A Nebraska special warranty deed is a conveyance instrument whereby a seller (grantor) transfers property rights and warrants to the buyer (grantee) that no title issues occurred during their period of ownership. A special warranty deed makes no guarantees as to encumbrances or other title concerns caused by previous property owners. Therefore, the grantee in a special warranty deed is not protected against defects occurring before the grantor acquired property rights.
Special warranty deeds are generally used when the property’s ownership history is unknown to the grantor. For instance, in the administration of a deceased person’s estate, the executor may be unaware of past issues with the property and thus would only warrant the title against defects caused by the deceased.
- Statutes: Chapter 76 (Real Property)
- Formatting: § 23-1503.01
- Signing Requirements (§ 76-211): Notary Public
- Where to Record: Register of Deeds
- Recording Fees (§ 33-109): $10 for the first page + $6 for each additional page
- Documentary Stamp Tax (REG-52-001 thru REG-52-012): This tax is due when recording a deed (unless exempt).