Tennessee Warranty Deed

Introduction

Key Things to Know

1. 1

   A warranty deed gives a Tennessee buyer the strongest title protection, with the seller guaranteeing clear title and promising to defend it against all persons whomsoever. A quitclaim deed sits at the opposite end and guarantees nothing.

2. 2

   Tennessee codifies the warranty deed. Its optional statutory form in Tennessee Code Section 66-5-103 uses the operative words I hereby convey to A. B. the following tract of land, and I warrant the title against all persons whomsoever. The same section supplies a quitclaim form that conveys only all my interest, with no warranty of title.

3. 3

   A general warranty deed warrants against every claim, including defects that predate the seller. A special or limited warranty narrows the covenant to claims arising during the seller's own ownership, which Tennessee allows because Section 66-5-103 forms may be varied to suit the precise state of facts.

4. 4

   You record the signed deed with the register of deeds of the county where the land lies, and the deed must include the name and address of a property owner and of the person or entity responsible for the property taxes (Tennessee Code Section 66-24-114). Tennessee follows a first-to-register priority rule with a notice exception, so recording promptly protects you (Tennessee Code Sections 66-26-103 and 66-26-105).

5. 5

   The grantor signs with an original signature, and the deed is authenticated either by acknowledgment before a notary or by proof of at least two subscribing witnesses, not both (Tennessee Code Section 66-22-101). Because a notarial acknowledgment satisfies this, witnesses are not required when the deed is notarized, and the county register may refuse to record a deed that is not authenticated.

6. 6

   Tennessee charges a realty transfer (recordation) tax of 0.37 dollars for each 100 dollars of the greater of the consideration paid or the property value, and the grantee must state that consideration or value under oath on the face of the deed (Tennessee Code Section 67-4-409(a)).

7. 7

   Tennessee is not a community property state and has abolished dower and curtesy, so a non-owner spouse generally need not join to convey the titled spouse's separately-owned real property (Tennessee Code Section 31-2-102). A spouse who is a record co-owner must still sign to convey their own interest.

Tennessee Requirements for Warranty Deed

• Title Guarantee and Warranty Covenant

  A warranty deed guarantees clear title and defends the buyer against claims. Unlike states that use a grant deed, Tennessee codifies the warranty form: Tennessee Code Section 66-5-103 gives an optional general-warranty short form whose operative words are I warrant the title against all persons whomsoever. That covenant reaches title defects arising before and during the grantor ownership. The same section supplies a quitclaim form that conveys only all my interest with no warranty of title.

• General vs Special Warranty

  A general warranty deed warrants against all claims, including defects predating the grantor. A special or limited warranty narrows the same covenant to claims arising by, through, or under the grantor during the grantor own ownership. Tennessee allows this because Section 66-5-103 says its forms may be varied to suit the precise state of facts. Choose the scope of warranty that matches the protection intended.

• Record with the Register of Deeds

  Record the signed, authenticated deed with the register of deeds of the county in which the land lies. The deed must include the name and address of a property owner and of the person or entity responsible for the property taxes, or the register may refuse it (Tennessee Code Section 66-24-114). Tennessee gives priority to the instrument first registered, unless the later party had full notice of the earlier one, so record promptly (Tennessee Code Sections 66-26-103 and 66-26-105).

• Signature, Notary or Two Witnesses

  The grantor signs with an original signature, and the deed is authenticated either by acknowledgment before a notary or by proof of at least two subscribing witnesses, not both (Tennessee Code Section 66-22-101). A notarial acknowledgment satisfies this on its own, so witnesses are not required when the deed is notarized. The county register may refuse to record a deed that is not authenticated in one of these two ways.

• Realty Transfer Tax and Oath of Consideration

  Tennessee charges a realty transfer (recordation) tax of 0.37 dollars for each 100 dollars of the greater of the consideration paid or the property value, collected by the register when the deed is recorded (Tennessee Code Section 67-4-409(a)). The grantee, the grantee agent, or a trustee must state that consideration or value under oath on the face of the deed. Certain transfers can be exempt; confirm the current exemption list before recording.

• 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 of record (book and page or instrument number) that vested title in the grantor. 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.

• Spousal Joinder Usually Not Required

  Tennessee is not a community property state and has abolished dower and curtesy, so a non-owner spouse generally need not join to convey the titled spouse separately-owned real property (Tennessee Code Section 31-2-102). If the spouses hold the property together, for example as tenants by the entirety, both are owners and both must sign to convey it. Confirm how title is held before signing to avoid a defective transfer.

• Warranty vs Quitclaim: Choosing the Instrument

  Choose the deed to match the protection intended. A general warranty deed warrants title against all claims, including those predating the grantor, and is Tennessee standard sale instrument under Section 66-5-103. A special or limited warranty narrows that covenant to the grantor own ownership. A quitclaim, also codified in Section 66-5-103, conveys only whatever interest the grantor has, with no warranty. The reason for the transfer usually points to the right one.