Covenant Deed (Special Warranty Deed) - Michigan

MICHIGAN SPECIAL WARRANTY DEED

Recordable event: DEED WITH EXPRESS LIMITED COVENANTS

This form deliberately does not use the unqualified phrase “conveys and warrants.” Under MCL 565.151, that phrase carries Michigan's full statutory warranty covenants against all lawful claims. The limited covenants below must be stated expressly and settled by Michigan counsel.

Recording Information

1. Parties

Grantor: [FULL LEGAL NAME AND CAPACITY]

Address: [________________________________]

Grantee: [FULL LEGAL NAME AND CAPACITY]

Address: [STREET OR POST OFFICE ADDRESS]

Grantee takes title as: [STATE THE EXACT ESTATE AND SHARES]

Marital status, spouse joinder, homestead, co-ownership, trust, fiduciary, and entity authority are transaction-specific title issues; MCL 565.201 does not impose a generic marital-status recital on this deed.

2. Consideration and Value

Monetary consideration: $[________________].

Other consideration, debt assumed, debt forgiven, exchanged property or services, or obligations:

[____________________________________________________________]

Total value used for Michigan transfer-tax review: $[________________].

3. Conveyance

For the consideration stated above, Grantor conveys to Grantee the following real property situated in [________________] County, Michigan:

[FULL LEGAL DESCRIPTION OR PERMITTED EXHIBIT REFERENCE]

Common address: [________________________________]

Parcel number: [________________________________]

Estate or interest conveyed: [________________________________].

Under MCL 565.153, a deed need not say “heirs and assigns” to create an estate of inheritance; any intended lesser estate must be expressed in the deed.

4. Express Limited Covenants

Subject to the exceptions stated in Section 5, Grantor expressly covenants that:

1. Grantor has not conveyed the same estate or interest to another person during Grantor's ownership; and
2. Grantor will warrant and defend title against lawful claims arising by, through, or under Grantor, but against none other.

Additional expressly negotiated limited covenant, if any:

[____________________________________________________________]

Under MCL 565.5, no covenant is implied in a real-estate conveyance except an oil and gas lease. These express covenants do not promise against a title defect, lien, encumbrance, or claim that does not arise by, through, or under Grantor. Do not add “conveys and warrants” unless the parties intend the full statutory covenants in MCL 565.151.

5. Exceptions and Reservations

This conveyance and the express limited covenants are subject to:

[LIST EACH PERMITTED EXCEPTION, LIEN, EASEMENT, RESTRICTION, RESERVATION, TAX, ASSESSMENT, POSSESSION RIGHT, SURVEY MATTER, OR OTHER EXCLUSION]

Additional reservation or retained interest:

[____________________________________________________________]

Do not use a generic “all matters of record” clause without title-specific review.

6. Title and Closing Gate

• ☐ Current title evidence identifies Grantor's estate and the instruments in the chain of title
• ☐ The limited-covenant period and every permitted exception are identified
• ☐ Every required co-owner, spouse, trustee, fiduciary, entity representative, or other interest holder is identified
• ☐ Existing mortgages, due-on-transfer provisions, liens, taxes, assessments, leases, restrictions, survey matters, possession rights, and insurance consequences were reviewed
• ☐ Grantee's estate, shares, survivorship language, and capacity are stated precisely
• ☐ Delivery and acceptance were documented

7. Michigan Transfer-Tax Statement

☐ Taxable transfer. Total value is stated above or in the prescribed affidavit; county tax is calculated under MCL 207.504 and state tax under MCL 207.525.

☐ County exemption. MCL 207.505([____]) — reason: [________________________________].

☐ State exemption. MCL 207.526([____]) — reason: [________________________________].

If the instrument is exempt, MCL 207.511 and 207.533 require the reason for exemption on the face of the instrument. County and state exemption lists are not identical.

8. Tax Certificates

Unless an exception in MCL 211.135(6) applies, the person presenting the deed must provide the certificates described in MCL 211.135(1). The no-warranty exception in subsection (6)(e) does not automatically apply to a deed containing these express covenants.

☐ Required certificates obtained and presented

☐ An MCL 211.135(6) exception applies — subsection and basis: [________________________________]

9. Grantor Execution

Grantor signs this deed on [__/__/____].

Signature: ________________________________________

Printed legal name beneath signature: [________________________________]

Capacity, if any: [________________________________]

Additional required signature:

Signature: ________________________________________

Printed legal name beneath signature: [________________________________]

Capacity: [________________________________]

Acknowledgment

State of Michigan

County of [________________________________]

The foregoing record was acknowledged before me on [__/__/____] by [NAME OF INDIVIDUAL AND REPRESENTATIVE CAPACITY, IF ANY].

Notary signature: ________________________________________

Printed notary name: [________________________________]

Notary public, State of Michigan, County of [________________________________]

My commission expires: [__/__/____]

Acting in the County of: [________________________________]

Notarial method, if applicable: ☐ In person ☐ Approved electronic notarization ☐ Approved remote electronic notarization

10. Recording Checklist

• ☐ Single recordable-event statement appears as the first line of print
• ☐ Signer names are printed beneath signatures and match the acknowledgment
• ☐ Grantee's street or post-office address is included
• ☐ Drafter's name and business address are included
• ☐ MCL 565.201 margin, paper, ink, type, translation, and redaction rules are satisfied
• ☐ Deed is acknowledged as required by MCL 565.8 and 565.47
• ☐ Transfer-tax value statement, affidavit, stamps, or exact exemption reasons are completed
• ☐ Tax-certificate route is confirmed
• ☐ Current county fee, parcel, indexing, e-recording, and return requirements are confirmed; MCL 600.2567 sets a $30 state-default recording fee but permits a charter county's different cost-based schedule
• ☐ Recorded copy and title documents are retained

Sources and References

• MCL 565.5 — No implied covenant
• MCL 565.151 — Full statutory warranty-deed form
• MCL 565.153 — Estate conveyed
• MCL 565.8 — Deed acknowledgment
• MCL 565.47 — Acknowledgment required for recording
• MCL 565.201 — Recording requirements
• MCL 55.285 and 55.287 — Michigan notarial act
• MCL 207.504-.505 and 207.511 — County transfer tax
• MCL 207.525-.526 and 207.533 — State transfer tax
• MCL 211.135 — Tax-certificate requirements and exceptions
• MCL 600.2567 — Recording fees

This template is provided for informational purposes only and does not constitute legal advice. Michigan counsel must review the completed deed before execution or recording.