When real estate is transferred from one owner to another, the type of deed matters.
A quit claim deed, general warranty deed, and special warranty deed can all transfer real estate, but they provide very different levels of protection to the person receiving the property.
The main difference is not the property being transferred. It is the promises the grantor makes about title.
A quit claim deed generally makes no title warranties. A general warranty deed generally provides the broadest warranties. A special warranty deed falls between the two, with warranties generally limited to problems arising during the grantor’s period of ownership.
Understanding that distinction can help you choose the deed that fits the particular transfer.
First: Grantor, Grantee, and Title
The person transferring the property is called the grantor.
The person receiving the property is called the grantee.
“Title” refers to legal ownership of the property. A title problem can arise from matters such as an undisclosed lien, an earlier defective deed, a competing ownership claim, or another problem in the property’s chain of title.
The type of deed determines, among other things, whether the grantor makes promises to the grantee concerning those title problems.
That is why two deeds transferring exactly the same property to exactly the same person can create different legal obligations for the grantor.
Quick Comparison
| Type of Deed | What Interest Is Transferred? | Title Warranties | General Concept |
|---|---|---|---|
| Quit Claim Deed | Whatever interest the grantor has, if any | Generally none | “I transfer whatever interest I have.” |
| General Warranty Deed | Grantor’s ownership interest | Broad warranties extending to title problems arising before and during the grantor’s ownership | “I transfer the property and broadly warrant the title.” |
| Special Warranty Deed | Grantor’s ownership interest | Limited warranties generally covering the grantor’s period of ownership | “I warrant against title problems arising through me, but not before me.” |
The exact warranties and terminology can vary by state, so the deed language and applicable state law should always be considered.
What Is a Quit Claim Deed?
A quit claim deed—also commonly written as “quitclaim deed”—transfers whatever ownership interest the grantor currently has in the property, if any.
The important words are if any.
The grantor generally does not promise that he or she actually owns the property, that the title is free of defects, or that another person will not later assert a superior interest.
Cornell’s Legal Information Institute describes a quitclaim deed as conveying the grantor’s present interest, if any, without representing or warranting that the title is good.
Example
Assume Robert signs a quit claim deed transferring his interest in a parcel to Lisa.
If Robert owns the entire property, the deed can transfer that interest to Lisa.
If Robert owns only a one-half interest, the deed generally transfers only that one-half interest.
If Robert has no ownership interest at all, the quit claim deed generally does not magically give Lisa ownership of the property.
The deed transfers whatever interest Robert has—it does not create an ownership interest Robert never possessed.
Does “No Warranty” Mean a Quit Claim Deed Is Invalid?
No.
A quit claim deed is not inherently defective or invalid simply because it provides no warranties.
It is a legitimate form of conveyance. What distinguishes it from the warranty deeds is the level of assurance the grantor provides concerning title.
The issue is therefore not whether a quit claim deed “works.” The issue is whether a deed without title warranties is appropriate for the particular transaction.
When Might a Quit Claim Deed Be Used?
Quit claim deeds are often considered for transactions in which the parties already understand the ownership situation and the grantee is not expecting the grantor to provide title warranties.
Examples can include transfers between family members, transfers associated with some divorce or property-settlement arrangements, transfers into or out of a trust, correcting or releasing a possible ownership interest, or other transactions in which the parties intentionally do not want title warranties.
That does not mean a quit claim deed is automatically the right deed for every transfer between relatives or into a trust. Existing title insurance, mortgage requirements, state law, and the circumstances of the transfer should still be considered.
A quit claim deed is generally not the type of deed a buyer expects in an ordinary arm’s-length residential purchase when the seller is expected to stand behind the title. The American Bar Association notes that quit claim deeds contain no title warranties and are not typically used for ordinary residential purchase transactions.
What Is a General Warranty Deed?
A general warranty deed provides substantially greater protection to the grantee.
With a general warranty deed, the grantor generally makes broad promises regarding title and may remain responsible for covered title defects even when the problem began before the grantor acquired the property.
Traditional warranty covenants can include assurances concerning ownership, the right to convey, undisclosed encumbrances, quiet enjoyment, warranty of title, and further assurances. The precise covenants created by a deed depend on state law and the language used.
Example
Assume Susan buys a house from Michael using a general warranty deed.
Five years later, someone asserts a valid ownership claim resulting from a defective deed recorded 20 years before Michael ever owned the property.
Depending on applicable law and the deed’s terms, Michael’s general warranty obligations may extend to that earlier title defect even though Michael did not personally cause it.
That is the principal distinction between a general warranty and a special warranty.
What Does a General Warranty Deed Usually Promise?
The terminology differs among states, but the basic concept is that the grantor provides broad protection concerning title.
A general warranty deed may effectively promise that the grantor owns the interest being conveyed, has the legal ability to convey it, has not left undisclosed title encumbrances covered by the warranty, and will stand behind the grantee’s title against covered claims.
This is why a general warranty deed usually places more potential title risk on the grantor than either a special warranty deed or a quit claim deed.
What Is a Special Warranty Deed?
A special warranty deed, sometimes called a limited warranty deed, provides title warranties that are narrower than those contained in a general warranty deed.
The basic distinction is time.
The grantor generally warrants against covered title problems that arose during the grantor’s ownership, but does not provide the same warranty concerning defects that arose before the grantor acquired the property.
The operative deed language in some jurisdictions may refer to claims arising “by, through, or under” the grantor.
Example
Assume David purchased property in 2018 and conveys it to Maria in 2026 using a special warranty deed.
If David created an undisclosed lien against the property in 2022, the special warranty may protect Maria because the problem arose during David’s ownership.
