A Tennessee general warranty deed is a legal document used to convey a property title that also asserts that the grantor will defend the grantee against any and all third-party title claims. By recording a general warranty deed, the grantor promises that they hold interest in the property and that they are not aware of any outstanding liens, judgments, or other encumbrances. The warranty is described as “general” as it covers title complications from any point in time.
Tennessee deeds must contain a “derivation clause” (or “source/chain of title”) to be eligible for recording with the Register of Deeds. If the property’s conveyance was previously recorded, the deed must state the instrument type, the office where the instrument was recorded, and the book and page number containing said instrument.
- Statutes: Title 66 – Property
- Formatting: §§ 66-5-103, 66-24-110, 66-24-114, 66-24-122, 67-4-409(6)(A). There may be county-specific recording requirements.
- Signing Requirements (§ 66-22-101): Notary Public or Two (2) Witnesses
- Where to Record (§ 66-5-106).: County Register of Deeds
- Recording Fees (§ 8-21-1001): $12 ($10 registration fee + $2 service fee) for the first two (2) pages, $5 for each additional page.
- Property Disclosure Statement (§ 66-5-202): Unless a buyer is buying a property “as-is,” the seller must provide them with this disclosure statement detailing any adverse conditions affecting the dwelling.