Virginia Special Warranty Deed

A special warranty deed is a common form of conveyance in Virginia that is used to transfer title to real estate. This type of deed is not as extensive as a warranty deed. The statutory form of a real estate deed is contained in 55.1-300 of the Virginia Code and can be used for a special warranty deed. This type of deed contains a covenant from a grantor that he will "warrant specially the property hereby conveyed" and will have the same effect as if the grantor had covenanted that he, his heirs, and personal representatives will forever warrant and defend the property unto the grantee, his heirs, personal representatives, and assigns, against the claims and demands of the grantor and all persons claiming or to claim by, through, or under him (55.1-355). Unless an exception is made in the deed, all appurtenances, buildings, and privileges belonging to the land being conveyed will be included in the conveyance (55.1-303).

In order for a special warranty deed to be submitted for record to a clerk of a circuit court in any county or city, it must contain the grantor's original signature. The grantor must acknowledge his signature or have it proved by two witnesses. Witnesses are not necessary if an acknowledgment is present. The officer taking such acknowledgment should certify such act with a certificate of acknowledgment attached to the deed (55.1-612 et seq.). A certificate of acknowledgment should be in substantially the form provided in section 55.1-612 et seq. of the Virginia Code. Acknowledgments can be taken within the state or in another state by a notary public or another officer who is authorized to take acknowledgements of deeds. Out of state acknowledgments can be taken by any officer who is authorized to perform notarial acts in the place where such act is performed and must conform to the rules outlined in section 55.1-617 of the Virginia Code (55.1-616 et seq.). The official seal of the officer performing the notarial act, whether or not it has taken place in Virginia, should be affixed to a deed submitted for record (55.1-617).

Virginia has a race-notice recording act, which means that a later buyer who pays fair value and records a deed first without having notice of any earlier conflicting interests will have priority over later recordings for the same property or portion thereof. A special warranty deed or other instrument of conveyance, when the possession is allowed to stay with the grantor, will be void as to all purchasers for valuable consideration without notice who are not parties to the deed and to lien creditors until the special warranty deed or other conveyance is recorded in the county or city where the property is located (55.1-407).

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