Rhode Island Warranty Deed
A Rhode Island warranty deed guarantees clear title and defends the buyer against all claims. Recorded in the town land evidence records. Attorney review available.
Introduction
Rhode Island codifies its Warranty Deed at R.I. General Laws Section 34-11-12, where the two words with warranty covenants make Section 34-11-16 bind the grantor to warrant and defend the title against the lawful claims and demands of all persons. That title guarantee is what separates it from a quitclaim deed, which in most states promises nothing and only passes whatever interest the seller happens to have. A general warranty deed protects against every title defect, including ones that arose before the seller owned the property; a special or limited warranty deed covers only problems created during the seller's own ownership. Rhode Island is important to understand here, because Rhode Island is one of the states that does codify a warranty deed. Under R.I. General Laws Section 34-11-12 the statutory Warranty Deed uses the two operative words with warranty covenants, and Section 34-11-16 makes those words carry a full general warranty: that the grantor is lawfully seised in fee simple, that the premises are free from all encumbrances, that the grantor has good right to convey, that the grantee shall quietly enjoy the premises, and that the grantor will warrant and defend the title against the lawful claims and demands of all persons. The trap is that the Rhode Island Quitclaim Deed is not covenant-free: with quitclaim covenants still warrants against claims by, through, or under the grantor (Section 34-11-18), a limited warranty. You record the signed, acknowledged deed with the town clerk or recorder of deeds in the land evidence records of the city or town where the property sits (Section 34-13-1 and Section 34-11-1). DocDraft builds your Rhode Island deed from your facts, with attorney review available before you record.
Key Things to Know
- 1
A Rhode Island Warranty Deed carries the five covenants of Section 34-11-16, including the promise to warrant and defend against the lawful claims of all persons. Even the state's Quitclaim Deed keeps a limited warranty, so a covenant-free deed is drafted as a release.
- 2
Rhode Island codifies a Warranty Deed form (R.I. General Laws Section 34-11-12, short form (1)). Its operative words are with warranty covenants, and Section 34-11-16 makes those words carry five covenants: seisin in fee simple, freedom from all encumbrances, good right and lawful authority to convey, quiet enjoyment by the grantee, and a promise to warrant and defend the premises against the lawful claims and demands of all persons.
- 3
Section 34-11-15 gives a deed that follows the statutory Warranty Deed form the force and effect of a fee-simple conveyance with those grantor covenants. Rhode Island has no grant deed; its statutory short forms are the Warranty Deed and the Quitclaim Deed.
- 4
Watch the naming trap: the Rhode Island Quitclaim Deed is not covenant-free. The words with quitclaim covenants warrant and defend only against claims by, through, or under the grantor, not against defects the grantor did not create (Section 34-11-18), so it is a limited warranty. A deed with no covenants at all is drafted as a release.
- 5
You record the signed deed with the town clerk or recorder of deeds in the land evidence records of the city or town where the land lies (Section 34-13-1 and Section 34-11-1). Rhode Island records at the city or town level, not the county level. Recording gives constructive notice to all persons (Section 34-13-2), so record promptly.
- 6
The grantor's signature must be acknowledged before a notary or magistrate before the deed can be recorded (Section 34-11-1 and Section 34-12-1). The acknowledgment need not be in any set form. Rhode Island does not require subscribing witnesses for a deed.
- 7
Rhode Island imposes a real estate conveyance tax of 3.75 dollars for each 500 dollars of consideration, or fractional part, when the consideration paid exceeds 100 dollars; absent a contrary agreement the grantor pays it (Section 44-25-1). Rhode Island is not a community-property state and, having abolished dower and curtesy, does not make a non-titled spouse's signature a validity requirement for a deed recorded during the grantor's life.
Key decisions before you file
Before you file a Warranty Deed in Rhode Island, 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 Rhode Island in about a minute, and notarize it online through DocDraft if it does.
Rhode Island Requirements for Warranty Deed
A warranty deed guarantees clear title and defends the buyer against claims. Rhode Island codifies a Warranty Deed (R.I. General Laws Section 34-11-12 form (1)) whose operative words are with warranty covenants. Section 34-11-16 makes those words carry five covenants: the grantor is lawfully seised in fee simple, the premises are free from all encumbrances, the grantor has good right to convey, the grantee shall quietly enjoy the premises, and the grantor will warrant and defend the title against the lawful claims and demands of all persons.
Rhode Island codifies both a Warranty Deed (full covenants, Section 34-11-12 form (1)) and a Quitclaim Deed (form (2)) and has no grant deed. Watch the naming trap: the statutory Quitclaim Deed still carries covenants. The words with quitclaim covenants warrant and defend only against claims by, through, or under the grantor, but against none other (Section 34-11-18), a limited warranty. A deed with no covenants at all is drafted as a release.
Record the signed, acknowledged deed with the town clerk or recorder of deeds in the land evidence records of the city or town in which the land lies (R.I. General Laws Section 34-13-1 and Section 34-11-1). Rhode Island records at the city or town level, not the county level, so each of its 39 municipalities keeps its own land evidence records. Recording gives constructive notice to all persons (Section 34-13-2), so record promptly to protect your interest.
