Special Warranty Deed

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IMPORTANT LEGAL NOTICE
This Special Warranty Deed provides LIMITED warranty protection. The Grantor warrants ONLY against title defects arising during Grantor's period of ownership. Mississippi special warranty deeds are commonly used for commercial real estate transactions. Mississippi does NOT impose a state transfer tax on real estate deeds. Obtain title insurance for complete protection.


SPECIAL WARRANTY DEED

State of Mississippi


[3" TOP MARGIN REQUIRED FOR RECORDING INFORMATION]

RECORDING INFORMATION

After Recording Return To:

Name: ________________________________________
Address: _____________________________________
City, State, ZIP: _____________________________
Telephone: ___________________________________

Prepared By:

Name: ________________________________________
Address: _____________________________________
Mississippi Bar No. (if attorney): ____________
Telephone: ___________________________________

PROPERTY INFORMATION

Field Information
County [COUNTY NAME], Mississippi
Property Address [STREET ADDRESS, CITY, MS ZIP]
Parcel ID Number [PARCEL ID]
Legal Description See Exhibit A
Consideration $[AMOUNT]

RECORDING FEES

Item Amount
First Page $25.00
Each Additional Page $[AMOUNT per county]
Total Recording Fee $_______

Note: Mississippi does NOT impose a state real estate transfer tax on deeds.


PARTIES

GRANTOR (Seller/Current Owner):

Name: [GRANTOR FULL LEGAL NAME]

Mailing Address: [FULL ADDRESS]

Telephone: [PHONE NUMBER] (REQUIRED per Miss. Code 27-3-51(2))

Marital Status:
☐ A single person
☐ A married person, spouse joining
☐ A married person, conveying separate property

Entity Type (if applicable):
☐ A Mississippi limited liability company
☐ A Mississippi corporation
☐ A [State] limited liability company registered in Mississippi
☐ A [State] corporation registered in Mississippi
☐ Trustee of [Trust Name]


GRANTEE (Buyer/New Owner):

Name: [GRANTEE FULL LEGAL NAME]

Mailing Address: [FULL ADDRESS]

Telephone: [PHONE NUMBER] (REQUIRED per Miss. Code 27-3-51(2))

Manner of Holding Title:
☐ As a single person
☐ As husband and wife as joint tenants with right of survivorship
☐ As joint tenants with right of survivorship
☐ As tenants in common (____% and ____%)
☐ As a Mississippi limited liability company
☐ As a Mississippi corporation
☐ As Trustee of [Trust Name]


CONVEYANCE

Granting Clause

KNOW ALL MEN BY THESE PRESENTS:

That [GRANTOR NAME] ("Grantor"), of [COUNTY] County, Mississippi, for and in consideration of the sum of [WRITTEN AMOUNT] AND NO/100 DOLLARS ($[NUMERIC]) and other good and valuable consideration, cash in hand paid by [GRANTEE NAME] ("Grantee"), the receipt of which is hereby acknowledged, has this day GRANTED, BARGAINED, SOLD, AND CONVEYED WITH SPECIAL WARRANTY, and by these presents does hereby GRANT, BARGAIN, SELL, AND CONVEY WITH SPECIAL WARRANTY, unto the said Grantee, all of the following described land and property situated, lying, and being in [COUNTY] County, State of Mississippi, to-wit:

See Exhibit A attached hereto and incorporated herein by reference (the "Property")


Property Conveyed

TOGETHER with all and singular the tenements, hereditaments, and appurtenances thereunto belonging or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof, including:

☐ All improvements, buildings, structures, and fixtures
☐ All easements and rights-of-way appurtenant to the Property
☐ All water rights appurtenant to the Property
☐ All rights in streets, alleys, and ways adjoining the Property
☐ All mineral, oil, and gas rights (unless excepted below)
☐ All timber rights


Habendum Clause

TO HAVE AND TO HOLD the said land with all and singular the rights and appurtenances thereunto belonging, unto the said Grantee, Grantee's heirs and assigns, forever.


