Also known as: special warranties · special warranty deed
Written by attorneys · grounded in primary & secondary sources — see below
A deed that warrants title only against claims arising by, through, or under the grantor.
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Sarah Sullivan conveyed vacant land to Sierra Solutions by special warranty deed. After closing a neighboring owner asserted an easement granted by a predecessor before Sarah took title. Sierra Solutions could not recover damages from Sarah Sullivan because the asserted interest did not arise through her.
Stella Shapiro conveyed a commercial building to Solstice Ventures by special warranty deed. A tenant later claimed a long-term lease that Stella Shapiro herself had granted during her ownership. Solstice Ventures recovered from Stella Shapiro because the lease arose through the grantor.
A special warranty deed covers only claims arising by, through, or under the grantor. It does not protect against defects created by earlier owners in the chain of title.
Supporting sources
A general warranty deed warrants against all title defects regardless of when they arose. A special warranty deed limits protection to defects traceable to the grantor.
Supporting sources
Yes. Covenants for title in a special warranty deed may run with the land and support claims by later grantees against the original grantor when the defect arose through that grantor.
Supporting sources
…reverse side hereof are expressly made a part of this agreement.” 235 S. W. 2d, at page 990. The back of the order contained special warranties limiting the seller’s liability to defects in material and workmanship which might develop under normal use and service, the obligation being limited to making good at its factory any…