Special Warranty Deed

SPECIAL WARRANTY DEED

State of North Carolina

Prepared By:
_____________________________________________

Return To:
_____________________________________________
_____________________________________________
_____________________________________________

Parcel Identifier Number (PIN):
_____________________________________________

SPACE ABOVE THIS LINE FOR REGISTER OF DEEDS' USE

DOCUMENT INFORMATION

Excise Tax: $______________________

SPECIAL WARRANTY DEED

This Deed, made this _____ day of _________________, 20_____,

ARTICLE I: PARTIES

Section 1.1 Grantor(s)

BY AND BETWEEN:

_____________________________________________
(Name)

residing at _____________________________________________

whose mailing address is _____________________________________________

Marital Status:
☐ An unmarried person
☐ A married person
☐ Husband and wife
☐ A _________________ [entity type], a _________________ [state] corporation/limited liability company

hereinafter referred to as "GRANTOR"

Section 1.2 Grantee(s)

AND:

_____________________________________________
(Name)

whose mailing address is _____________________________________________
_____________________________________________

Vesting:
☐ An unmarried person
☐ A married person
☐ Husband and wife, as tenants by the entirety
☐ As joint tenants with right of survivorship
☐ As tenants in common
☐ A _________________ [entity type], a _________________ [state] corporation/limited liability company

hereinafter referred to as "GRANTEE"

ARTICLE II: CONVEYANCE

Section 2.1 Recitals

The designation "Grantor" and "Grantee" as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine, or neuter as required by context.

Section 2.2 Granting Clause

WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does GRANT, BARGAIN, SELL AND CONVEY unto the Grantee in fee simple, all that certain lot or parcel of land situated in _________________ Township, _________________ County, North Carolina, and more particularly described as follows:

Section 2.3 Legal Description

See Exhibit "A" attached hereto and incorporated herein by reference.

Property Address: _____________________________________________

Parcel Identifier Number (PIN): _____________________________________________

Plat Reference (if applicable): Plat Book _____, Page _____, _________________ County Registry

ARTICLE III: LIMITED WARRANTY COVENANTS

Section 3.1 Special Warranty

The Grantor covenants with the Grantee that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances except as noted below, and that Grantor WILL WARRANT AND DEFEND the title against the lawful claims of all persons claiming by, through, or under the Grantor, but not otherwise.

Section 3.2 Limitation of Warranty

NOTICE: This is a SPECIAL WARRANTY DEED. The warranties contained herein are LIMITED to claims arising during Grantor's period of ownership. This deed does NOT provide:

• A warranty against claims arising before Grantor's ownership
• Defense against claims of persons NOT claiming by, through, or under Grantor
• Full covenants of warranty

Section 3.3 Statutory References

This conveyance is made pursuant to:

• N.C.G.S. Chapter 39 (Conveyances)
• N.C.G.S. Chapter 47 (Probate and registration)
• N.C.G.S. § 105-228.30 (Excise tax on conveyances)
• N.C.G.S. § 161-10 (Register of Deeds fees)

ARTICLE IV: EXCEPTIONS AND RESERVATIONS

Section 4.1 Subject To

TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple.

This conveyance is made subject to:

(a) Ad valorem taxes for the current year and subsequent years;

(b) All applicable zoning ordinances, building codes, and governmental regulations;

(c) All covenants, conditions, restrictions, reservations, easements, and rights-of-way of record;

(d) All matters which would be disclosed by an accurate survey of the property;

(e) Rights of parties in possession;

(f) The following specific exceptions:

☐ None

☐ As set forth below:
_____________________________________________
_____________________________________________
_____________________________________________

ARTICLE V: EXCISE TAX

Section 5.1 North Carolina Excise Tax (N.C.G.S. § 105-228.30)

Excise Tax Rate: $1.00 per $500.00 of consideration (or fraction thereof)

Consideration: $_____________________

Excise Tax Due: $_____________________

☐ This transfer is exempt from excise tax. Exemption reason:
_____________________________________________

Section 5.2 Local Transfer Tax (if applicable)

☐ Not Applicable - Property not in county with local transfer tax

☐ Applicable - The following counties impose local transfer tax at 1% ($1.00 per $100):
Camden, Chowan, Currituck, Dare, Pasquotank, Perquimans, Washington

Local Transfer Tax Due: $_____________________

ARTICLE VI: EXECUTION

Section 6.1 Grantor's Signature

IN WITNESS WHEREOF, the Grantor has hereunto set Grantor's hand and seal, or if a corporation, has caused this instrument to be signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of its Board of Directors, the day and year first above written.

