Maine Warranty Deed
A warranty deed guarantees clear title and defends the buyer against claims. Maine codifies a statutory Warranty Deed, recorded with the registry of deeds. Attorney review available.
Introduction
A warranty deed is the strongest title-transfer instrument because the seller does not merely hand over the property, they guarantee the title behind it and legally bind themselves to defend the buyer against anyone who later claims an interest. That promise takes the form of binding covenants. Under 33 M.R.S. Section 763 a Maine statutory Warranty Deed carries four: that at delivery 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, the operative one, that the grantor and the grantor's heirs will warrant and defend the premises against the lawful claims and demands of all persons. Because that defense covenant reaches all persons, a general warranty deed backs the buyer even against title defects that arose before the seller owned the land, while a special or limited warranty covers only defects created during the seller's own ownership. A quitclaim, by contrast, makes no such promise and passes only whatever interest the seller happens to hold. Maine is one of the states that codifies a true warranty deed, so its warrant-and-defend words are the state's own statutory text, not imported wording. Because a full-covenant warranty deed binds the grantor to defend title, Maine common law can also carry after-acquired title to the buyer by estoppel by deed if the grantor later perfects an interest they had purported to convey. Maine likewise codifies a Quitclaim Deed With Covenant (Section 765), a limited warranty that defends only against claims arising by, through, or under the grantor, and a plain release or quitclaim (Section 161) with no covenants at all. You record the signed, acknowledged deed with the registry of deeds in the county where the land lies (33 M.R.S. Section 201). DocDraft builds your Maine warranty deed from your facts, with attorney review available before you record.
Key Things to Know
- 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
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
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
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
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
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
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.
Key decisions before you file
Before you file a Warranty Deed in Maine, a few decisions shape the document: which option to choose and what each one means. The Warranty Deed guide walks through them.
Open the Warranty Deed guideCustomize your Warranty Deed Template with DocDraft
Once your Warranty Deed is ready, you can check whether it needs to be notarized in Maine in about a minute, and notarize it online through DocDraft if it does.
Maine Requirements for Warranty Deed
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.
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 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.
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.
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.
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.
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.
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.
Does your Warranty Deed need to be notarized in Maine?
Whether a Warranty Deed needs to be notarized depends on your state. Upload yours, pick your state, and get the current rule with the official source behind it, free and with no account. If yours does need a notary, online notarization is part of your DocDraft plan.
Check my Warranty DeedFrequently Asked Questions
It comes down to the covenants, not the label. A warranty deed guarantees the seller holds clear title and legally binds them to defend the buyer against claims to the property; a quitclaim makes no such promise and passes only whatever interest the seller actually has. Maine codifies both ends of that spectrum plus a middle tier: the statutory Warranty Deed (33 M.R.S. Section 763) warrants title against the lawful claims and demands of all persons, a Quitclaim Deed With Covenant (Section 765) warrants only against claims arising by, through, or under the grantor, and a plain release or quitclaim (Section 161) carries no covenants.
Under 33 M.R.S. Section 763 a Maine Warranty Deed carries four covenants: that at delivery the grantor was lawfully seized in fee of the premises, that they were free of all encumbrances, that the grantor had good right to sell and convey, and that the grantor and their heirs will warrant and defend the premises to the grantee against the lawful claims and demands of all persons. Because that defense covenant reaches all persons, the buyer is protected even against title defects that arose before the grantor owned the property, and Maine common law can pass after-acquired title to the buyer by estoppel by deed if the grantor later perfects an interest they had purported to convey.
Maine uses a warranty deed and does not use a grant deed. Its Short Form Deeds Act codifies the Warranty Deed (33 M.R.S. Section 763) and the Quitclaim Deed With Covenant (Section 765). The common Maine recording instrument is often the Quitclaim Deed With Covenant, which despite its name is only a limited warranty against the grantor's own acts; a full Warranty Deed gives the buyer the broadest defense of title, reaching even claims that predate the grantor, and is a valid, enforceable choice in Maine.
You record the signed, acknowledged deed with the registry of deeds in the county where the land lies; if the land sits in two or more counties, record in each county's registry of deeds (33 M.R.S. Section 201). The grantor's signature must be acknowledged before a notary, a Maine attorney, or a court clerk first (Section 203), and a declaration of value must accompany the deed (36 M.R.S. Section 4641-D). Maine follows a race-notice rule, so record promptly to protect your interest.
Maine does not require an attorney to prepare or record a deed; an individual may prepare their own warranty deed and record it. Because a deed transfers title and a mistake in the legal description, the covenants, or how the grantee takes title can be expensive to fix, many people have the deed reviewed before recording. DocDraft prepares your Maine deed from your facts, with attorney review available as an option before you record.
It must be acknowledged, which in practice means notarized. Before a Maine deed can be recorded, the grantor's signature has to 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 what allows the registry of deeds to record it.
Usually yes when the property is sold. 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, and the tax is imposed 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.
Not automatically. 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 any spousal rights attach before signing to avoid a defective transfer.