Special Warranty Deed: What It Is and What It Covers

A special warranty deed transfers real estate with a limited warranty of title. The seller warrants the title only against claims traceable to the seller, which deeds phrase as claims "by, through or under" the grantor. Claims traceable only to earlier owners fall outside that warranty, though a deed can carry other covenants under state law. Some states call it a limited warranty deed, grant deed or covenant deed.

Pillar, a land research software company, wrote this guide. Deed law is state law, so each statute, case and form below is an example from the state or organization named. We checked every source on November 14, 2026. This is general information, not legal advice. Confirm the rules for your property with a licensed attorney in your state.

What is a special warranty deed?

A deed does two things. It conveys the property, and it can carry covenants, which are the seller's promises about the title. A general warranty deed and a special warranty deed differ in the promises.

The Texas Supreme Court explained the difference in Chicago Title Insurance Co. v. Cochran Investments, Inc. (June 19, 2020). A general warranty "applies to any failure or defect in the grantee's title, whatever the source." Under a special warranty, the court said, quoting an earlier Texas decision, the grantor "warrants the title only against those claiming 'by, through or under' the grantor."

The grantor is the seller. The grantee is the buyer. In plain terms, a claim "by, through or under" the grantor is one that traces to the seller. Our examples: a mortgage the seller signed, an easement the seller granted, an earlier deed the seller gave to someone else. A claim that traces to a previous owner is outside the promise.

The same opinion, quoting earlier Texas decisions, says a warranty clause "neither strengthens, enlarges, nor limits the title conveyed, but is a separate contract on the part of the grantor to pay damages in the event of failure of title," and that a special warranty deed still "conveys the land itself."

Special warranty deed wording and names, state by state

The name and the covenants change by state. Read the covenant, not the caption.

• Ohio: limited warranty deed. The statutory form grants "with limited warranty covenants" (ORC 5302.07). Those words mean: "The grantor covenants with the grantee, his heirs, assigns, and successors, that the granted premises are free from all encumbrances made by the grantor, and that he does warrant and will defend the same to the grantee and his heirs, assigns, and successors, forever, against the lawful claims and demands of all persons claiming by, through, or under the grantor, but against none other" (ORC 5302.08).
• Virginia: deed "with special warranty." Those words in the granting part of a deed are deemed a covenant to warrant the property specially (Va. Code 55.1-356). That covenant has the same effect as a promise to "forever warrant and defend such property unto the grantee and his heirs, personal representatives, and assigns against the claims and demands of the grantor and all persons claiming or to claim by, through, or under him" (Va. Code 55.1-355).
• Massachusetts: quitclaim deed. Here the name misleads. The words "quitclaim covenants" or "limited covenants" mean that "the granted premises are free from all encumbrances made by the grantor," and that the grantor will defend them "against the lawful claims and demands of all persons claiming by, through or under the grantor, but against none other" (M.G.L. c. 183, § 17). A duly executed deed that in substance follows the statutory "Quitclaim Deed" form carries covenants to the same effect (§ 11).
• California: grant deed. In a conveyance of a fee simple or other estate of inheritance, the word "grant" implies two covenants "and none other," unless the deed's express terms restrain them. One is that, before signing, the grantor "has not conveyed the same estate, or any right, title, or interest therein, to any person other than the grantee." The other is that the estate is, at the time of the conveyance, "free from incumbrances done, made, or suffered by the grantor, or any person claiming under him" (Cal. Civ. Code 1113).
• New York: bargain and sale deed with covenant against grantor. In this statutory form the seller "covenants that he has not done or suffered anything whereby the said premises have been incumbered in any way whatever" (N.Y. Real Property Law 258). The same section has a bargain and sale deed without that covenant, so the name alone does not tell you which one you have.
• Texas: special warranty deed, written into the deed. The Property Code gives a form with a covenant of general warranty and adds that "A covenant of warranty is not required in a conveyance" (Tex. Prop. Code 5.022). As we read it, the section has no special warranty form, so the limit comes from the deed's own words. The deed in the Cochran case bound the seller to defend the property "against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through and under [Cochran], but not otherwise."
• Michigan: covenant deed. A 2024 article by two Holland & Knight lawyers in The Practical Real Estate Lawyer says "Michigan's covenant deed is the rough equivalent of the special or limited warranty deed used in other states," and warns against using the word "warranty" in one.

