A warranty deed is a commonly used real estate deed in Tennessee for conveyances of property. It can be used in both residential and commercial transactions. A short form of a warranty deed is presented in the Tennessee Code Annotated and includes a guarantee from the grantor to warrant the title against all persons (66-5-103.1A). This type of deed also includes the following covenants of warranty: that the grantor is in lawful possession of the premises described in the instrument, that the grantor has good right to sell and convey the same, that the property is free of any encumbrances, and a covenant of quiet possession. A warranty deed will pass any appurtenances and easements attached to the land.
A county recorder can refuse to record a warranty deed that has not been authenticated. To authenticate an instrument, the grantor is required to sign the deed and have his/her signature acknowledged or proved by two subscribing witnesses (66-22-101). If the person executing the warranty deed resides in Tennessee or is within the state, the deed can be acknowledged before the county clerk, a legally appointed deputy county clerk, a clerk and master of chancery court of a county in the state, or before a notary public within the state (66-22-102). Any of the aforementioned officers taking acknowledgments shall have a certificate of acknowledgment attached to the deed (66-22-107). An out-of-state acknowledgment will be valid in Tennessee if executed and acknowledged according to the laws of such state where acknowledgments were taken (66-22-103). A certificate of acknowledgment is also required for out-of-state acknowledgments.
A warranty deed will not be effective against third parties unless it has been acknowledged by the grantor or proved by two witnesses upon oath, and registered with the register of deeds in the county where the land lies (66-5-106). A warranty deed that has not been recorded as required will be effective only between the parties to the deed and their heirs and representatives (66-26-101). The act of recording a deed provides notice to the public from the time it is recorded; and the document will take effect from this time (66-26-102). A warranty deed that is registered first or noted for registration first will have priority over a deed of an earlier date but is noted for registration afterwards, unless it is proved in a court of equity, according to the rules of the court, that the party claiming under the subsequent instrument had full notice of the previous instrument (66-26-105). Warranty deeds are required to be recorded in the register of deeds office in the county where the property is located. Deeds pertaining to property that is located partly in two or more counties may be recorded in either county; and if a deed pertains to several tracts of land lying in different counties, it should be registered in each of such counties where any of the tracts lie (66-24-103).
Deeds.com Tennessee Warranty Deed Forms Have Been Updated as Recently as Friday December 8, 2017