Also known as: special warranty deeds · limited warranty deed
Written by attorneys · grounded in primary & secondary sources — see below
A deed in which the grantor warrants title only against claims arising by, through, or under the grantor. The grantor makes no promises regarding defects that existed before the grantor acquired the property. Covenants in the deed may run with the land to benefit subsequent grantees.
Metro Youth Academy conveyed its soccer complex to River City FC by special warranty deed. Local leagues later asserted field-use rights that Metro had granted before the sale. River City sued Metro for breach of the quiet enjoyment covenant. Recovery turned on whether the leagues' claims arose through Metro's own prior grant.
TRMI conveyed a refinery to El Paso Refinery entities by special warranty deed as part of a larger spin-off. Later environmental claims arose from contamination that predated TRMI's ownership. The buyer sought to hold TRMI responsible under the deed covenants. Liability depended on whether the claims traced to acts by, through, or under TRMI.
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A special warranty deed limits the grantor's liability to defects arising 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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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 arises through that grantor.
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No. The deed provides no warranty for title defects that existed before the grantor acquired the property. The grantee bears the risk of those earlier defects.
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The grantee must show that the interfering claim or defect arose by, through, or under the grantor. Claims originating with remote predecessors fall outside the warranty.
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