Sample General Warranty Deed Warranty Deed¹ NOTICE: Prepared by the State Bar for use by Lawyers only.² The State of County of 3 KNOW ALL MEN BY THESE PRESENTS: That GRANTOR 4 and GRANTOR S SPOUSE 5 of the County State of, 6 for and in consideration of the sum of $ and other valuable consideration 7 to the undersigned paid by the grantees herein named, the receipt of which is hereby acknowledged, have GRANTED, SOLD AND CONVEYED, and by these presents do GRANT, BARGAIN, SELL AND CONVEY 8 unto GRANTEE and GRANTEE S SPOUSE of the County of and the State of 9, all of the following described real property in County, State, to-wit: Lot 1, Block 1, Harrison Park, Y County, X State, as shown of record at Volume 1, Page 1, of the Map Records of Y County, X State. 10 TO HAVE AND TO HOLD 11 the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging, unto the said grantees, their heirs and assigns forever. And the Grantor hereby covenants with the said grantee that the grantor is lawfully seized of the said premises; that the grantor has good right and lawful authority to sell
and convey said premises; and hereby warrants the title to said premises and will defend the same against lawful claims of all persons whomsoever; and that said premises is free of all encumbrances, excluding exceptions named herein. 12 EXECUTED this day of, A.D.. 13 Signed, sealed and delivered in the presence of: (Signature of Witness) 14 (Signature of Seller) 15 ACKNOWLEDGEMENT 16 The State of X The County of Y (Signature of Seller s Spouse) Before me, the undersigned authority, on this day personally appeared SELLER and SELLER S SPOUSE Known to me to be the persons whose names are subscribed to the forgoing instrument, and acknowledged to me that they executed the same for the purpose and consideration therein expressed. Given under my hand and seal of office on this day of, A.D.. (Seal) (Signature of Notary in and for Y County, X State)
1. Warranty Deed Title: As this sample deed illustrates, titles are commonly included as part of all deeds; however, if the title of the deed is inconsistent with the deed s actual wording or purpose, then the title of the deed is ignored. The wording of the granting clause determines the type of deed being used. 2. Notice from the State: This notice indicates that real estate professionals are not permitted to create deeds. Attorneys may create deed forms, which may be completed with transactionspecific information by a real estate licensee. 3. Deed Introduction: A deed introduction usually includes the state and county in which the property is situated. The deed will also be recorded in this county. 4. Grantor s Name: The name(s) of the grantor appear(s) here on the deed. If there is more than one grantor involved in a transaction, all of the grantors must be listed. 5. Grantor s Name: If a grantor s spouse holds any interest in the subject property, the spouse s name must also appear on the deed. In addition, it is common for all deeds to reflect the grantor s marital status; this information helps to clarify the chain of title, and can be useful in clearing any discrepancies that may later arise. 6. Place of Residence: The grantor s place of residence is not essential to the contract; however, this information is generally included because it makes it easier to locate the grantor, and helps to further distinguish the grantor from other individuals. For example, if a grantor has a particularly common name, then his or her place of residence may provide further identification. 7. Consideration: Consideration must be included in any deed for title conveyance. Consideration is an item or service of value that the contracting parties promise to exchange in demonstration that they acknowledge and agree to the terms and conditions of the contract. 8. Granting Clause: All valid deeds of conveyance must contain a granting clause, or words of conveyance. Usually, the words grant, bargain, sell and convey are used in a general warranty deed, although the specific wording may vary slightly.
9. Grantee(s) name(s) and place of residence: All legally valid deeds of conveyance must name and distinguish a grantee. As with the grantor, if a grantee is married, the name of grantee s spouse will also appear on the deed. This information helps to clarify the chain of title, and can be useful in clearing any discrepancies that may later arise. Although the grantee s place of residence is not required for valid conveyance, it is often included. 10. Legal Description: A legal description of the subject property is needed for valid conveyance. This sample deed utilizes the recorded plat method of legal land description; this method is indicated by the use of a block number and a lot number to describe the property. The term plat refers to a developer s map. When developers buy undeveloped parcels of land to build a subdivision, they generally begin their projects by dividing the undeveloped parcels into lots and blocks (with blocks being street blocks and lots being individual parcels for homes). After construction, the developer may enter his or her plat into a public record. A recorded plat can provide references (lot and block numbers) that can serve as legal land descriptions. Keep in mind that there are other methods of creating a legal land description, such as the rectangular survey method, vertical land description, and metes and bounds. While all deeds require some legal description of the property, no particular method of description is mandated. 11. Habendum Clause: A habendum clause defines the extent of interest to be conveyed by the deed. A habendum clause is not always required for a deed, and may be omitted when appropriate. Any restrictions, both public and private, or encumbrances on the use of the property will be included in the habendum clause. Usually, habendum clauses do not list every applicable ordinance or deed restriction they focus on those that are unique to the property being conveyed. Instead of listing all relevant general restrictions, a habendum clause will usually state that the property is subject to all public and private regulations within the governing jurisdiction. 12. Covenants: The covenant of seisin, covenant against encumbrances, covenant of quiet enjoyment, covenant for further assurances, and covenant of warranty are included in a general warranty deed as protection against title defects. 13. Date: Generally, the date that is written on the deed (i.e., the date the deed is delivered to and accepted by the grantee) is considered to be the official date of the transfer. In the event of
a title discrepancy, the recorded date (i.e., the date that the grantee records the deed in the public records) is the date that will be recognized by a court. 14. Witness Signature: Some states required deeds to be witnessed by third parties. In this case, the witness s signature is included in this section of the deed. 15. Grantor s Signature: The grantor s signature is required for valid conveyance. If there is more than one grantor, all grantors must sign the deed. 16. Acknowledgment: Acknowledgement is not required for valid conveyance; however, a deed that is not acknowledged may not be recorded in the public record. Acknowledgment is made before a public official, usually a notary public, and serves to prove that the grantor is who he or she claims to be and is acting freely.