North Dakota Special Warranty Deed

A special warranty deed can be used to transfer title to real property in North Dakota. The statutory form for a grant of real property, as presented in 47-10-06 of the North Dakota Century Code, can be used for a special warranty deed. From the use of the word "grant" in a real estate deed, the following covenants are implied, unless restrained by specific terms in the deed: (1) That previous to the execution of the conveyance, the grantor has not conveyed the same estate or any right, title, or interest therein to any person other than the grantee, and (2) That the estate is, at the time of execution of the conveyance, free from encumbrances done, made, or suffered by the grantor or any person claiming under the grantor (47-10-19.). A special warranty deed also includes a covenant from the grantor to defend the title against only the claims and demands of the grantor and those claiming by, through, or under the grantor.

In order to be recorded in North Dakota, a special warranty deed must be signed and acknowledged by the grantor, and must also contain original signatures (47-19-03). If the deed has not been acknowledged as required, it can be proved by a subscribing witness (47-10-05). A special warranty deed can be proved or acknowledged at any place in North Dakota before a judge or clerk of the Supreme Court or a notary public (47-19-13). Other authorized officers in North Dakota, such as a mayor of a city, a recorder, or a county auditor, are able to take acknowledgments or proof only within their district (47-19-14). An officer taking proof or acknowledgment must endorse or attach a certificate to the deed , which should be in substantially the form provided in 47-19-27 of the NDCC (47-19-25, 26). A deed acknowledged out-of-state and in accordance with the laws of such state will be accepted for recording in North Dakota (47-19-35). In order to be recorded, some special warranty deeds will need to have an auditor's certificate of transfer and a completed Statement of Full Consideration (11-18-02 and 11-18-02.2).

Once a special warranty deed has been duly signed and acknowledged, the act of recording will serve as constructive notice of the contents of the instrument, as it appears of record, to all persons (47-19-19). A special warranty deed should be recorded in the office of the county recorder in the county where the property is located. An unrecorded special warranty deed is void against any subsequent purchaser in good faith, and for a valuable consideration, of the same real estate or portion thereof, whose conveyance is first deposited with the recorder and subsequently recorded, whether it is entitled to be recorded or not, or as against any attachment levied thereon or any judgment lawfully obtained at the suit of any party, against the person in whose name the title to such land appears of record, prior to the recording of such conveyance (47-19-41). If a special warranty deed is not recorded, it will be valid between the parties thereto and those who have notice of the instrument (47-19-46).

(North Dakota SWD Package includes form, guidelines, and completed example)