Pennsylvania Special Warranty Deed

A real estate deed is used to transfer title to real property in Pennsylvania. The statutory form of a real estate deed is offered in 21 P.S. 1 and can be tailored for a special warranty deed. In a conveyance of real estate in this state, the words "grant and convey" or either one of those words will be effective to pass a fee simple title to the premises conveyed to the grantee, if the grantor possess such a title (21 P.S. 2). Further, the words "grant and convey" also imply the following covenants: That the grantor was seized of an indefeasible estate in fee simple of the property conveyed, free from encumbrances done or suffered by the grantor, and also for quiet enjoyment against the grantor, his heirs, and assigns, unless limited by express words in the deed (21 P.S. 4). A covenant from a grantor that he "will warrant specially the property hereby conveyed" will be construed to be a covenant from the grantor that he will warrant and forever defend the said property, and every part thereof, unto the said grantee, his heirs, personal representatives, and assigns against the lawful claims and demands of the grantor and all persons claiming or to claim by, through, or under the grantor (21 P.S. 6).

A special warranty deed cannot be recorded until it has been signed and acknowledged by the grantor or grantors (21 P.S. 42). A special warranty deed can be acknowledged in Pennsylvania before a judge of a court of record, a clerk or deputy clerk of a court having seal, a recorder of deeds, a notary public, or a justice of the peace (21 P.S. 291.2). The special warranty deed, after being duly acknowledged, either in Pennsylvania or in another state, must have a certificate of acknowledgment by an officer under seal (21 P.S. 46). Acknowledgments of deeds can be taken in other states, and the deed will be valid as if it has been made, acknowledged or proved in the proper county where the land is situated. A special warranty deed that has been executed and acknowledged out of state must be proved and acknowledged in accordance with 21 P.S. 41 in order to be recorded in Pennsylvania.

All deeds wherein it is the intention of the party executing the deed to grant, bargain, sell, and convey any land situated in Pennsylvania, upon being acknowledged by the party executing the deed or proved according to law, should be recorded in the Register of Deeds office in the county where the land is located. A special warranty deed that is not acknowledged or proved and recorded will be fraudulent and void as to any subsequent bona fide purchaser, mortgagee, or holder of any judgment, duly entered in the Register of Deeds office of the county where the land is situated, without actual or constructive notice, unless such deed or instrument of writing has been recorded as required before the recording of the deed, conveyance, or entry of judgment under which such subsequent purchaser, mortgagee, or judgment creditor shall claim (21 P.S. 351). The legal effect of recording a special warranty deed is to provide constructive notice to subsequent purchasers, mortgagees, and/or judgment creditors of the parties to the agreement (21 P.S.357).

(Pennsylvania SWD Package includes form, guidelines, and completed example)