Pennsylvania Warranty Deed

Introduction

Key Things to Know

1. 1

   Pennsylvania puts the meaning of a warranty deed into its statutes. Under Title 21, a covenant that the grantor 'will warrant generally the property hereby conveyed' is read as a promise to forever warrant and defend the title against the lawful claims and demands of all persons whomsoever, including defects that predate the grantor (21 P.S. Section 5). Title 21 is an older statute, so confirm the current wording.

2. 2

   Change the operative words to 'will warrant specially' and, under the same statute, the deed becomes a special or limited warranty deed (21 P.S. Section 6): the grantor stands behind title only against claims by the grantor and anyone claiming through the grantor, not against defects that arose before the grantor took title.

3. 3

   A warranty deed gives the buyer the strongest title protection Pennsylvania offers, because the grantor guarantees clear title and agrees to defend it. It is the opposite of a quitclaim deed, which recites 'release and quit claim,' carries no title covenants, and passes only whatever interest the grantor actually holds.

4. 4

   Record the signed, acknowledged deed with the Recorder of Deeds of the county where the property sits. Pennsylvania applies a race-notice priority rule, so a later good-faith buyer who records first can defeat an earlier unrecorded deed (21 P.S. Section 351); record promptly.

5. 5

   The Recorder of Deeds will not record the deed until the grantor's signature is acknowledged before a notary. Subscribing witnesses are not required in Pennsylvania; the older statute allows proof by two witnesses only as a fallback when the grantor does not personally acknowledge, so notarization is the ordinary path (21 P.S. Section 42).

6. 6

   Selling the property triggers a state realty transfer tax of 1 percent of the value of the realty conveyed (61 Pa. Code Section 91.111), and the municipality and school district add their own realty transfer tax on top, commonly another 1 percent. File a Statement of Value (Form REV-183) with the deed when the full value is not stated, the transfer is a gift, or an exemption is claimed (61 Pa. Code Section 91.112).

7. 7

   Pennsylvania is not a community-property state and has abolished dower and curtesy (20 Pa.C.S. Section 2105), so a non-owner spouse usually need not join a deed of the other spouse's own property. But property the spouses hold as tenants by the entireties can be conveyed only if both spouses sign.

Pennsylvania Requirements for Warranty Deed

• Title Guarantee and Covenants

  A warranty deed guarantees clear title and defends the buyer against claims, and is the opposite of a quitclaim deed, which gives no promises. Pennsylvania gives the warranty words codified effect: its deed statute (Title 21) treats a covenant that the grantor will warrant generally the property conveyed as a promise to forever warrant and defend title against the lawful claims of all persons whomsoever. Title 21 is an older statute, so confirm the current wording.

• General Warranty Words: will warrant generally

  Pennsylvania does not mandate one fill-in-the-blank deed form; the covenant words control the protection. Under 21 P.S. Section 5, will warrant generally the property hereby conveyed operates as a covenant to forever warrant and defend the property, and every part of it, against the lawful claims and demands of all persons whomsoever, including defects predating the grantor. Confirm the current statutory wording before relying on it.

• Record with the Recorder of Deeds

  Record the signed, acknowledged deed with the Recorder of Deeds of the county in which the real property is situated. Pennsylvania follows a race-notice priority rule, so a conveyance recorded first by a good-faith purchaser without notice generally prevails over an earlier unrecorded one (21 P.S. Section 351). Record promptly to protect your interest, and include the grantee's complete post office address (21 P.S. Section 356).

• Notary Acknowledgment, No Witnesses

  Before recording, the grantor's signature must be acknowledged before a notary. Pennsylvania does not require subscribing witnesses for a deed; the older statute (21 P.S. Section 42) allows proof by two witnesses only as an alternative when the grantor does not personally acknowledge. In ordinary practice a notarial acknowledgment by the grantor is the recording path.

• Realty Transfer Tax and Statement of Value

  Pennsylvania imposes a state realty transfer tax of 1 percent of the value of the realty conveyed (61 Pa. Code Section 91.111), and the local municipality and school district add their own realty transfer tax, commonly another 1 percent, so the combined rate varies by locality. A Statement of Value (Form REV-183) is filed with the deed when the full value is not stated in it, the transfer is a gift, or an exemption is claimed (61 Pa. Code Section 91.112).

• 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 parcel number). Reference the prior deed by which the grantor took title. 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 vesting deed.

• Spouses and Tenancy by the Entireties

  Pennsylvania is not a community-property state and has abolished dower and curtesy (20 Pa.C.S. Section 2105), so a non-owner spouse generally need not join in a deed of the other spouse's individually owned property. Property the spouses hold as tenants by the entireties, however, can be conveyed only if both spouses sign, because each is a co-owner. Confirm how title is held before signing.

• General vs Special Warranty: Choosing the Instrument

  Choose the deed to match the protection intended. A general warranty deed (will warrant generally, 21 P.S. Section 5) warrants title against all claims, including those predating the grantor. A special or limited warranty deed (will warrant specially, 21 P.S. Section 6) warrants only against the grantor's own acts. A quitclaim (release and quit claim, 21 P.S. Section 7) gives no covenants. The reason for the transfer usually points to the right one.