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OpenDocumentA Maine general warranty deed, commonly known simply as a “warranty deed,” transfers a property title from a grantor to a grantee with the guarantee that there are no encumbrances on the property. Encumbrances are outside claims to the property title (e.g., easements or liens) that may diminish a title’s quality. By giving a full warranty, the grantor promises that they have the right to convey the property, the title is clean, and that they and their heirs will defend the grantee against any claims. This guarantee protects the grantee from any and all encumbrances, even those caused from previous owners before the grantor held title.
- Statutes: 33 §§ 763, 764
- Formatting:
- Signing Requirements (§ 203): Notary Public
- Where to Record: Registry of Deeds
- Recording Fees (County Deeds Fee Schedule): $19 plus a $3 surcharge and $2 for each additional page.
- Forms:
- Real Estate Transfer Tax Declaration (Form RETTD) (Online/PDF): Must be completed and filed with the deed (unless the transfer is a gift).
- Property Disclosure Statement (§ 173): This disclosure must be completed by the property seller and given to prospective buyers to provide them with an inventory of the property, including any latent defects and hazards.