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OpenDocumentA Vermont special warranty deed is a real estate conveyance document in which the grantor takes responsibility for encumbrances that occurred after they obtained the title, but not before. Also referred to in Vermont as the “limited warranty deed,” the document warrants that there are no liens or third-party claims to the title, and that they hold fee simple interest. By transferring real estate with a special warranty deed, the grantee accepts that encumbrances (e.g., third-party claims, liens, unpaid taxes) from previous grantors may exist and will become their responsibility.
Foreclosed real estate is often conveyed with a special warranty deed, as the grantor can sell the property without being liable for encumbrances made under a previous owner.
- Statutes: Chapter 5 – Conveyance of Real Estate
- Formatting: No formatting requirements in state statutes. Filers should contact the city/town/county clerk for local requirements.
- Signing Requirements (§ 341(a)): Notary Public
- Where to Record (§ 402): City/Town/County Clerk’s Office
- Recording Fees (§ 1671(a)(6)): $15 per page
- Forms:
- Property Transfer Tax Return (Form PTT-172): Individuals must include this form when recording a deed and pay the tax online or by check mailed to the address found in the link below.
- Smoke Detector Certificate (§ 2883(a)): Used to certify that a single-family dwelling is equipped with the proper smoke detector and alarm system required by law.