Special Warranty Deed
(Residential Transaction) (TN)

Summary

This special warranty deed template is for use by a seller in a Tennessee residential purchase and sale transaction to convey title to a buyer via special warranty. This template includes practical guidance and drafting notes. In using this template, the seller warrants that title to the property is free from defects during the time of the seller's ownership only and does not provide such warranty with respect to any previous defects in title. This template may be tailored to suit each transaction. Tennessee does not require an exact form as long as the required granting language is written in the deed. See Tenn. Code Ann. § 66-5-103. A special warranty deed should include the following or its equivalent: "I covenant that I am seized and possessed of this land, and have a right to convey it, and I warrant the title against all persons claiming under me." See Tenn. Code Ann. § 66-5-103(1)(B). Deeds in Tennessee must be recorded in the county in which the real estate is situated. See Tenn. Code Ann. § 66-5-106. To be accepted for recording, deeds must contain the following information: • Name and address of the person who prepared the deed (See Tenn. Code Ann. § 66-24-115). • Name and address of the property owner (See Tenn. Code Ann. § 66-24-114). • Name and address of the person who is obligated to pay the real property taxes (See Tenn. Code Ann. § 66-24-114). • Map identification number or parcel identification number of the property (See Tenn. Code Ann. § 66-24-113 and Tenn. Code Ann. § 66-24-122). • Recital of the source of title from which the grantor received equitable interest (See Tenn. Code Ann. § 66-24-110). • A notation that the property is improved and its address if the deed is conveying improved property (See Tenn. Code Ann. § 66-24-113). For information on recording real property documents in Tennessee, see Recording Procedures (TN). For more on deeds in general, see Types of Deeds and Key Provisions. See also Thompson on Real Property, Thomas Editions § 82.04, and Powell on Real Property § 81A.03. For templates of other deeds to use in residential transactions in Tennessee, see Quitclaim Deed (Residential Transaction) (TN) and General Warranty Deed (Residential Transaction) (TN). For templates of deeds to use in commercial transactions in Tennessee, see General Warranty Deed (Commercial Transaction) (TN), Special Warranty Deed (Commercial Transaction) (TN), Warranty Deed (Statutory) (Commercial Transaction) (TN), and Quitclaim Deed (Commercial Transaction) (TN). For guidance on Tennessee acknowledgments, see Commercial Real Estate Ownership (TN). For information on deed transfer taxes, see Deed Transfer Tax State Law Survey. For general information on recording real property documents, see Recording Real Property Documents. For further guidance on acknowledgments, see Statutory Forms of Acknowledgment State Law Survey. For a full listing of key content covering purchasing and selling residential real estate, see Purchasing and Selling Residential Real Estate Resource Kit. For a full listing of key content covering purchasing and selling commercial real estate, see Purchasing and Selling Commercial Real Estate Resource Kit. See also Junior Associate Real Estate Resource Kit (Commercial Purchase and Sale). For a list of key resources covering real estate-related tasks for associates, in-house attorneys, and interns, see First Year Associate Resource Kit: Real Estate, Summer Associate Resource Kit: Real Estate, In-House Real Estate Resource Kit, and Federal Government Summer Intern Resource Kit: Real Estate.