Maine Warranty Deed

Introduction

Key Things to Know

1. 1

   A warranty deed guarantees the title, not merely the property: the seller promises the title is good and legally agrees to defend the buyer against any later claim to it. That is the strongest protection a Maine deed can give and the direct opposite of a quitclaim, which guarantees nothing. A general warranty deed backs the buyer against every title defect, including ones predating the seller's ownership, while a special or limited warranty covers only defects created during the seller's own ownership.

2. 2

   Maine codifies a statutory general Warranty Deed at 33 M.R.S. Section 763 with four covenants: that the grantor was lawfully seized in fee, that the premises were free of all encumbrances, that the grantor had good right to sell and convey, and that the grantor and the grantor's heirs will warrant and defend the premises against the lawful claims and demands of all persons. Because the grantor is bound to defend that title, Maine common law can also carry after-acquired title to the buyer by estoppel by deed.

3. 3

   Watch the Maine naming trap: a Quitclaim Deed With Covenant (33 M.R.S. Section 765) is a limited warranty that defends only against claims arising by, through, or under the grantor, while a plain release or quitclaim (Section 161) conveys only the grantor's interest with no covenants at all. Maine does not use a grant deed.

4. 4

   You record the signed, acknowledged deed with the registry of deeds in the county where the land lies (33 M.R.S. Section 201). Maine follows a race-notice priority rule, so an unrecorded deed is not effectual against a later buyer without actual notice, and recording promptly preserves the very title the covenants promise.

5. 5

   The grantor's signature must be acknowledged before a notary public, a Maine attorney-at-law, or a clerk of a court of record before the deed can be recorded (33 M.R.S. Section 203). Maine does not require subscribing witnesses, and a seal is not required (Section 774).

6. 6

   Maine imposes a Real Estate Transfer Tax of 2.20 dollars for each 500 dollars of the property's value, split one-half on the grantor and one-half on the grantee (36 M.R.S. Section 4641-A). A declaration of value (Form RETTD) must accompany the deed at recording (Section 4641-D).

7. 7

   Maine is not a community-property state, so a spouse who solely owns the property can generally convey it alone. Where a non-owner spouse holds descent or other marital rights, Section 772-A supplies standard language for that spouse to join and release those rights and clear title.

Maine Requirements for Warranty Deed

• Title Guarantee and Covenants

  A warranty deed guarantees clear title and defends the buyer against claims. Maine codifies a statutory general Warranty Deed at 33 M.R.S. Section 763, in which the grantor covenants that at delivery they were lawfully seized in fee, that the premises were free of all encumbrances, that they had good right to convey, and that they will warrant and defend the premises against the lawful claims and demands of all persons. That last covenant reaches all persons, so it covers defects predating the grantor.

• Warranty Deed vs Quitclaim With Covenant

  Maine codifies three tiers in its Short Form Deeds Act. The Warranty Deed (Section 763) gives a full general warranty against all persons. The Quitclaim Deed With Covenant (Section 765), despite its name, is a limited warranty that defends only against claims arising by, through, or under the grantor. A plain release or quitclaim (Section 161) conveys only the grantor's interest with no covenants. Maine does not use a grant deed.

• Record with the Registry of Deeds

  Record the signed, acknowledged deed with the registry of deeds in the county where the land lies; if the land is in two or more counties, record in each county's registry (33 M.R.S. Section 201). Maine follows a race-notice priority rule, so an unrecorded deed is not effectual against a later party without actual notice. Record promptly to protect your interest.

• Acknowledgment, No Witnesses

  Before recording, the grantor's signature must be acknowledged before a notary public, a Maine attorney-at-law, or a clerk of a court of record having a seal (33 M.R.S. Section 203). Maine does not require subscribing witnesses for a deed, and a seal is not required (Section 774), so a proper acknowledgment is the recording path.

• Real Estate Transfer Tax and Declaration of Value

  Maine imposes a Real Estate Transfer Tax of 2.20 dollars for each 500 dollars, or fractional part of 500 dollars, of the value of the property transferred, split one-half on the grantor and one-half on the grantee (36 M.R.S. Section 4641-A). A declaration of value on Form RETTD must accompany the deed when it is offered for recording (Section 4641-D). Certain deeds are exempt under Section 4641-C.

• Legal Description and Parties

  Identify the grantor and grantee, state the consideration, and include the full legal description of the property (not just the street address or map and lot). A source-of-title recital citing the prior deed's registry book and page is standard Maine practice. Errors in the legal description or in how the grantee takes title are a common and costly source of later title problems, so confirm both against the current deed.

• Spousal Joinder and Release of Rights

  Maine is not a community-property state, so a spouse who solely owns the property can generally convey it alone. Where a non-owner spouse holds statutory descent or other marital rights, 33 M.R.S. Section 772-A supplies standard language for that spouse to join as grantor and release those rights, which clears title. Confirm how title is held and whether spousal rights attach before signing.

• General vs Limited Warranty: Choosing the Instrument

  Choose the deed to match the protection intended. A general Warranty Deed (Section 763) warrants title against all persons, including claims predating the grantor. A Quitclaim Deed With Covenant (Section 765) warrants only against claims arising through the grantor. A release or quitclaim (Section 161) gives no covenants. The reason for the transfer usually points to the right one, and a buyer paying full value normally wants the full warranty.