The wording matters. Ohio's and Massachusetts's covenants reach encumbrances "made by the grantor." California's and New York's also reach those the grantor "suffered."

Special warranty deed vs general warranty deed vs quitclaim deed

Ohio puts all three in one chapter of its code, so it makes a clean comparison. Here is each promise in the general warranty deed (ORC 5302.06), the limited warranty deed (ORC 5302.08) and the quit-claim deed (ORC 5302.11).

• The seller owns the land. General: yes, the grantor "is lawfully seized in fee simple of the granted premises." Limited: not stated. Quit-claim: no.
• The seller has the right to sell it. General: yes, the grantor "has good right to sell and convey the same." Limited: not stated. Quit-claim: no.
• There are no liens or other encumbrances. General: the premises "are free from all encumbrances." Limited: they are "free from all encumbrances made by the grantor." Quit-claim: no.
• The seller will defend the buyer's title. General: "against the lawful claims and demands of all persons." Limited: against "all persons claiming by, through, or under the grantor, but against none other." Quit-claim: no. Ohio's quit-claim form conveys "without covenants of any kind on the part of the grantor."

Deeds also list exceptions. Ohio's forms leave a space for "encumbrances, reservations, and exceptions, if any." Texas A&M's Real Estate Center, writing about Texas deeds, says a deed usually has an exceptions section, and that known and existing encumbrances listed there are "specifically excluded from the warranties made in the deed" (Seller Beware, 2016).

On the gap between a special warranty deed and a quitclaim, the Texas Supreme Court said in Cochran that "unlike a quitclaim deed, a special warranty clause still protects the grantee with respect to a failure or defect of title created by the grantor."

A worked example: three owners, two defects

This is an illustration, not a real parcel. It measures each deed against Ohio's statutory covenants quoted above. Assume both mortgages are still enforceable, which depends on state law.

1. 2004. Avery buys a 40-acre tract.
2. 2008. Avery borrows from a private lender and signs a mortgage on the tract. It is recorded and never released. This is defect 1. It arose under the first owner.
3. 2012. Avery sells to Blake. Nobody catches the 2008 mortgage.
4. 2021. Blake sells to Casey.
5. 2023. Casey borrows from a different lender to build a road and signs a mortgage. It is recorded and not paid off. This is defect 2. It arose under the seller.
6. 2026. Casey sells to you. There is no title search, and neither mortgage is paid at closing. A year later both lenders demand payment.

What you can claim from Casey depends on the deed Casey gave you. As we read the covenants:

• General warranty deed. Casey promised the land was "free from all encumbrances" and agreed to defend against "all persons." You have a claim against Casey for both mortgages, even though Casey had nothing to do with the 2008 one.
• Special (limited) warranty deed. Casey promised the land was "free from all encumbrances made by the grantor" and agreed to defend only against persons claiming "by, through, or under the grantor." The 2023 lender claims under Casey, so you have a claim for defect 2. The 2008 lender claims under Avery, so you have no claim against Casey for defect 1.
• Quit-claim deed. Casey made no covenants. You have no claim on the deed for either mortgage.

Two things the example shows:

• The deed type does not remove a defect. Both mortgages burden the land under all three deeds. The deed decides who pays.
• An earlier deed may help. If Blake gave Casey a general warranty deed in 2021, that deed promised more. Ohio's covenants run to the grantee's "heirs, assigns, and successors," and the Texas Supreme Court said in Cochran that "a warranty of title runs with the land" and is not breached until the buyer is actually or constructively evicted by someone with superior title. As we read those sources, a later owner may be able to claim on an earlier owner's general warranty. Whether you can, and for how long, is a question for a lawyer in your state.

Who uses a special warranty deed, and why?

We found no published count of deed types. These are documented examples.

