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Special Warranty Deed

title warrants defend jurisdictions

A written instrument that conveys real property in which the grantor (original owner) only covenants to warrant and defend the title against claims and demands by him or her and all persons claiming by, through, and under him or her.

In the special warranty deed, the grantor warrants that neither he nor anyone claiming under him has encumbered the property and that he will defend the title against defects arising under and through him, but no others.

A general warranty deed, in contrast, warrants and defends the title against all claims whatsoever by anyone. In some jurisdictions the special warranty deed is called a quitclaim deed, but in other jurisdictions they are different types of instruments.

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