SPECIAL WARRANTY COVENANTS

Limited Warranty (Miss. Code 89-1-35)

And the said Grantor, for Grantor and Grantor's heirs, executors, and administrators, does hereby covenant with the said Grantee, Grantee's heirs and assigns, as follows:

  1. Covenant of Seisin (Limited): That Grantor is lawfully seized of the Property in fee simple;

  2. Covenant of Right to Convey (Limited): That Grantor has good right and lawful authority to sell and convey the same;

  3. Covenant Against Encumbrances (Limited): That the Property is free from all encumbrances made or suffered by Grantor, except as herein stated; and

  4. Covenant of Warranty (Limited): That Grantor will WARRANT AND FOREVER DEFEND the title to the Property unto the said Grantee, Grantee's heirs and assigns, against the lawful claims and demands of all persons claiming by, through, or under Grantor, but not otherwise.

Scope of Special Warranty

THIS IS A SPECIAL WARRANTY DEED. The warranties contained herein are LIMITED to defects in title arising during Grantor's period of ownership.

Grantor does NOT warrant against:

☐ Claims arising before Grantor acquired title
☐ Defects or encumbrances created by prior owners
☐ Claims by parties not claiming through Grantor
☐ Matters of public record prior to Grantor's acquisition
☐ Title defects existing before Grantor's ownership


EXCEPTIONS TO WARRANTY

This conveyance is made and accepted SUBJECT TO:

Standard Exceptions

☐ Ad valorem taxes for the current year and subsequent years
☐ All applicable zoning ordinances and regulations
☐ All easements, restrictions, and rights-of-way of record
☐ Oil, gas, and mineral reservations of record (if applicable)
☐ Rights of parties in possession

Specific Exceptions

  1. [SPECIFIC EXCEPTION]
    Recorded in Book _____, Page _____, [COUNTY] County, Mississippi

  2. [SPECIFIC EXCEPTION]
    Recorded in Book _____, Page _____, [COUNTY] County, Mississippi

  3. [SPECIFIC EXCEPTION]
    Recorded in Book _____, Page _____, [COUNTY] County, Mississippi

☐ See Exhibit B for additional exceptions


GRANTOR REPRESENTATIONS

Authority

☐ Grantor has full power and authority to convey the Property
☐ If entity: Grantor is duly organized, validly existing, and in good standing
☐ If entity: This conveyance has been duly authorized by all necessary action

FIRPTA Compliance

☐ Grantor is not a "foreign person" as defined in 26 U.S.C. Section 1445
☐ Grantor is a "foreign person" and FIRPTA withholding applies


EXECUTION

IN WITNESS WHEREOF, the said Grantor has hereunto set Grantor's hand and seal this _____ day of _________________, 20_____.


GRANTOR SIGNATURE(S)

NOTE: All signatures must be in BLACK or BLUE ink. Names must be typed, printed, or stamped beneath each original signature.

Individual Grantor:

________________________________________
[GRANTOR NAME] (Typed/Printed)

Spouse of Grantor (if applicable):

________________________________________
[SPOUSE NAME] (Typed/Printed)

Entity Grantor:

[ENTITY NAME]

By: ____________________________________
Name: __________________________________ (Typed/Printed)
Title: _________________________________

ACKNOWLEDGMENT

NOTE: Mississippi requires notarization (Miss. Code 89-3-1, 89-3-7) but does NOT require witnesses for deeds.

Individual Acknowledgment (Mississippi)

STATE OF MISSISSIPPI
COUNTY OF _______________

PERSONALLY appeared before me, the undersigned authority in and for
the said county and state, on this _____ day of _________________,
20_____, within my jurisdiction, the within named
____________________________________________, who acknowledged that
he/she signed and delivered the above and foregoing instrument on
the day and year therein mentioned as his/her act and deed.

GIVEN under my hand and official seal, this _____ day of
_________________, 20_____.


________________________________________
NOTARY PUBLIC
Print Name: ____________________________
My Commission Expires: _________________

[NOTARY SEAL]

Acknowledgment by Married Persons

STATE OF MISSISSIPPI
COUNTY OF _______________

PERSONALLY appeared before me, the undersigned authority in and for
the said county and state, on this _____ day of _________________,
20_____, within my jurisdiction, the within named
____________________________________________ and
____________________________________________, husband and wife, who
acknowledged that they signed and delivered the above and foregoing
instrument on the day and year therein mentioned as their act and deed.

GIVEN under my hand and official seal, this _____ day of
_________________, 20_____.