• HUD. In the sales contract for HUD-owned homes, HUD agrees to prepare "a deed containing a covenant which warrants against the acts of the Seller and all claiming by, through or under him" (form HUD-9548, 2/2023).
• Fannie Mae. A purchase contract posted on its HomePath site, with a blank for an "REO #," requires a deed in which the "grantor will only defend title against persons claiming by, through, or under the grantor, but not otherwise." It adds: "Under no circumstances shall Seller be required to deliver any form of deed which grants a general warranty of title" (Form 001, 05/06/2019, section 15).
• The FDIC. One of its standard-form real estate contracts says the "Seller will convey the Property by special warranty deed" (Standard Form - SWD, revised June 2020).
• Executors and trustees. Some states give them their own forms. New York's statutory executor's deed has one covenant, that the executor "has not done or suffered anything whereby the said premises have been incumbered in any way whatever" (Real Property Law 258). Ohio's deed for an executor, administrator, trustee, guardian, receiver or commissioner promises less, as we read it. Its covenants cover the fiduciary's appointment, authority to sell and compliance with the statutes (ORC 5302.10).
• Commercial sellers. The Holland & Knight article opens: "In many jurisdictions in the United States, the form of deed contemplated in a commercial real estate purchase and sale agreement (PSA) is a special warranty deed." The authors "suspect" such deeds are now customary in commercial deals nationwide, and say so as a suspicion, not a finding.
• Builders. As one example, a New Construction Purchase and Sale Agreement posted by Keystone Homes, Inc. says the seller "will convey good and marketable title to said Property by limited warranty deed," subject to listed matters (agreement, revised 12/22/2021).
• Sellers using a state's standard form. Colorado's commission-approved land contract sets a default, subject to the buyer's compliance with the contract: "Seller, provided another deed is not selected, must execute and deliver a good and sufficient special warranty deed to Buyer, at Closing" (CBS4, mandatory January 1, 2026, section 13). Texas goes the other way. Its promulgated Unimproved Property Contract says the "Seller shall execute and deliver a general warranty deed" (TREC No. 9-18, 05-04-2026, paragraph 9B(1)).

As for why, Texas A&M's Real Estate Center says that with a special warranty deed "the seller reduces his risk by limiting the warranty," which "shifts the risk to the buyer should some other failure of title occur." As we read the forms above, several of these sellers took title through foreclosure, a bank failure or a fiduciary appointment, and they do not vouch for the years before.

Is a special warranty deed good or bad?

Neither. It tells you how much the seller promises, not what is wrong with the title. The Texas Supreme Court, quoting an earlier decision, noted in Cochran that "the limited warranty does not, of itself, carry notice of defects of title."

For a seller, the special warranty limits responsibility to title claims traceable to the seller. For a buyer, the older risk moves to you unless the deed carries other covenants that reach further. The same court, quoting an 1888 decision, put it bluntly: "when a vendee accepts . . . a deed with special warranty, the presumption of law is that he acts upon his own judgment and knowledge of the title, and he will not be heard to complain that he has not acquired a perfect title." The court added that a buyer may still claim the seller fraudulently induced the sale.

That is a reason to check the title, not a reason to walk away. A general warranty is no substitute either, because it is only as good as the seller's ability to pay: Texas A&M's guide notes the seller "could be nowhere to be found or judgment-proof (broke)."

How title insurance covers the gap

An owner's title insurance policy can cover what the seller's warranty leaves out. The 2021 ALTA Owner's Policy insures against loss from "The Title being vested other than as stated in Schedule A," "Any defect in or lien or encumbrance on the Title" and "Unmarketable Title," among other covered risks. It insures "as of the Date of Policy and, to the extent stated in Covered Risks 9 and 10, after the Date of Policy," subject to its exclusions, the Schedule B exceptions and its conditions. As we read it, those risks do not turn on which owner caused the problem. (We read the copy posted by Florida's Office of Insurance Regulation, which carries Florida modifications. Some states use their own forms.)

The Cochran case shows it working. A lender foreclosed on a Houston property in December 2010, and Cochran bought it at the foreclosure sale. In 2011 Cochran sold it for $125,000 and gave a special warranty deed. The buyer obtained an owner's policy from Chicago Title. Four days after the deed, a bankruptcy trustee sued to set the foreclosure sale aside. Chicago Title defended the buyer and paid $45,000 to the trustee and $20,000 to a former co-owner for their interests. It then sued Cochran to recover, won at trial and lost on appeal. The Texas Supreme Court held that the deed "limits Cochran's liability for title defects to those arising from claims 'by, through and under' Cochran." The insurer could not recover from the seller on the claims it brought.

