Special Warranty Deed

SPECIAL WARRANTY DEED

State of North Dakota

Recording Requested By:
_____________________________________________

When Recorded Return To:
_____________________________________________
_____________________________________________
_____________________________________________

Property Address:
_____________________________________________

SPACE ABOVE THIS LINE FOR RECORDER'S USE (Minimum 3 inches required per NDCC 11-18-05.1)

DOCUMENT INFORMATION

STATEMENT OF FULL CONSIDERATION (Required per NDCC 11-18-02.2)

☐ I certify that the full consideration paid for the property described in this deed is $________________.

☐ I certify that the transaction is exempt from the statement of consideration requirement under NDCC 11-18-02.2(6) because:
☐ Property owned or used by public utilities
☐ Property classified as personal property
☐ Sale where grantor and grantee are of the same family or corporate affiliate
☐ Sale resulting from settlement of an estate
☐ Forced sale, mortgage foreclosure, or tax sale
☐ Sale to or from religious, charitable, or nonprofit organizations
☐ Other: _____________________________________________

SPECIAL WARRANTY DEED

KNOW ALL PERSONS BY THESE PRESENTS:

This Special Warranty Deed is made and entered into this _____ day of _________________, 20_____.

ARTICLE I: PARTIES

Section 1.1 Grantor(s)

Name(s): _____________________________________________

Mailing Address:
_____________________________________________
_____________________________________________

Marital Status:
☐ A single person
☐ A married person dealing with his/her sole and separate property
☐ Husband and wife
☐ An unmarried person
☐ A _________________ [entity type], a _________________ [state] _________________ [entity form]

Section 1.2 Grantee(s) (Post Office Address Required per NDCC 47-19-05 & 47-10-07)

Name(s): _____________________________________________

Post Office Mailing Address (Required):
_____________________________________________
_____________________________________________

Vesting:
☐ A single person
☐ A married person dealing with his/her sole and separate property
☐ Husband and wife, as joint tenants with right of survivorship
☐ Husband and wife, as tenants in common
☐ An unmarried person
☐ As joint tenants with right of survivorship, and not as tenants in common
☐ As tenants in common
☐ A _________________ [entity type], a _________________ [state] _________________ [entity form]

ARTICLE II: CONVEYANCE

Section 2.1 Granting Clause

For the consideration of $_____________________ (____________________ Dollars) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor hereby GRANTS to Grantee, and Grantee's heirs and assigns forever, all the real property, together with any improvements thereon, situated in the County of _________________, State of North Dakota, described as follows:

Section 2.2 Legal Description

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

also known by street and number as: _____________________________________________

Parcel ID Number: _____________________________________________

ARTICLE III: LIMITED WARRANTY COVENANTS

Section 3.1 Special Warranty

Pursuant to NDCC 47-10-19, Grantor hereby GRANTS this property with LIMITED WARRANTY, warranting and defending the title against all persons claiming by, through, or under the Grantor, but against none other.

Section 3.2 Implied Covenants Under NDCC 47-10-19

From the use of the word "grant" in this deed, the following covenants are implied:

(a) That previous to the execution of this conveyance, the Grantor has not conveyed the same estate or any right, title, or interest therein to any person other than the Grantee;

(b) That the estate is, at the time of execution of this conveyance, free from encumbrances done, made, or suffered by the Grantor or any person claiming under the Grantor.

Section 3.3 Special Warranty Covenant

Grantor covenants to defend the title against only the claims and demands of the Grantor and those claiming by, through, or under the Grantor.

Section 3.4 Limitation of Warranty

NOTICE: This is a SPECIAL WARRANTY DEED. The warranties contained herein are LIMITED to the period during which the Grantor owned the property. This deed does NOT contain full warranty covenants. The Grantor does NOT warrant against defects, liens, encumbrances, or claims arising prior to Grantor's ownership of the property.

Section 3.5 Statutory References

This conveyance is made pursuant to and in accordance with:

• NDCC 47-10-19 (Implied covenants from word "grant")
• NDCC 47-19-03 (Signature and acknowledgment requirements)
• NDCC 47-19-05 (Grantee address requirement)
• NDCC 47-10-05 (Proof by subscribing witness)
• NDCC 11-18-02.2 (Statement of consideration)
• NDCC 11-18-05.1 (Document format requirements)

ARTICLE IV: EXCEPTIONS AND RESERVATIONS

Section 4.1 Subject To

This conveyance is made subject to:

(a) General taxes and assessments for the year 20_____ and subsequent years, not yet due and payable;

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

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

(d) All matters disclosed by an accurate survey and physical inspection of the property;

(e) Rights of parties in possession;

(f) The following specific exceptions:

☐ None

☐ As set forth below:
_____________________________________________
_____________________________________________
_____________________________________________

ARTICLE V: ADDITIONAL PROVISIONS

Section 5.1 Tax Clearance

☐ All taxes have been paid and the County Auditor has approved this transfer for recording.

