A written instrument that includes certain warranties (promises) and that is used to transfer all of the right, title and interest in and to a parcel of real property from the grantor to the grantee. The usual warranties are (1) “seisin” – the grantor is the possessor and owner of the property and he or she has the right to convey it; (2) quite enjoyment – the grantee will not be disturbed by someone claiming an interest in the property; (3) no encumbrances – the grantor is delivering clear title except as otherwise stated in the deed; (4) further assurance – if necessary, the grantor will procure and deliver additional documents necessary to perfect the grantee’s title; and (5) forever defend – the grantor will bear the expense of defending the grantee’s title against future ownership claims. Warranty deeds may be general or special (in which case the warranties are limited to those claiming by, through or under the grantor). Compare bargain & sale deed and quitclaim deed.
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