Arkansas Special Warranty Deed

A special warranty deed will be valid if it conforms to the statutory requirements for a conveyance set forth in the Arkansas code.
Special warranty deeds can be used to convey title to real property in Arkansas. This type of real estate deed can be used when the grantor does not want to offer the same covenants of warranty as presented in a general warranty deed. Express covenants are created by the use of the words "grant, bargain, and sell," which are an express covenant to the grantee that (1) the grantor is seized of an indefeasible estate in fee simple, free from encumbrances done or suffered by the grantor except rents or services that may be reserved by the deed, (2) for the quiet enjoyment thereof against the grantor and his or her heirs and assigns, and from the claim and demand of all other persons, unless limited by express words in the deed ( 18-12-102). In a special warranty deed, a grantor covenants to defend the title only against the claims and demands of the grantor and those claiming by, through, or under him.

A special warranty deed and all other instruments of writing for the conveyance of real estate in Arkansas should be executed in the presence of two witnesses who are not involved in the transaction or acknowledged by the grantor in the presence of two such witnesses, who should then subscribe the deed. When the witnesses do not subscribe the deed as described at the time of execution, the date of their subscribing it shall be stated with their signatures ( 18-12-104). Before a county recorder can accept a special warranty deed, it must be duly acknowledged or proved ( 18-12-201). Any court or officer that takes the proof or acknowledgment must grant a certificate of the proof or acknowledgement, which should be endorsed on the instrument ( 18-12-205).

Every deed affecting the title, in law or in equity, to any real property within the state of Arkansas which is or may be required by law to be acknowledged or proved and recorded will be constructive notice to all persons from the time it is recorded in the office of the county recorder in the county where the property is located. No special warranty deeds will be good or valid against a subsequent purchaser of the same real estate for a valuable consideration without actual notice thereof or against any creditor of the person executing such an instrument containing a judgment or decree which by law may be a lien upon the real estate unless the deed, duly executed and acknowledged or proved as required by law, is filed for record in the office of the clerk of the county where the real estate is situated ( 14-15-404).

(Arkansas Special Warranty Deed Package includes form, guidelines, and completed example)