San Benito County Warranty Deed (Individual Grantor) Form

This warranty deed conveys California real property from one individual grantor and carries full express title covenants. The form recites a single natural person as grantor, with one signature line and one California acknowledgment certificate, and it arrives ready for California recording rules from the first page down.

Express covenants in a grant deed state

California conveyancing runs on the grant deed, whose protection is two covenants implied by Civil Code Section 1113 from the single word grant: that the grantor has not already conveyed the same estate to someone else, and that the property is free of encumbrances the grantor placed or suffered. A warranty deed says more. This form states its covenants expressly: that the grantor is lawfully seized in fee simple, has good right to convey, that the property is free from encumbrances except the matters listed on the deed, that the grantee will have quiet enjoyment, and that the grantor will warrant and defend the title against the lawful claims of all persons. Those express promises reach the whole chain of title, not just the grantor's own acts. California supplies no statutory warranty deed form, and the Department of Real Estate's reference materials describe the instrument as uncommon in a state where title insurance does much of the assurance work; the covenants remain enforceable according to their terms, and the deed keeps the operative word grant, so the statutory implied covenants and the after-acquired title rule of Civil Code Section 1106 continue to operate alongside the express ones.

One grantor, one signature, one certificate

The form is configured for exactly one individual grantor signing personally. It carries a single grantor section, a single signature and printed name line, and one acknowledgment certificate in the form Civil Code Section 1189 requires for every acknowledgment taken in California, complete with the boxed notary notice at the top of the certificate. A sole owner conveying to a buyer, an unmarried owner deeding to family, and a married owner conveying separate property under Family Code Section 770 present the one-signature pattern this deed recites. The form is not set up as an entity, trustee, or attorney-in-fact conveyance, and it does not recite two grantors; community real property in California takes both spouses' signatures under Family Code Section 1102, a configuration this single-signature form does not carry.

A first page built for the recorder

California reserves the top 2.5 inches of a deed's first page for recording information and gives the left 3.5 inches of that space to the requester and return address blocks; this form places them there, with the title immediately below per Government Code Section 27324. The first page also carries the assessor's parcel number, the mail tax statements block that Government Code Section 27321.5 requires before a deed conveying fee title is accepted for recording, and the documentary transfer tax declaration of Revenue and Taxation Code Sections 11932 and 11933, with its computation basis and city or unincorporated location lines. The guide walks through the county recorder process, the transfer tax exemptions, the Preliminary Change of Ownership Report that accompanies a change in ownership, and the recording fees that vary by county, and it explains California's race-notice recording rule, under which the recorded deed gains constructive notice and priority protection.

What arrives and how it works

The completed example shows the deed filled in for a Los Angeles County sale, from the transfer tax declaration through the notary certificate, so every blank has a model entry. The guide covers each section, the ways California grantees may hold title, signing before the notary, and recording, in plain descriptive terms. This purchase includes the blank fillable warranty deed, the completed example, and the guide; the materials are informational and are not legal advice.