But if a valid title defect originated in 2005—years before David acquired the property—the special warranty generally would not make David responsible for that earlier problem.
A general warranty deed could produce a different result.
Why Would Someone Use a Special Warranty Deed?
A special warranty deed allocates title risk differently.
The grantor agrees to stand behind what happened while the grantor owned the property but does not assume responsibility for the entire history of the title.
Special warranty deeds are particularly common in commercial real-estate transactions, where parties frequently rely on title examination and title insurance in addition to the deed.
They may also be used in other circumstances where the grantor is willing to warrant against the grantor’s own acts but does not want to guarantee everything that may have occurred in the property's earlier chain of title.
General Warranty vs. Special Warranty: The Key Difference
The easiest way to distinguish the two is to ask:
How far back does the grantor’s warranty reach?
With a general warranty deed, the warranty generally reaches title problems arising both before and during the grantor’s ownership.
With a special warranty deed, the warranty generally covers only title problems connected with the grantor’s period of ownership.
That difference can become significant if an old title defect is discovered years after the transfer.
The Type of Deed Does Not Tell You Whether the Title Is Actually Clear
This is an important distinction.
Receiving a general warranty deed does not itself prove that the property has perfect title.
Similarly, receiving a quit claim deed does not necessarily mean there is anything wrong with the title.
The deed establishes the conveyance and determines the warranties the grantor is giving. The actual condition of title depends on the property’s ownership history and recorded interests.
That is why purchasers commonly use a title search and, where appropriate, owner’s title insurance.
Deed Warranties and Title Insurance Are Not the Same Thing
These protections are related but different.
A deed warranty is a promise made by the grantor to the grantee.
Title insurance is protection provided under an insurance policy, subject to that policy’s terms, exclusions, exceptions, and limits.
If a covered title problem arises, the grantee’s rights against the grantor depend on the deed warranties. The grantee’s rights against the title insurer depend on the insurance policy.
One does not automatically replace the other.
Even when a general warranty deed is used, purchasers commonly obtain title insurance rather than relying solely on the seller’s warranty.
What About Liens, Easements, and Other Exceptions?
A warranty deed does not necessarily promise that absolutely no other interest affects the property.
Deeds frequently identify permitted exceptions or state that the conveyance is subject to specified matters, such as recorded easements, restrictive covenants, mineral interests, taxes, or other encumbrances.
The warranties must therefore be read together with the exceptions stated in the deed and applicable law.
A general warranty deed with stated exceptions is not the same thing as an unconditional promise that no encumbrance of any kind exists.
Which Deed Should I Choose?
Start with the amount of title protection the parties intend the grantor to provide.
If the grantor intends to transfer whatever interest the grantor has without making title warranties, a quit claim deed may fit the transaction.
If the grantor intends to provide broad warranties covering the property's title history, a general warranty deed may be appropriate.
If the grantor intends to warrant title only against matters arising during the grantor's ownership, a special warranty deed may be appropriate.
But that is only the starting point. State law, local real-estate practice, the purchase agreement, title insurance requirements, lender requirements, and the relationship between the parties can all affect the appropriate choice.
A Few Common Situations
Transfer between spouses or family members. A quit claim deed is sometimes used when the recipient is not requesting title warranties. But family relationships alone do not determine the correct deed.
Transfer to a revocable living trust. A quit claim deed may sometimes be used when an owner transfers property to his or her own trust, but the existing title insurance policy, mortgage, and state-specific requirements should be reviewed.
Ordinary sale to an unrelated buyer. A buyer may expect some form of warranty deed. Whether the customary deed is a general warranty deed, special warranty deed, grant deed, or another state-specific form depends on the jurisdiction and transaction.
Commercial real estate. Special warranty deeds are common because the seller often agrees to warrant only against title problems arising during its ownership, while the buyer also relies on title insurance.
Do Not Choose a Quit Claim Deed Just Because It Seems Simpler
The quit claim deed is sometimes viewed as the “simple” deed.
That can be misleading.
The document may be straightforward, but choosing it has legal consequences because the grantor is generally providing no warranty of title.
Likewise, choosing a general warranty deed simply because it appears to provide the “best” protection can impose broader obligations on the grantor than the parties intended.
The right deed is the one that accurately reflects the transaction.
The Names of Deeds Can Vary by State
Not every state uses exactly the same terminology or creates exactly the same warranties from the same words.
For example, some jurisdictions use terms such as grant deed, limited warranty deed, or statutory forms that create particular covenants through specific wording. Cornell notes that grant deeds may function as limited-warranty instruments in jurisdictions using that terminology.
Recording, execution, witness, acknowledgment, formatting, and marital-property requirements also vary.
For that reason, the deed should be prepared for the state where the real estate is located.
The Bottom Line
The difference among these three deeds is primarily the scope of the grantor’s title warranties:
Quit Claim Deed: Transfers whatever interest the grantor has, if any, generally without warranties of title.
General Warranty Deed: Provides the broadest title warranties and generally covers covered defects arising both before and during the grantor’s ownership.
Special Warranty Deed: Provides limited warranties generally covering title problems arising during the grantor’s ownership, but not earlier defects.
None of these choices should be made based solely on the name of the document. Consider what the grantor is actually promising, what protection the grantee expects, and what state law requires.
When title is disputed, an existing lien or ownership problem is suspected, only part of the property is being transferred, or you are uncertain about which warranties should be given, consider consulting a real-estate attorney or title professional before signing the deed.
This article provides general educational information and is not legal advice. Laws, legal requirements, and individual circumstances vary. Consult a licensed attorney in the appropriate jurisdiction for advice about a specific situation.
