A warranty deed is a legal instrument that conveys ownership of real property with guarantees from the seller (grantor) to the buyer (grantee). The grantor warrants that they hold clear title to the property, free from undisclosed liens or encumbrances, and will defend against any claims made against the title by third parties. This type of deed offers the highest level of protection for the buyer, providing assurance regarding the property’s title history and potential future issues. For example, if a buyer purchases property with a warranty deed and a previous owner later claims a right to the property, the seller is legally obligated to defend the buyer’s title.
The significance of securing a deed that includes warranties lies in the security it provides to the new owner. It minimizes the risk of unexpected title defects emerging after the transaction, which can lead to costly legal battles or even loss of the property. Historically, warranty deeds evolved to provide a more reliable transfer of property rights compared to earlier methods where the buyer bore the sole responsibility for researching and validating the title. The protection afforded by such a deed is invaluable in ensuring the buyer’s investment is secure and that they are the rightful and unencumbered owner of the property.