If you own a home — or are thinking about buying one — you’ve probably heard the word deed tossed around a lot. But what is a deed, really, and why does it matter so much?

Let’s break it down.

What Is a Deed?

    A deed is the legal document that proves you own a piece of real estate.

  The easiest way to think about it is this:

• A car title proves you own a car
• A deed proves you own a house

    Without a properly executed deed, ownership does not legally transfer — no matter how much money changed hands.

Why Deeds Matter More Than You Think

    A deed doesn’t just say who owns the property. It also determines:

• The quality of ownership you’re receiving
• What rights transfer to you
• Whether past ownership issues could come back to haunt you

    This is why understanding the type of deed is just as important as understanding the purchase price.

The Two Most Common Types of Deeds

    When writing a real estate contract, one of the most important questions is:

Will the seller provide a statutory warranty deed or a special warranty deed?

    Let’s talk about the difference — because it’s a big one.

Statutory Warranty Deed (The One You Want)

    A statutory warranty deed is the gold standard for buyers.

    This type of deed guarantees that:

• The seller has full legal ownership
• The title is clean
• There are no undisclosed claims, liens, or ownership issues
• The property’s ownership is protected from the beginning of time

    In other words, if someone from decades ago suddenly pops up claiming ownership, you’re protected.

    This protection is backed by title insurance, which warrants the deed for the life of your ownership.

    Think of it like this:

  If land was transferred back in 1905 and something went wrong, no one can come knocking on your door today saying, “That old transfer didn’t count.”

Special Warranty Deed (Not So Special)

    Despite the name, a special warranty deed is not special in a good way.

    This type of deed only guarantees that the seller didn’t mess anything up during the time they owned the property

  That’s it.

    If the seller owned the property for seven years, you’re only protected for those seven years. Anything that happened before that? You’re on your own.

    Even worse:

• You generally cannot get full title insurance protection with a special warranty deed
• Buyers take on significantly more risk

    This is why most residential buyers should avoid special warranty deeds whenever possible.

Why Title Insurance Is So Important

    Title insurance works hand-in-hand with a statutory warranty deed.

    It ensures that:

• Ownership transfers correctly
• Past defects are covered
• Your rights are protected long after closing

    It’s your safety net — and one you don’t want to skip.

The Bottom Line

    Not all deeds are created equal.

✔ A statutory warranty deed protects you from the beginning of time
✖ A special warranty deed only protects you during the seller’s ownership

    If you’re buying a home, you want the right kind of deed, not the “special” one.

Final Thoughts

    Deeds may not be the most exciting part of real estate — but they are one of the most important.

    Understanding what type of deed you’re receiving can mean the difference between peace of mind and a major legal headache.

Edna Wilson
Your Hometown Realtor — as Hometown as Apple Pie

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