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Warranty deed vs quitclaim deed: what each one conveys

A general warranty deed conveys the land with promises that the title is good against every lawful claim. A special warranty deed promises only against claims that arise through the seller. A quitclaim or non-warranty deed conveys whatever interest the seller has and promises nothing about it.

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Quick summary: This guide explains the three deed forms used in North Carolina: the general warranty deed, the special warranty deed, and the non-warranty or quitclaim deed. It is for buyers and owners who want to know what a deed promises before they sign or accept one. The key takeaway: the deed form decides what the seller promises, but an owner’s title insurance policy and a title search decide how well you are protected.

What each deed conveys

Each of the three deed forms conveys the seller’s interest in the land. They differ in what the seller, called the grantor, promises about that interest.

Deed form What the grantor promises Which claims the promise covers
General warranty deed Ownership, the right to convey, no encumbrances, and a defense of title Lawful claims of all persons
Special warranty deed That the grantor did nothing to impair title, and a defense of title Claims by, under, or through the grantor
Non-warranty or quitclaim deed Nothing about title None

A deed with no promises still transfers what the grantor owns. If the grantor owns the whole tract, the buyer gets the whole tract. If the grantor owns nothing, the buyer gets nothing, and has no claim against the grantor on the deed.

The general warranty deed

A general warranty deed carries the full set of title covenants. A Court of Appeals 2010 opinion quotes a typical North Carolina general warranty deed. In it, the grantor covenants four things:

  1. Seisin. The grantor is seized of the land in fee simple.
  2. Right to convey. The grantor has the right to convey it in fee simple.
  3. Against encumbrances. The title is marketable and free and clear of all encumbrances.
  4. Warranty. The grantor will warrant and defend the title against the lawful claims of all persons whomsoever.

The deed then lists exceptions, such as recorded easements and restrictions. The covenants do not reach a listed exception.

The same opinion shows how far a covenant can reach. A riparian buffer violation that existed at closing was an encumbrance under the covenant. The buyer’s prior knowledge of the violation did not defeat the buyer’s claim.

No statutory short form

North Carolina has no statutory short-form warranty deed. Chapter 47 of the General Statutes sets rules for proof, acknowledgment, and registration. It does not write the covenants into a short form. The promises come from the words in the deed itself, so read the covenant paragraph every time.

The special warranty deed

A special warranty deed limits the promise to the grantor’s own conduct. A special warranty deed between two North Carolina towns shows the usual words. The grantor covenants that it has done nothing to impair such title as it received. It will warrant and defend the title against claims of all persons claiming by, under, or through the grantor.

A defect that came before the grantor’s ownership falls outside that promise. An old gap in the chain of title, or a lien from a prior owner, is not the grantor’s problem under this deed.

The short version: A general warranty covers the whole history of the title. A special warranty covers only what happened through the seller. A non-warranty deed covers nothing. In each case, the title search and the owner’s policy do the real work.

The quitclaim or non-warranty deed

A non-warranty deed conveys the grantor’s interest with no promise about title. A county-to-city deed on the North Carolina Bar Association form states it in one line: the grantor makes no warranty, express or implied, as to title.

People often call this a quitclaim deed. In practice, the North Carolina form carries the title “Non-Warranty Deed.” Both names describe a deed that conveys and promises nothing.

When each form is used

The deed form follows the relationship between the parties and what the grantor knows about the title.

  • A sale between strangers. A buyer who pays full value can ask for a general warranty deed in the purchase contract, so the seller stands behind the whole title.
  • A sale by an entity or a government. A seller that held the land briefly may offer only a special warranty or a non-warranty deed. The two deeds cited above are transfers between local governments.
  • Family and estate transfers. An owner moves land to a spouse, a child, or a trust. In a 2023 opinion, an owner conveyed his half interest by quitclaim deed to himself as trustee of his own revocable trust.
  • Curing a title defect. A person who may hold a stray interest, such as a former spouse or a missing heir, signs a non-warranty deed to release it.
  • Foreclosure and estate sales. Read the covenant paragraph in any deed from a foreclosure trustee or an estate. Do not assume a general warranty.

A deed of gift has its own rule. State law requires a deed of gift to be proved and registered within two years, or it is void.

Why title insurance matters more than the deed form

An owner’s title insurance policy protects you better than the covenants in a deed. A covenant is a promise from one grantor. To collect on it, you sue that grantor, who may have died, dissolved, or spent the sale money.

The North Carolina Department of Insurance says title insurance protects against problems that occurred before the insured took title. Its list includes forged deeds, undisclosed heirs, unrecorded easements, and errors in recording. The owner’s premium is paid once, and the policy lasts as long as you hold title.

The policy has limits too. The department lists items a policy may not cover:

  • Boundary conflicts and encroachments, if you do not obtain a survey at closing.
  • Rights of parties in possession, such as renters or adverse claimants who occupy the land.
  • Restrictive covenants and zoning violations.

A lender’s policy protects the lender, not you. See Title search for land: what it finds and who does it for the search that comes before the policy.

Take action: Before you accept a deed, have the record read in order: the chain of title, the recorded exceptions, and the open questions for the attorney. Start with One parcel. Everything the record says, in order.

Who drafts the deed

A North Carolina attorney drafts the deed. State law defines the practice of law to include the preparation of deeds and passing upon titles. The same section says a person not licensed to practice law may not prepare a deed for another person for land in this state.

After signing, the deed goes to the register of deeds in the county where the land lies. Under the recording statute, a conveyance is valid against lien creditors and purchasers for value only from the time of registration.

The deed also tells you where to look next. It names the grantor’s source deed by book and page, and often a recorded plat. Read Restrictive covenants: what they are and how to find them for the restrictions an exception clause can point to. When a deed came from family land with unresolved shares, see What is heirs property?

Key recap

  • A general warranty deed promises good title against the lawful claims of all persons.
  • A special warranty deed promises only against claims by, under, or through the grantor.
  • A non-warranty or quitclaim deed conveys the grantor’s interest and promises nothing about title.
  • North Carolina has no statutory short-form warranty deed, so the covenant paragraph decides what is promised.
  • An owner’s title insurance policy and a title search protect a buyer more than any deed covenant.
  • A North Carolina attorney drafts the deed, and the register of deeds records it.

Questions

What is the difference between a warranty deed and a quitclaim deed?

A warranty deed carries promises that the title is good, and the grantor must defend it against covered claims. A quitclaim or non-warranty deed conveys whatever the grantor owns and makes no promise about title.

Is a special warranty deed safe to accept?

It can be, with a title search and an owner’s title insurance policy. The special warranty covers only claims that arise through the grantor. The search and the policy address the rest of the title history.

Can I use a quitclaim deed to sell land?

You can, but a buyer who pays full value usually asks for a general warranty deed and an owner’s policy. A North Carolina real estate attorney advises which form fits the sale.

Does a quitclaim deed remove my name from a mortgage?

No. A deed conveys an interest in land. A loan is a separate contract with the lender. Ask the lender and a North Carolina real estate attorney how a transfer affects the loan.

References

Primary sources cited on this page, in APA style.

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