Connecticut Warranty Deed

Introduction

Key Things to Know

1. 1

   A warranty deed gives the buyer the strongest title protection. In Connecticut the short phrase with warranty covenants imports the full covenant set of Section 47-36e, including the seller's promise to warrant and defend the title forever against all persons.

2. 2

   Connecticut codifies a statutory Warranty Deed. Adding the single phrase with warranty covenants to the Section 47-36c form imports a full covenant set under Connecticut General Statutes Section 47-36e, including the grantor's promise to warrant and defend the title against the claims and demands of all persons.

3. 3

   Under Section 47-36e a Connecticut warranty deed covenants that the grantor is lawfully seized in fee simple, that the premises are free from all encumbrances except as set forth, that the grantor has good right and lawful authority to convey, and that the grantor will warrant and defend the title forever. Because it reaches all persons, it protects against defects that predate the grantor's ownership.

4. 4

   You record the signed deed with the town clerk in the land records of the town where the property lies (Connecticut General Statutes Section 47-10). Connecticut records at the town level, not the county level, so record in the correct town and record promptly to protect your interest.

5. 5

   The grantor must sign the deed, have the signature acknowledged before a notary, and have the signing attested by two witnesses (Connecticut General Statutes Section 47-5). Connecticut requires both a notarial acknowledgment and two subscribing witnesses, and the deed must state the grantee's current mailing address (Section 47-5(b)).

6. 6

   Connecticut charges a real estate conveyance tax on deeds 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 on non-residential property and on residential value above 800000 dollars (Connecticut General Statutes Section 12-494). The town clerk cannot record the deed until Form OP-236 is filed and the tax is paid (Section 12-497).

7. 7

   Connecticut codifies only the general Warranty Deed; it has no separate special or limited warranty form. To narrow the warranty, the grantor limits the covenants by an express exception on the face of the deed (the covenants run except as set forth), while the statutory quitclaim deed carries no covenants of title at all (Section 47-36f).

Connecticut Requirements for Warranty Deed

• Title Guarantee and Warranty Covenants

  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.

• Statutory Warranty Deed Form

  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 with the Town Clerk

  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.

• Notary Acknowledgment and Two Witnesses

  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.

• Real Estate Conveyance Tax and OP-236

  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).

• Legal Description, Parties, and Grantee Address

  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.

• General vs Special Warranty in Connecticut

  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).

• Choosing the Instrument

  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.