GRANTOR(S):

_____________________________________________ (SEAL)
Signature

_____________________________________________
Printed Name

_____________________________________________ (SEAL)
Signature

_____________________________________________
Printed Name

ARTICLE VII: ACKNOWLEDGMENT

Section 7.1 North Carolina Acknowledgment (Individual)

STATE OF NORTH CAROLINA
COUNTY OF _________________

I, _________________________, a Notary Public of the County and State aforesaid, certify that _________________________ personally appeared before me this day and acknowledged the due execution of the foregoing instrument.

WITNESS my hand and notarial seal, this the _____ day of _________________, 20_____.

_____________________________________________
Notary Public

_____________________________________________
Printed Name of Notary

My Commission Expires: _____________________________________________

[NOTARIAL SEAL]

Section 7.2 North Carolina Acknowledgment (Married Persons)

STATE OF NORTH CAROLINA
COUNTY OF _________________

I, _________________________, a Notary Public of the County and State aforesaid, certify that _________________________ and _________________________, husband and wife, personally appeared before me this day and acknowledged the due execution of the foregoing instrument.

WITNESS my hand and notarial seal, this the _____ day of _________________, 20_____.

_____________________________________________
Notary Public

_____________________________________________
Printed Name of Notary

My Commission Expires: _____________________________________________

[NOTARIAL SEAL]

Section 7.3 North Carolina Acknowledgment (Entity)

STATE OF NORTH CAROLINA
COUNTY OF _________________

I, _________________________, a Notary Public of the County and State aforesaid, certify that _________________________ personally came before me this day and acknowledged that he/she is _________________________ [title] of _________________________ [entity name], a _________________________ [entity type], and that by authority duly given and as the act of such entity, the foregoing instrument was signed in its name by its _________________________ [title], sealed with its corporate seal, and attested by himself/herself as its _________________________ [title].

WITNESS my hand and notarial seal, this the _____ day of _________________, 20_____.

_____________________________________________
Notary Public

_____________________________________________
Printed Name of Notary

My Commission Expires: _____________________________________________

[NOTARIAL SEAL]

Section 7.4 Out-of-State Acknowledgment

STATE OF _________________
COUNTY OF _________________

I, _________________________, a Notary Public of the County and State aforesaid, certify that _________________________ personally appeared before me this day and acknowledged the due execution of the foregoing instrument.

WITNESS my hand and notarial seal, this the _____ day of _________________, 20_____.

_____________________________________________
Notary Public

_____________________________________________
Printed Name of Notary

My Commission Expires: _____________________________________________

[NOTARIAL SEAL]

EXHIBITS

EXHIBIT A - LEGAL DESCRIPTION

Legal Description of Property:

Lying and being in _________________ Township, _________________ County, North Carolina, and being more particularly described as follows:

_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________

Parcel Identifier Number (PIN): _____________________________________________

NORTH CAROLINA RECORDING REQUIREMENTS AND INFORMATION

Recording Requirements

Recording Fees (N.C.G.S. § 161-10)

North Carolina Excise Tax (N.C.G.S. § 105-228.30)

Example: Property value of $300,000
$300,000 ÷ $500 = 600 x $1.00 = $600.00 excise tax

Local Transfer Tax (Seven Counties Only)

The following counties impose an additional local transfer tax at 1% of sale price:

• Camden County
• Chowan County
• Currituck County
• Dare County
• Pasquotank County
• Perquimans County
• Washington County

Document Format Requirements

• Paper size: 8.5" x 11" or 8.5" x 14"
• Margins: Adequate for recording stamps
• Ink: Black or blue ink
• Font: Legible
• Excise tax amount must appear on first page

Important North Carolina Requirements

1. Practice of Law: Drafting deeds is the practice of law in North Carolina (N.C.G.S. § 84-2.1). Deeds should be prepared by or under supervision of an attorney.

2. Excise Tax Statement: The excise tax amount (or "exempt" or "not taxable" if applicable) must be stated on the first page of the deed.

3. Notarization Required: Grantor's signature must be notarized for the deed to be valid and recordable.

4. Title Insurance: Grantees should consider obtaining title insurance.

5. Legal Counsel: Consultation with a licensed North Carolina attorney is recommended.

Excise Tax Exemptions

Common exemptions from excise tax include:

• Gifts without consideration
• Transfers to governmental entities
• Transfers between spouses or parent/child
• Correction deeds
• Transfers pursuant to court order

THIS INSTRUMENT PREPARED BY:

_____________________________________________
Name

_____________________________________________
Address

_____________________________________________
NC State Bar Number (if attorney)

This template is provided for informational purposes only and does not constitute legal advice. Consult with a licensed North Carolina attorney before using this form.