________________________________________
NOTARY PUBLIC
Print Name: ____________________________
My Commission Expires: _________________

[NOTARY SEAL]

Entity Acknowledgment (Mississippi)

STATE OF MISSISSIPPI
COUNTY OF _______________

PERSONALLY appeared before me, the undersigned authority in and for
the said county and state, on this _____ day of _________________,
20_____, within my jurisdiction, the within named
____________________________________________, who acknowledged that
he/she, as _________________________ [title] of ___________________
[entity name], signed and delivered the above and foregoing instrument
on the day and year therein mentioned, as the act and deed of said
entity, having been duly authorized so to do.

GIVEN under my hand and official seal, this _____ day of
_________________, 20_____.


________________________________________
NOTARY PUBLIC
Print Name: ____________________________
My Commission Expires: _________________

[NOTARY SEAL]

EXHIBIT A - LEGAL DESCRIPTION

Property Address:
[STREET ADDRESS]
[CITY], Mississippi [ZIP]

Parcel Identification Number: [NUMBER]

Legal Description:

[INSERT COMPLETE LEGAL DESCRIPTION]

Example formats:

  • Lot ___, Block ___, [SUBDIVISION NAME], a subdivision according to a map or plat thereof which is on file and of record in Plat Book ___, at Page ___, in the office of the Chancery Clerk of [COUNTY] County, Mississippi.

  • The [DIRECTION] [FRACTION] of the [DIRECTION] [FRACTION] of Section ___, Township ___ [North/South], Range ___ [East/West], [COUNTY] County, Mississippi, containing _____ acres, more or less.

  • [METES AND BOUNDS DESCRIPTION]

County: [COUNTY], Mississippi


EXHIBIT B - SPECIFIC EXCEPTIONS (If Applicable)

[List all specific encumbrances, liens, easements, and restrictions that remain after closing]

  1. ________________________________________________________________

  2. ________________________________________________________________

  3. ________________________________________________________________


MISSISSIPPI RECORDING REQUIREMENTS

Filing Information

  • Filing Office: Chancery Clerk, [COUNTY] County, Mississippi (Miss. Code 89-5-1)
  • Recording Fee: $25.00 for first page (varies by county for additional pages)
  • Transfer Tax: Mississippi does NOT impose a state real estate transfer tax

Document Requirements (Miss. Code 89-5-24, 27-3-51)

☐ 3" top margin on first page for recording information
☐ Document title identifying type of instrument (e.g., "Special Warranty Deed")
☐ Names, mailing addresses, and telephone numbers of all parties (Miss. Code 27-3-51(2))
☐ Signatures in black or blue ink
☐ Typed, printed, or stamped names beneath each signature
☐ Proper acknowledgment/notarization (Miss. Code 89-3-1, 89-3-7)
☐ Legible and reproducible

Effect of Recording (Miss. Code 89-5-1)

A deed takes effect as to creditors and subsequent purchasers for valuable consideration without notice only from the time it is delivered to the Chancery Clerk to be recorded.

Statutory References

  • Miss. Code 89-1-35 - Special warranty deed provisions
  • Miss. Code 89-3-1, 89-3-7 - Acknowledgment/notarization requirements
  • Miss. Code 89-5-1 - Recording with Chancery Court Clerk
  • Miss. Code 89-5-24 - Recording standards and requirements
  • Miss. Code 27-3-51(2) - Telephone number requirement

TITLE INSURANCE NOTICE

IMPORTANT: Because this is a Special Warranty Deed with LIMITED warranties, Grantee is STRONGLY ADVISED to obtain an owner's policy of title insurance from a licensed title insurance company. Title insurance will protect against defects from prior owners that are not covered by this deed's limited warranty.

☐ Grantee acknowledges receipt of this recommendation


END OF SPECIAL WARRANTY DEED

Mississippi Code Title 89

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About This Template

Real estate documents transfer ownership, define who can use a property, and record agreements between buyers, sellers, landlords, and tenants. Deeds, purchase agreements, leases, and easements have to be drafted to meet state recording requirements, and mistakes show up at closing or years later in title disputes. Good real estate paperwork moves transactions forward quickly and avoids the kind of problems that only surface when it is time to sell or refinance.

Important Notice

This template is provided for informational purposes. It is not legal advice. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.

Last updated: February 2026