Also known as: special warranty deed
Written by attorneys · grounded in primary & secondary sources — see below
A deed conveying real property that includes covenants warranting title only against claims arising by, through, or under the grantor. The covenants run with the land and permit the grantee to recover from the grantor when a qualifying defect impairs possession.
Metro Youth Academy conveyed its soccer complex to River City FC by special warranty deed. Local leagues later asserted field-use rights that Metro itself had granted before the sale. River City FC recovered damages from Metro because the interfering claims arose through the grantor and therefore fell within the limited covenants of the special warranty deed.
Leo conveyed a medical office building to Nurse Partners by special warranty deed that limited warranties to claims arising by, through, or under Leo. A recorded restrictive covenant granted by Leo's predecessor remained binding during Leo's ownership and later blocked Nurse Partners' intended use. Nurse Partners could not recover from Leo because the covenant originated with a remote grantor and did not arise through Leo.
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A special warranty deed protects the grantee only against title defects created by, through, or under the grantor. A general warranty deed covers all defects in the chain of title regardless of when they arose.
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Recovery is available only when the interfering claim or encumbrance originated with the grantor. Claims created by remote predecessors fall outside the warranty even if they affected the property during the grantor's ownership.
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Yes. The covenants run with the land and allow a later grantee to enforce them against the original warrantor when a qualifying defect disturbs possession.
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