Before recording, the grantor signature must be acknowledged before a notary or other magistrate (R.I. General Laws Section 34-11-1 and Section 34-12-1). The acknowledgment need not be in any set form but must be made by the party executing the deed and certified that the party was known to the magistrate. Rhode Island does not require subscribing witnesses for a deed, so a proper acknowledgment is the recording path.
Rhode Island imposes a real estate conveyance tax of 3.75 dollars for each 500 dollars of consideration, or fractional part, paid for the property when the consideration exceeds 100 dollars (R.I. General Laws Section 44-25-1). In the absence of an agreement to the contrary, the grantor pays the tax. The tax is measured by the sale and applies to a warranty deed and a quitclaim deed alike.
Identify the grantor and grantee with their addresses, recite the consideration paid, and include the complete legal description of the property (not just the street address), typically by referring to the prior deed book and page in the town land evidence records. 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.
Rhode Island is not a community-property state, and it abolished dower and curtesy, replacing them with a surviving-spouse statutory life estate under Chapter 33-25. A conveyance the owner records before death is generally not subject to that life estate, so a non-titled spouse's signature is generally not a validity requirement for a deed recorded during the grantor's life. Because the exact carve-out wording should be confirmed against the current statute, verify how title is held before signing.
Choose the deed to match the protection intended. A Rhode Island Warranty Deed uses warranty covenants (Section 34-11-16) to warrant title against all persons, including defects predating the grantor, and is the strongest choice. The statutory Quitclaim Deed uses quitclaim covenants (Section 34-11-18) reaching only claims by, through, or under the grantor, a limited warranty. A release gives no covenants. The reason for the transfer usually points to the right one.
Does your Warranty Deed need to be notarized in Rhode Island?
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
A warranty deed guarantees the seller holds clear title and will warrant and defend the buyer against the lawful claims and demands of all persons (R.I. General Laws Section 34-11-12 and Section 34-11-16). Rhode Island is unusual because its statutory Quitclaim Deed is not a no-warranty instrument: under Section 34-11-18 the words with quitclaim covenants still make the grantor warrant and defend, but only against claims by, through, or under the grantor, not against defects the grantor did not create. So in Rhode Island the real contrast is full warranty against all persons versus a limited warranty against the grantor's own chain, with a covenant-free release as the third option.
A Rhode Island warranty deed carries the five covenants of R.I. General Laws Section 34-11-16: that the grantor is lawfully seised in fee simple of the premises, that they are free from all encumbrances, that the grantor has good right and lawful authority to sell and convey, that the grantee and their heirs and assigns shall peaceably and quietly enjoy the premises, and that the grantor will warrant and defend the premises forever against the lawful claims and demands of all persons. That last covenant reaches every claim, including title defects that arose before the seller owned the property, which is what makes a general warranty deed the strongest form of protection in Rhode Island.
Rhode Island codifies both a Warranty Deed and a Quitclaim Deed as statutory short forms (R.I. General Laws Section 34-11-12) and has no grant deed. The Warranty Deed uses with warranty covenants for a full general warranty (Section 34-11-16); the Quitclaim Deed uses with quitclaim covenants for a limited warranty against claims by, through, or under the grantor (Section 34-11-18). Both are valid; the Warranty Deed is chosen when the buyer wants the seller to warrant and defend title against all persons, including defects predating the seller.
You record the signed, acknowledged deed with the town clerk or recorder of deeds in the land evidence records of the city or town where the property is located (R.I. General Laws Section 34-13-1 and Section 34-11-1). Rhode Island records at the city or town level, not the county level, so each of its 39 municipalities keeps its own land evidence records. The grantor's signature must be acknowledged before a notary or magistrate first (Section 34-12-1), and recording gives constructive notice to all persons (Section 34-13-2), so record promptly.
Rhode Island does not require an attorney to prepare a deed, and an individual may prepare and record their own warranty or quitclaim deed. Because a deed transfers title and a mistake in the legal description, the choice of covenants, or how the grantee takes title can be expensive to fix, many people have the deed reviewed before recording. DocDraft prepares your Rhode Island 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 Rhode Island deed can be recorded, the grantor's signature has to be acknowledged before a notary or other magistrate (R.I. General Laws Section 34-11-1 and Section 34-12-1); the acknowledgment need not be in any set form but must be made by the party executing the deed. Rhode Island does not require subscribing witnesses for a deed, so a proper acknowledgment is what allows the town clerk or recorder of deeds to record it.
Usually yes when the property is sold for more than 100 dollars. Rhode Island imposes a real estate conveyance tax of 3.75 dollars for each 500 dollars of consideration, or fractional part, paid for the property when the consideration exceeds 100 dollars (R.I. General Laws Section 44-25-1). Absent an agreement to the contrary, the grantor pays the tax. The tax applies to a warranty deed and a quitclaim deed alike, because it is measured by the sale, not by the covenants in the deed.
Warranty covenants (R.I. General Laws Section 34-11-16) make the grantor warrant and defend title against the lawful claims and demands of all persons, including defects predating the grantor's ownership, and add covenants of seisin, freedom from encumbrances, right to convey, and quiet enjoyment; these are what a Rhode Island Warranty Deed carries. Quitclaim covenants (Section 34-11-18) make the grantor warrant and defend only against claims by, through, or under the grantor, but against none other; these are what the Rhode Island Quitclaim Deed carries. A release deed gives no covenants at all.