A legal instrument used to transfer ownership of real property, this type of deed provides the grantee, or buyer, with certain guarantees from the grantor, or seller, about the title. These assurances are defined by specific statutes within a given jurisdiction. The exact warranties implied by such a deed vary from state to state, but commonly include assurances that the grantor holds clear title to the property, has the right to convey it, and that the property is free from encumbrances, except those specifically noted in the deed. For example, in some jurisdictions, the use of specific words like “convey and warrant” automatically creates these statutory warranties.
The significance of this type of conveyance lies in the protection it offers to the buyer. The grantor is legally bound to defend the title against any claims that existed during their ownership. This provides a level of security and confidence in the transaction that is not present in other types of deeds. Historically, the development of statutorily defined warranties aimed to standardize real estate transactions and reduce ambiguity, promoting efficiency and trust within the market. The protection afforded by this type of conveyance makes it a preferred option in many real estate transactions, contributing to its prevalence.