A special warranty deed in Florida is a deed in which the grantor promises that the title is free of defects only for the period the grantor owned the property, not for the whole history of the land. A general warranty deed promises more. This post explains the difference, the statute behind it, what has to be on the deed to be recorded, and what Lee County Document Preparation charges for the paperwork.
Lee County Document Preparation, Inc. is a non-attorney document service in Fort Myers. Our warranty deed service prepares deeds from the information you supply, and we do not give legal advice or tell you which deed to use.
What Is a Special Warranty Deed in Florida?
A special warranty deed is a deed where the grantor promises the title is free of defects only for the time the grantor owned the property. Barnes Walker puts it this way: it “warrants only against defects arising during the grantor’s ownership period.”
The word “special” refers to that limit. Whatever happened to the property before the grantor owned it, such as an old lien or a problem in an earlier owner’s paperwork, falls outside the promise. Whatever happened while the grantor held title falls inside it.
What changes from deed to deed is how much the grantor, the person giving up the property, promises the grantee, the person receiving it. For every deed type side by side, see our guide to the types of deeds in Florida.
Special Warranty Deed vs General Warranty Deed: What Does Each Promise Cover?
A general warranty deed promises clear title against all claims, whenever they arose. A special warranty deed promises clear title only against claims arising during the grantor’s ownership. The statutory form in Fla. Stat. 689.02 is the general promise, so the “special” version narrows it.
Florida’s statute prescribes the form of a warranty deed. In it, the grantor “does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever”. Nothing in that wording is limited by time. That is the general warranty.
Special warranty deed language takes a promise like that and confines it to the grantor’s own period of ownership. The table sets the two side by side.
| General warranty deed | Special warranty deed | |
|---|---|---|
| What the grantor promises | Title is clear against all lawful claims | Title is clear only against defects arising during the grantor’s ownership |
| Period covered | The full history of the property | The grantor’s time as owner |
| Signing and recording | Same witnesses, same recording rules | Same witnesses, same recording rules |
Both deeds are signed, witnessed and recorded the same way. The difference is in the words of the promise, so the deed itself is the only way to know what a particular grantor has agreed to.
We do not choose between them for you. Which deed suits a transaction is a question for the parties and a Florida attorney. Our post on warranty deeds versus quit claim deeds covers that other comparison.
Where a Special Warranty Deed Tends to Come Up
People encounter a special warranty deed when the person giving up the property can speak for their own ownership but not for what came before it. This post describes where that tends to arise. It does not say a special warranty deed fits your situation, because that is a legal judgment.
The logic follows from the definition above. Someone who has owned a property for a short time, or who holds it in a capacity rather than personally, may be willing to stand behind only the period they controlled it. Deed guides commonly describe that kind of grantor, including people acting for an estate or a trust.
Because the promise stops at the grantor’s ownership, a grantee who wants to know about earlier history relies on records rather than the grantor’s word. A title search shows what the public records say about earlier owners and recorded claims. A narrower promise also does not relax the signing and recording rules in the next section. If you are unsure whether a deed matches what the parties agreed, a lawyer and a document preparer do different jobs, and that post explains where we stop.
What Does a Florida Special Warranty Deed Have to Include to Be Recorded?
A Florida special warranty deed needs two subscribing witnesses under Fla. Stat. 689.01 and, for recording under 695.26, a printed name beneath every signature, the preparer’s name and address, the grantee’s name and address, and a blank 3 by 3 inch space at the top right of the first page for the Clerk.
Those requirements apply to a deed whatever its warranty language. Taking them in turn:
Two subscribing witnesses. Section 689.01 requires that a conveyance of real property be signed in the presence of two subscribing witnesses. The same section allows the witnessing to be done through audio-video technology, with the witnesses present and signing electronically. Our post on Florida deed witness and notary requirements covers who can witness.
Names printed under every signature. Section 695.26 requires each signer’s name to be printed, typewritten or stamped immediately beneath the signature, with each signer’s post-office address. Each witness’s name and any notary’s name get the same treatment.
Preparer and grantee details. The deed must show the name and post-office address of the person who prepared it, and the name and post-office address of each grantee.
The Clerk’s space. The first page needs a 3 inch by 3 inch space at the top right corner, reserved for the Clerk of Court. Later pages need a 1 inch by 3 inch space.
A legal description, not a parcel number. The statute that sets the warranty wording also says the property appraiser’s parcel identification number is not part of the legal description and may not be used as a substitute for it.
Recording matters because, under Fla. Stat. 695.01, a conveyance is not effective against creditors or later purchasers for value without notice unless it is recorded according to law.
What Does It Cost to Have a Special Warranty Deed Prepared and Recorded?
We charge $225.00 to prepare a deed. Recording with the Lee County Clerk costs $18.50, plus $8.50 for each additional page over one and $1.00 per name over four. Documentary stamp tax is figured separately at .007 times the consideration, with a 70 cent minimum.
Our deed fee line reads “Quit Claim Deeds, Enhanced Life Estate Deeds, Warranty Deeds & Deedbacks,” and the full schedule is on our pricing page. A deed that runs over one page costs more to record than a one-page deed.
Documentary stamp tax depends on the consideration stated in the transaction, so we cannot give you a single figure. Our post on documentary stamp tax and deed transfer costs walks through the formula. We type the deed from what you provide, send it for signature, file the signed originals with the Clerk and mail the recorded original to the new owner.
Frequently Asked Questions
What is the difference between a general and a special warranty deed in Florida?
A general warranty deed promises that the title is clear against all lawful claims, whenever they arose. A special warranty deed promises that only for the period the grantor owned the property. The statutory warranty form in Fla. Stat. 689.02 is the general version.
Who uses a special warranty deed?
A special warranty deed tends to come up when the person giving up the property can stand behind only their own period of ownership, for example someone acting for an estate or a trust. Whether it fits a transaction is a question for the parties and a Florida attorney.
Does a special warranty deed have to be recorded?
A deed can be signed without being recorded, but an unrecorded conveyance is not effective against creditors or later purchasers for value without notice under Fla. Stat. 695.01. Recording with the Clerk of Court is what puts the deed in the public record.
Does a special warranty deed cover old title problems?
No, a special warranty deed does not cover defects that arose before the grantor owned the property. A title search shows what the records say about earlier owners. Whether any deed gives enough comfort for a purchase is a question for a Florida attorney.
Talk to Us Before You Sign
If the parties have decided on a warranty deed and you need it typed correctly for recording, we prepare it from the information you supply. Start with our warranty deed request form, call us at 239-482-7900 (Monday to Friday, 9am to 5pm), or contact us. We are at 11595 Kelly Rd #215, Fort Myers, and we have served Lee County since 1997. We are not attorneys, we do not give legal advice, and we will not tell you which deed to use. If a question about warranties or title comes up, an attorney is the right call, and we will prepare whatever instrument you decide on.