General warranty deed vs special warranty deed
Both carry title covenants. The only difference is how far back they reach: a general warranty deed covers everything that ever happened to the property, and a special warranty deed covers only what happened while the grantor owned it.
| General warranty deed | Special warranty deed | |
|---|---|---|
| Covers defects from | The property's entire history | Only the grantor's ownership period |
| Seller's exposure | Unlimited in time | Limited to their own tenure |
| Buyer protection | Maximum | Partial |
| Typical residential sale | The norm | Used for estates and inherited property |
| Typical commercial sale | Uncommon | The norm |
| Also called | Full covenant deed | Limited warranty deed, covenant deed, grant deed (CA) |
A concrete example
In 1968 a previous owner granted a utility easement across the back of the lot and it was never properly recorded. You bought the property in 2019 and are selling it now. The easement surfaces in 2027 and the new owner cannot build their extension.
- Under a general warranty deed, you're liable. You warranted the title against all claims, including one created 51 years before you owned it.
- Under a special warranty deed, you're not. The easement predates your ownership and you promised nothing about that period.
Who should use which
| Seller | Usually gives |
|---|---|
| A homeowner selling a house they have lived in for years | General warranty deed |
| An executor or trustee selling estate property | Special warranty deed |
| A bank selling a foreclosed property | Special warranty deed |
| A builder or developer | Special warranty deed |
| Anyone selling an inherited house | Special warranty deed |
| A commercial seller | Special warranty deed |
For the buyer, the gap is smaller than it looks
Title insurance covers defects regardless of when they arose, and it pays claims rather than giving you a lawsuit. A buyer with a full title search and an owner's policy is well protected under either deed. The covenant difference matters most when there is no title insurance, which is precisely when you should not be buying.
$69 for either. The interview asks how long you have owned the property and recommends accordingly.
Common questions
Less protective, not necessarily risky. With a full title search and an owner's title insurance policy, the practical exposure is small. Without them, the gap is real and you should not close.
You can negotiate for one, and if your purchase contract specifies it, the seller is contractually bound. Institutional sellers (banks, estates, developers) will usually refuse and walk rather than warrant a history they know nothing about.
Functionally, yes. California's grant deed carries two implied covenants. That the grantor has not already conveyed the property to someone else, and that they have not encumbered it, which limits the warranty to their own period of ownership.
Keep reading
Deedly is not a law firm
We provide self-help software and state-specific statutory forms; you make your own decisions about your property. Using Deedly does not create an attorney-client relationship, and nothing here is legal advice. If your situation is complex or contested, talk to a licensed attorney in your state.