Special Warranty Deed
Real estate in Indiana is transferred by deed. There are several types of deeds, and this is the most common deed form for a corporate seller to give to a buyer. This deed form is sometimes referred to as a “Limited Warranty Deed.”
A Special Warranty Deed transfers title of real property from one party to another with promises, or warrants, that the transferor holds legal title to the real estate. However, those promises are limited to the time period during which the transferor held legal title. In other words, the transferor is not promising that there is good title prior to the time the transferor first owned the property. Virtually every deed type includes exclusions from the warrants, such as real property taxes, easements of record and the like. A Special Warranty Deed places obligations on the transferor, because the transferor is promising that there are no other title defects, such as an unrecorded easement, that arose during the time period which the transferor owned the property.