Mississippi Warranty Deed
In Mississippi, the word warrant carries all five covenants of title by statute (Section 89-1-33). Record with the county Chancery Clerk. Attorney review available.
Introduction
Mississippi settles what a warranty deed promises in a single codified word. Under Miss. Code Ann. Section 89-1-33, the word warrant, placed in a conveyance without restrictive words, embraces all five common-law covenants of title: seizin, power to sell, freedom from incumbrance, quiet enjoyment, and warranty of title. That one statute is why a Mississippi deed reading convey and warrant becomes a general warranty deed by force of law, not by drafting habit. Those covenants guarantee that the seller holds clear title and will defend the buyer against anyone who later claims the property. A quitclaim promises none of this: it passes only whatever interest the grantor happens to hold and adds no covenants (Section 89-1-39). Two flavors of warranty follow from the same statute. Leave warrant unrestricted and you have a general warranty deed that reaches even title defects predating the seller; add restrictive words and you narrow it to a special or limited warranty deed covering only claims arising by, through, or under the seller. Mississippi is a warranty-deed state, not a grant-deed state, so there is no California-style grant deed here and no fill-in statutory form to complete. Once the deed is signed, the grantor's signature is acknowledged before a notary and the instrument is recorded with the Chancery Clerk of the county where the land sits (Sections 89-3-1 and 89-5-1). DocDraft builds your Mississippi deed from your facts, with attorney review available before you record.
Key Things to Know
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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.
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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).
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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).
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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.
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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.
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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.
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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.
Key decisions before you file
Before you file a Warranty Deed in Mississippi, a few decisions shape the document: which option to choose and what each one means. The Warranty Deed guide walks through them.
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Mississippi Requirements for Warranty Deed
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.
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.
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.
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.
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.
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.
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.
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.
Does your Warranty Deed need to be notarized in Mississippi?
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Check my Warranty DeedFrequently Asked Questions
Mississippi draws the line at the word warrant. Under Miss. Code Ann. Section 89-1-33, that word, used without restrictive words, carries all five common-law covenants of title, so a warranty deed guarantees the seller holds clear title and will defend the buyer against claims. A quitclaim makes no such promise: it passes only whatever interest the grantor actually has, carries no covenants, and merely estops the grantor from later asserting an adverse title (Section 89-1-39).
Five covenants, all packed into one statutory word. Miss. Code Ann. Section 89-1-33 provides that warrant, used without restrictive words, embraces seizin (the grantor owns the estate), power to sell, freedom from incumbrance, quiet enjoyment, and warranty of title. In practice that means the seller holds clear title, the property is free of undisclosed encumbrances, and the seller will defend the buyer against the lawful claims of all persons, including defects that arose before the seller owned the land.
A warranty deed. Mississippi has no grant deed and no implied-covenant scheme tied to the word grant, so the California model does not apply here. Mississippi also prescribes no fill-in deed form; instead it fixes the meaning of the operative word in Miss. Code Ann. Section 89-1-33. A Mississippi general warranty deed therefore states that the grantor does convey and warrant the property, and that phrasing pulls in all five common-law covenants of title.
Take the signed, acknowledged deed to the Chancery Clerk (the clerk of the chancery court) of the county where the land is located (Miss. Code Ann. Section 89-5-1). The grantor's signature must already be acknowledged before a notary (Section 89-3-1). Mississippi resolves competing claims by the time of filing, so a deed lodged first generally defeats a later one taken by a purchaser for value without notice. That priority rule is the reason to record without delay.
No. Mississippi lets an individual prepare and record their own warranty deed with the Chancery Clerk without an attorney. That said, a deed transfers title, and a slip in the legal description, the covenant language under Section 89-1-33, or the homestead joinder can be costly to unwind, so many people have the instrument reviewed first. DocDraft assembles your Mississippi deed from your facts, with attorney review available as an option before you record.
Notarized, yes; witnessed, no. Before the Chancery Clerk will record a Mississippi deed, the grantor's signature has to be acknowledged before a notary public (Miss. Code Ann. Section 89-3-1). Mississippi does not require subscribing witnesses for a deed, so a complete notarial acknowledgment is all the execution formality the recorder needs. Remember that a married owner's homestead adds one more required signature, the spouse's (Section 89-1-29).
None. Mississippi levies no state real-estate transfer, deed, or documentary-stamp tax on an ordinary deed, which puts it among the minority of states that charge nothing at transfer. Recording a Mississippi warranty deed costs only the chancery-clerk recording fee, and no transfer-tax declaration goes on the face of the deed. One narrow exception: a separate documentary tax reaches transfers of mineral interests, but never an ordinary real-property deed.
It comes down to whether warrant is restricted. Left unrestricted, the word triggers all five covenants of Miss. Code Ann. Section 89-1-33 and warrants title against the lawful claims of all persons, including defects predating the seller: that is a general warranty deed. Add restrictive words and the covenant reaches only claims arising by, through, or under the seller, which is a special or limited warranty deed. A quitclaim, at the far end, gives no covenants at all. The reason for the transfer usually points to the right choice.