Connecticut Warranty Deed

A warranty deed guarantees clear title and defends the buyer against claims. Connecticut codifies a statutory Warranty Deed, and adding the phrase with warranty covenants to the Section 47-36c form imports the covenants of Section 47-36e: seizin in fee simple, freedom from encumbrances except as set forth, good right and lawful authority to convey, and a promise to warrant and defend the title against the claims and demands of all persons. Because it reaches all persons, it covers defects predating the grantor.

Connecticut sets out a fill-in Warranty Deed short form in Connecticut General Statutes Section 47-36c; the operative phrase is with warranty covenants, and Section 47-36d gives the executed form the force and effect of conveying title in fee simple with those covenants. Connecticut does not use a grant deed or a bargain-and-sale deed, so a Connecticut warranty deed carries express warrant-and-defend words on its face.

Record the signed, acknowledged, and witnessed deed with the town clerk in the land records of the town in which the real property lies (Connecticut General Statutes Section 47-10). Connecticut records at the town level, not the county level, so file in the correct town. A conveyance is not effectual to hold the land against others until it is recorded, so record promptly to protect your interest.

Connecticut is a witness state. A conveyance of land must be in writing, subscribed by the grantor, acknowledged before a notary to be the grantor free act and deed, and attested by two witnesses with their own hands (Connecticut General Statutes Section 47-5(a)). You need both a notarial acknowledgment and two subscribing witnesses; a missing witness or acknowledgment can defeat recording.

Connecticut imposes a real estate conveyance tax where the consideration is 2000 dollars or more: a state portion of 0.75 percent plus a municipal portion of 0.25 percent for a typical residential sale, with higher tiers of 1.25 percent on non-residential property and on residential value above 800000 dollars (Connecticut General Statutes Section 12-494). Form OP-236 must be filed with the town clerk and the tax paid before the deed can be recorded (Section 12-497).

Identify the grantor and grantee, state that consideration was paid, and include the full legal description of the property, not just the street address. The deed must also state the grantee current mailing address (Connecticut General Statutes Section 47-5(b)), and each recorded instrument needs a blank margin of at least three-fourths of an inch and a return address at the top of the first page (Section 7-24(f)). Errors in the legal description or vesting are a common, costly source of title problems.

Connecticut codifies only the general Warranty Deed; there is no separate special or limited warranty deed form. A general warranty covers claims by all persons, including defects predating the grantor. To narrow the warranty to the grantor own ownership, add an express limitation on the face of the deed, since the Section 47-36e covenants run except as set forth. A statutory quitclaim deed carries no covenants of title at all (Section 47-36f).

Choose the deed to match the protection intended. A Connecticut warranty deed with warranty covenants warrants title against all claims and is the standard instrument for an arm's length sale. A quitclaim deed gives no covenants and is used to release or clear an interest, such as between spouses or to fix a title defect. The reason for the transfer usually points to the right one; when in doubt, have the deed reviewed before recording.