Special Warranty Deed

Deed in which the grantor limits the Title warranty given to the grantee to anyone claiming by, from, through, or under him, the grantor. The grantor does not warrant against title defects arising from conditions that existed before he owned the property. See also Warranty Deed.

A Deed in which the Grantor limits the title Warranty given to the Grantee to anyone claiming by, from, through, or under him, the grantor. The grantor does not warrant against Title defects arising from conditions that existed before he owned the property. See Warranty Deed.
Example: Because of Bankruptcy of its owner, a property goes under trusteeship. When the property is sold to satisfy creditor claims, the Trustee conveys a special warranty deed to the buyer. This provides the buyer with warranty against claims incurred only during the time the property was held by the trustee.

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 claim- ing under him has encumbered the property and that he will defend the title against de- fects 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.