Warranty Deed, With Limitations

A warranty deed with limitations is a legal instrument in which the grantor conveys and warrants the title to the grantee, but with specific exceptions or limitations. The deed states that the property is conveyed free of encumbrances except as specifically set forth in the document. This type of deed provides certain warranties while excluding others, as detailed in the instrument.

A general warranty deed typically includes full covenants of warranty, while a warranty deed with limitations restricts those warranties by excepting certain encumbrances or issues. The limitations are explicitly listed in the deed, meaning the grantor only warrants against encumbrances not specifically mentioned. This allows the grantor to convey property without warranting against known issues.

The deed must include the names of the grantor and grantee, a legal description of the property, the consideration amount, and a specific statement of any limitations or encumbrances. It also requires a date, notary acknowledgment, and the notary's commission expiration. Additionally, it must contain the statutory notice regarding land use laws and regulations.

The notice is required to inform the grantee that the property may not be used in violation of applicable land use laws and regulations. It advises the person acquiring fee title to check with the appropriate city or county planning department to verify approved uses before signing or accepting the instrument. This ensures the grantee is aware of potential restrictions on the property's use.

Yes, the warranty deed with limitations should be notarized. The instrument includes a section for notary acknowledgment, where the notary confirms the grantor's signature. Notarization is necessary for the deed to be validly recorded and enforceable.

The warranty deed with limitations should be filed with the appropriate local registry of deeds. This is typically the county office responsible for recording land records. Filing ensures public notice of the property transfer and protects the grantee's interests.

This phrase means that the grantor warrants that the property is free from any claims, liens, or other encumbrances, except for those explicitly listed in the deed. The grantee takes the property subject to those listed exceptions. It limits the grantor's liability for undisclosed encumbrances.

The true consideration is the actual amount paid for the property, which must be stated in the deed. It is written in both numerical and written form, such as '$______ (______________ &___/100 Dollars)'. This ensures clarity and prevents disputes over the purchase price.

The main risk is that the grantee accepts the property subject to the specified limitations or encumbrances, which may affect its use or value. The grantee should verify approved uses with the planning department and review the listed exceptions carefully. Unlike a general warranty deed, the grantor does not warrant against these disclosed issues.

Yes, a warranty deed with limitations is a valid form of property transfer when properly executed, notarized, and filed. It conveys title with specific warranties and limitations as agreed by the parties. The deed must comply with state and local recording requirements to be effective.