Section 5.2 Homestead Disclaimer (if applicable)

☐ The property described herein is NOT the homestead of Grantor.
☐ The property described herein IS the homestead of Grantor, and this conveyance is executed by both spouses.

ARTICLE VI: EXECUTION

Section 6.1 Grantor's Signature

IN WITNESS WHEREOF, the Grantor(s) have executed this Special Warranty Deed on the date first written above.

GRANTOR(S):

_____________________________________________
Signature

_____________________________________________
Printed Name

Date: _____________________________________________

_____________________________________________
Signature

_____________________________________________
Printed Name

Date: _____________________________________________

ARTICLE VII: ACKNOWLEDGMENT

Section 7.1 North Dakota Acknowledgment (Individual)

STATE OF NORTH DAKOTA
COUNTY OF _________________

On this _____ day of _________________, 20_____, before me, a Notary Public in and for said County and State, personally appeared _____________________________________________, known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

☐ Witness my hand and official seal.
☐ My commission expires: _____________________________________________

_____________________________________________
Notary Public, State of North Dakota

[NOTARIAL SEAL]

Section 7.2 North Dakota Acknowledgment (Entity)

STATE OF NORTH DAKOTA
COUNTY OF _________________

On this _____ day of _________________, 20_____, before me, a Notary Public in and for said County and State, personally appeared _________________________, known to me to be the _________________________ [title] of _________________________ [entity name], and acknowledged to me that said entity executed the within instrument, and that he/she executed the same as the authorized act of said entity.

☐ Witness my hand and official seal.
☐ My commission expires: _____________________________________________

_____________________________________________
Notary Public, State of North Dakota

[NOTARIAL SEAL]

Section 7.3 Out-of-State Acknowledgment

STATE OF _________________
COUNTY OF _________________

On this _____ day of _________________, 20_____, before me, a Notary Public, personally appeared:

_____________________________________________

known to me (or proved to me) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged the same.

☐ Witness my hand and official seal.
☐ My commission expires: _____________________________________________

_____________________________________________
Notary Public

[NOTARIAL SEAL]

EXHIBITS

EXHIBIT A - LEGAL DESCRIPTION

Legal Description of Property:

_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________

County of _________________, State of North Dakota

DRAFTER INFORMATION (Required per NDCC for metes and bounds descriptions dated 1-1-2000 or after)

Name of Drafter: _____________________________________________

Address of Drafter: _____________________________________________

NORTH DAKOTA RECORDING REQUIREMENTS AND INFORMATION

Recording Requirements

Recording Fees

Transfer Tax

North Dakota does not impose a state real estate transfer tax.

Document Format Requirements (NDCC 11-18-05.1)

• Top Margin: Minimum 3 inches across the top of the first page
• Side Margin: Minimum 1 inch on one side of each page (or $10.00 margin fee)
• Font Size: Minimum 10-point Calibri (or equivalent) unless government-issued form
• Legibility: Must be considered legible by the recorder
• Paper Size: 8.5" x 11" preferred

Required Accompanying Documents

1. Statement of Full Consideration - Required on face of deed
2. Tax Clearance - All taxes must be paid before Auditor transfers deed
3. Drafter Information - Name and address required for deeds with metes and bounds descriptions (dated 1-1-2000 or after)

Important Legal Notes

1. Constructive Notice: Recording provides constructive notice of the conveyance.

2. Priority: North Dakota is a race-notice state. Unrecorded instruments are void against subsequent purchasers in good faith who record first.

3. Social Security Numbers: Must be redacted from all documents submitted for recording.

4. Tax Clearance Required: All taxes must be paid before the County Auditor will approve transfer for recording.

5. Title Insurance: Grantees should consider obtaining title insurance, especially given the limited warranty nature of this deed.

6. Legal Counsel: Consultation with a licensed North Dakota attorney is recommended.

PREPARED BY:

_____________________________________________
Name

_____________________________________________
Address

_____________________________________________
Phone/Email

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