Mississippi Warranty Deed

Introduction

Key Things to Know

1. 1

   One statute does the heavy lifting: under Miss. Code Ann. Section 89-1-33 the word warrant, used without restrictive words, embraces all five common-law covenants of title (seizin, power to sell, freedom from incumbrance, quiet enjoyment, and warranty of title), so a Mississippi deed that says convey and warrant is a general warranty deed by operation of statute.

2. 2

   Those five covenants are the buyer's protection. Read together, they guarantee that the seller owns the estate being conveyed, has the power to sell it, that the land is free of undisclosed encumbrances, and that the seller will defend the buyer against the lawful claims of all persons. A quitclaim, which passes only the grantor's interest, guarantees none of it (Section 89-1-39).

3. 3

   Restrictive words decide the scope. Warrant left unrestricted covers title defects even if they predate the seller; adding restrictive language limits the covenant to claims arising by, through, or under the seller, which is a special or limited warranty deed. A quitclaim carries no covenants at all (Section 89-1-39).

4. 4

   Recording happens at the chancery court. File the signed deed with the Chancery Clerk (the clerk of the chancery court) of the county where the land is located (Miss. Code Ann. Section 89-5-1). Because Mississippi keys priority to the time of filing, a deed filed first generally prevails over a later one taken by a purchaser for value without notice, so record promptly.

5. 5

   Notarize, do not witness. The Chancery Clerk will not record the deed until the grantor's signature has been acknowledged before a notary public (Miss. Code Ann. Section 89-3-1). Mississippi requires no subscribing witnesses for a deed, so a complete notarial acknowledgment is the recording path.

6. 6

   There is no transfer tax to worry about. Mississippi imposes no state real-estate transfer, deed, or documentary-stamp tax on an ordinary deed, so you pay only the chancery-clerk recording fee and place no transfer-tax declaration on the face of the deed.

7. 7

   Homestead adds a signer. When the property is the homestead of a married owner living with a spouse, the non-owner spouse must also sign or the conveyance is not valid or binding (Miss. Code Ann. Section 89-1-29). Confirm homestead and marital status before anyone signs.

Mississippi Requirements for Warranty Deed

• Title Guarantee and Covenants

  Mississippi packs the whole title guarantee into one statutory word. Under Miss. Code Ann. Section 89-1-33, warrant, used without restrictive words, embraces all five common-law covenants of title: seizin, power to sell, freedom from incumbrance, quiet enjoyment, and warranty of title. A deed reading convey and warrant is therefore a general warranty deed by operation of statute, guaranteeing clear title and the seller's defense against later claims.

• General vs Special Warranty Deed

  Whether the word warrant is restricted decides the coverage. Unrestricted, it reaches title defects even if they predate the seller (Section 89-1-33). Add restrictive words and the covenant narrows to claims arising by, through, or under the seller, giving a special or limited warranty deed. A quitclaim passes only the grantor's interest with no covenants (Section 89-1-39). Mississippi is a warranty-deed state, not a grant-deed state.

• Record with the Chancery Clerk

  File the signed, acknowledged deed with the Chancery Clerk (the clerk of the chancery court) of the county where the land is situated (Miss. Code Ann. Section 89-5-1). Mississippi keys priority to the time of filing, so a conveyance lodged first generally prevails over a later one taken by a purchaser for value without notice. Record promptly to protect your interest.

• Notary Acknowledgment, No Witnesses

  The Chancery Clerk will not record the deed until the grantor's signature has been acknowledged before a notary public (Miss. Code Ann. Section 89-3-1). Mississippi requires no subscribing witnesses for a deed, so a complete notarial acknowledgment is the recording path. Check that the acknowledgment certificate is filled in before you submit the deed for recording.

• No State Transfer Tax

  Mississippi imposes no state real-estate transfer, deed, or documentary-stamp tax on an ordinary deed. Recording a warranty deed costs only the chancery-clerk recording fee, and no transfer-tax declaration belongs on the face of the deed. One narrow carve-out: a separate documentary tax reaches transfers of mineral interests, but never an ordinary real-property deed.

• Legal Description and Parties

  Name the grantor and grantee, state the consideration, and set out the full legal description of the property rather than just the street address or parcel number. Mississippi also asks that the preparer's name, address, and phone appear on the first page (Section 89-5-24). A wrong legal description or a vesting error is a common and expensive source of later title trouble, so check both against the current deed.

• Spouse Must Join for Homestead

  When the property is the homestead of a married owner living with a spouse, the non-owner spouse must also sign the deed or the conveyance is not valid or binding (Miss. Code Ann. Section 89-1-29). This joinder turns on homestead status, not community property, since Mississippi is not a community-property state. Confirm homestead and marital status before anyone signs.

• Choosing the Instrument

  Match the deed to the protection you intend. A general warranty deed uses warrant without restriction and warrants title against the lawful claims of all persons (Section 89-1-33); it is the standard Mississippi sale instrument. A special or limited warranty deed covers only claims arising through the seller's own ownership. A quitclaim gives no covenants (Section 89-1-39). The reason for the transfer usually points to the right one.