the seller is responsible for resolving them, making the warranty deed a preferred instrument for property transactions, especially when the buyer is obtaining financing.