Some important limits in this ALTA form:

• Schedule B exceptions. Matters listed there are excepted from coverage. Read them with any endorsements the insurer issues: where an endorsement conflicts with the policy, "the term or provision of the endorsement controls." One qualification is written into the form: it treats a discriminatory covenant in a listed document as removed, and "Only the remaining provisions of the document are excepted from coverage." Our title commitment guide explains how to read the exceptions before closing.
• Matters created after the policy date. The form excludes matters "attaching or created subsequent to the Date of Policy," and says that exclusion does not limit Covered Risks 9 and 10.
• Matters you created or agreed to. The ALTA form excludes defects, liens and encumbrances "created, suffered, assumed, or agreed to by the Insured Claimant."
• Survey matters, in many cases. Encroachments and boundary overlaps are covered "only if" they "would have been disclosed by an accurate and complete land title survey of the Land," and Schedule B may carry a survey exception. The title commitment guide covers how that exception is removed.
• Loss above the policy amount. Coverage is for loss "not exceeding the Amount of Insurance."

Buying land with a special warranty deed: what to check before an offer

The deed type shows up in three places: the deed clause of the purchase contract, the warranty clause and exceptions in the deed itself, and the earlier deeds in the county records.

1. Read the deed clause before you sign the contract. Texas's unimproved property form calls for a general warranty deed. Colorado's land form defaults to a special warranty deed. Fannie Mae's contract rules out a general warranty. If you want a different deed, ask for it in the contract.
2. Compare the deed handed over at closing with the contract. In Cochran the contract said the seller "shall execute and deliver a general warranty deed." The seller delivered a special warranty deed, and the buyer closed. Under the Texas merger doctrine, "[w]hen a deed is delivered and accepted as performance of a contract to convey, the contract is merged in the deed." To the extent the deed limited the seller's liability in a way the contract did not, the court held, "the merger doctrine forecloses the contract claim." It did not decide whether a claim for delivering the wrong type of deed could have succeeded, because nobody made one. Texas recognizes exceptions to merger, including fraud, accident or mistake.
3. Search the title back past the seller. The special warranty itself reaches only claims traceable to the seller. The search has to cover the years before. Our chain of title guide covers how to trace the owners and how far back a search goes. In states that use abstracts, the abstract of title is the record to read.
4. Note how each earlier owner took title. As we see it, a foreclosure deed, a tax deed or a quitclaim a few years back means fewer warranties behind you.
5. Buy an owner's policy and read Schedule B. The title commitment shows the exceptions before you close.
6. Order a survey. The recorded chain does not show where the lines are on the ground, and the policy covers survey matters only as described above. See our ALTA survey guide.
7. Read the exceptions in the deed. Matters the deed lists as exceptions are outside the warranty. Under the FDIC's standard contract, the deed is expressly subject to a long list of matters "whether known or unknown, recorded or unrecorded." Pull each recorded item and read it. Our deed restrictions guide shows how to find them.
8. If the seller is financing the sale, settle the deed type now. In a land contract you get the deed years later, and the contract fixes what kind. Ohio requires a land installment contract under its statute to include "A statement requiring the vendor to deliver a general warranty deed on completion of the contract, or another deed that is available when the vendor is legally unable to deliver a general warranty deed" (ORC 5313.02(A)(11)). Our land contract guide covers which contracts that statute reaches.

Where Pillar fits

Pillar's property search shows the owner, mailing address, acreage and last sale from the available parcel record, so you know whose name to start with at the recorder. It is not a title search and does not show deeds or their covenants.

Quick answers

What is a special warranty deed in simple terms? A deed with a warranty limited to title claims traceable to the seller. That warranty does not cover claims traceable only to earlier owners, though other covenants in the deed may give broader protection under state law.

What is the difference between a special warranty deed and a general warranty deed? The reach of the promise. A general warranty covers title defects whatever their source. A special warranty covers only claims by, through or under the seller.

Is a special warranty deed better than a quitclaim deed? For a buyer it promises more wherever the quitclaim has no covenants. Ohio's quit-claim form has none, while its limited warranty deed covers encumbrances made by the seller. Massachusetts is different: its quitclaim deed carries limited covenants.

Is a special warranty deed good or bad for a buyer? It gives less than a general warranty deed, but it says nothing about the title itself. What protects you is a title search that goes back past the seller and an owner's title insurance policy.

What is another name for a special warranty deed? Limited warranty deed in Ohio, grant deed in California and covenant deed in Michigan. In New York a bargain and sale deed with covenant against grantor does a similar job, and in Massachusetts the quitclaim deed does. The covenants differ in each.