Tennessee Warranty Deed
A Tennessee warranty deed guarantees clear title and defends the buyer, using the state's codified warranty form. Attorney review available.
Introduction
Tennessee codifies its warranty deed in a short statutory form (Tennessee Code Section 66-5-103) whose operative words, I warrant the title against all persons whomsoever, are the seller's guarantee of clear title and pledge to defend the buyer. That title guarantee is what separates it from a quitclaim deed, which 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 narrows that promise to claims arising only during the seller's own ownership. Tennessee is helpful to understand here, because Tennessee codifies the warranty deed. Its optional statutory form in Tennessee Code Section 66-5-103 uses the operative words convey and I warrant the title against all persons whomsoever, and the same section gives a quitclaim form with no warranty language at all. That makes the general warranty deed Tennessee's standard title-transfer instrument, not a grant deed. You record the signed, notarized deed with the register of deeds of the county where the land lies, and the deed must show the owner and tax-payer name and address (Tennessee Code Section 66-24-114). DocDraft builds your Tennessee deed from your facts, with attorney review available before you record. This is general information grounded in the statute, not legal advice.
Key Things to Know
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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.
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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.
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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.
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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).
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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.
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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)).
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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.
Key decisions before you file
Before you file a Warranty Deed in Tennessee, 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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Once your Warranty Deed is ready, you can check whether it needs to be notarized in Tennessee in about a minute, and notarize it online through DocDraft if it does.
Tennessee Requirements for Warranty Deed
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.
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 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).
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.
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.
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.
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.
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.
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Check my Warranty DeedFrequently Asked Questions
A warranty deed guarantees the seller holds clear title and will defend the buyer against claims to the property. A quitclaim deed makes no promises at all; it passes only whatever interest the seller actually has. Tennessee codifies both in Tennessee Code Section 66-5-103: the warranty form adds the operative words and I warrant the title against all persons whomsoever, while the quitclaim form conveys only all my interest with no warranty. The warranty deed is Tennessee's standard sale instrument; a quitclaim is used mainly to clear or transfer an uncertain interest.
A general warranty deed guarantees clear title against all claims, including defects that arose before the seller owned the property, and promises to defend the buyer. Tennessee codifies that promise in the statutory form at Tennessee Code Section 66-5-103, whose operative words are I warrant the title against all persons whomsoever. A special or limited warranty deed narrows the same covenant to claims arising during the seller's own ownership, which Tennessee permits because the section says its forms may be varied to suit the precise state of facts.
Tennessee uses a warranty deed, not a grant deed. Tennessee Code Section 66-5-103 codifies an optional general-warranty short form whose operative words are convey and I warrant the title against all persons whomsoever, making the general warranty deed the state's standard title-transfer instrument. Tennessee does not use California's grant deed. The same statute also provides a quitclaim form for transfers where the grantor gives no warranty of title.
You record the signed, notarized deed with the register of deeds of the county where 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). The grantor's signature must first be authenticated by a notary acknowledgment or by two subscribing witnesses (Tennessee Code Section 66-22-101). Tennessee follows a first-to-register priority rule with a notice exception, so record promptly (Tennessee Code Sections 66-26-103 and 66-26-105).
Tennessee does not require an attorney to prepare or record a deed; an individual may prepare their own warranty or quitclaim deed and record it. Because a deed transfers title and a mistake in the legal description, the warranty covenant, or how the grantee takes title can be expensive to fix, many people have the deed reviewed before recording. DocDraft prepares your Tennessee deed from your facts, with attorney review available as an option before you record.
It must be authenticated, and notarization is the usual route. Under Tennessee Code Section 66-22-101 the grantor signs with an original signature, and the deed is then either acknowledged before a notary or proved by at least two subscribing witnesses, not both. A notarial acknowledgment satisfies the requirement 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.
Usually yes when the property is sold. 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 must state that consideration or value under oath on the face of the deed. Certain transfers, such as some spousal transfers, partitions, and trust transfers, can be exempt; confirm the current exemption list before recording.
Usually only the owner spouse signs. Tennessee is not a community property state and has abolished dower and curtesy, so a non-owner spouse generally does not have to join to convey the titled spouse's separately-owned real property (Tennessee Code Section 31-2-102). If the spouses hold the property together, for example as tenants by the entirety, then both are owners and both must sign to convey it. Confirm how title is held before signing to avoid a defective transfer.