Special Warranty Deed

SPECIAL WARRANTY DEED

State of Rhode Island

Recording Requested By:
_____________________________________________

When Recorded Return To:
_____________________________________________
_____________________________________________
_____________________________________________

Property Address:
_____________________________________________

SPACE ABOVE THIS LINE FOR RECORDER'S USE

DOCUMENT INFORMATION

SALE PRICE DISCLOSURE (Required as of April 1, 2007 per R.I.G.L. 34-11)

The total dollar amount of the actual sale is: $_______________

☐ There is no monetary consideration - "The consideration is such that no documentary stamps are required" (R.I.G.L. 44-25-1(b))

REAL ESTATE CONVEYANCE TAX CALCULATION

Consideration: $_______________

Tax Calculation (Effective October 1, 2025 rates):

☐ This transfer is EXEMPT from Real Estate Conveyance Tax per R.I.G.L. 44-25-2:
_____________________________________________

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:
_____________________________________________
_____________________________________________

Residency Status (Required):
☐ Resident of Rhode Island
☐ Non-resident of Rhode Island (withholding of 6% for individuals/7% for corporations may apply per R.I.G.L. 44-30-71.3)

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)

Name(s): _____________________________________________

Mailing Address:
_____________________________________________
_____________________________________________

Vesting (Per R.I.G.L. 34-3-1, conveyance to two or more creates tenancy in common unless otherwise specified):
☐ A single person
☐ As joint tenants with right of survivorship, and not as tenants in common
☐ As tenants in common
☐ Husband and wife, as tenants by the entirety
☐ 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, BARGAINS, SELLS, AND CONVEYS with SPECIAL WARRANTY COVENANTS to Grantee, and Grantee's heirs and assigns forever, all the real property, together with any improvements thereon, situated in the City/Town of _________________, County of _________________, State of Rhode Island, described as follows:

Section 2.2 Legal Description

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

Prior Deed Reference (for chain of title):
Being the same premises conveyed to Grantor by deed of _________________________ dated _________________, 20_____, and recorded in the Land Evidence Records of the City/Town of _________________ in Book _______, Page _______.

also known by street and number as: _____________________________________________

Assessor's Plat _______, Lot _______

ARTICLE III: LIMITED WARRANTY COVENANTS

Section 3.1 Special Warranty

Grantor hereby covenants with Grantee that:

(a) Grantor holds title to the property in fee simple;

(b) The property is free from encumbrances made or suffered by Grantor, except those noted herein;

(c) Grantor WARRANTS AND WILL FOREVER DEFEND the property against the lawful claims and demands of all persons claiming by, through, or under the Grantor, but against none other.

Section 3.2 Distinction from Warranty Deed

Unlike a warranty deed under R.I.G.L. 34-11-15, which conveys real property in fee simple with the most assurance of title, this Special Warranty Deed only guarantees the title against claims that arose during the time the Grantor held title to the property.

Section 3.3 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 3.4 Statutory References

This conveyance is made pursuant to and in accordance with:

• R.I.G.L. 34-11-12 (Statutory deed forms)
• R.I.G.L. 34-11-15 (Warranty deeds)
• R.I.G.L. 34-3-1 (Co-ownership presumptions)
• R.I.G.L. 34-13.1-1 (Marketable Title Act - 40 years)
• R.I.G.L. 44-25-1 (Real Estate Conveyance Tax)
• R.I.G.L. 44-25-2 (Tax exemptions)
• R.I.G.L. 44-30-71.3 (Nonresident withholding)

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 Nonresident Withholding (R.I.G.L. 44-30-71.3)

If Grantor is a non-resident of Rhode Island:

☐ Grantor is a Rhode Island resident - no withholding required
☐ Grantor is a non-resident individual - 6% withholding applies
☐ Grantor is a non-resident corporation - 7% withholding applies
☐ Residency Affidavit is attached

NOTICE: When there is a sale of real estate by a non-resident, the State of Rhode Island imposes a withholding tax. The law imposes an automatic lien on the property which impacts the title for the buyer.

Section 5.2 Real Estate Conveyance Tax Return

☐ Form CVYT-1 (Real Estate Conveyance Tax Return) is completed and attached for filing with the Rhode Island Division of Taxation.

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 (Spouse, if applicable)

_____________________________________________
Printed Name

Date: _____________________________________________

ARTICLE VII: ACKNOWLEDGMENT

Section 7.1 Rhode Island Acknowledgment (Individual)

STATE OF RHODE ISLAND
COUNTY OF _________________

In _________________ [city/town], on this _____ day of _________________, 20_____, before me personally appeared _____________________________________________, to me known and known by me to be a party/the parties executing the foregoing instrument, and he/she/they acknowledged the said instrument by him/her/them executed to be his/her/their free act and deed.

_____________________________________________
Notary Public, State of Rhode Island

My Commission Expires: _____________________________________________

[NOTARIAL SEAL]

Section 7.2 Rhode Island Acknowledgment (Entity)

STATE OF RHODE ISLAND
COUNTY OF _________________

In _________________ [city/town], on this _____ day of _________________, 20_____, before me personally appeared _________________________, to me known, who being by me duly sworn, deposes and says that he/she resides at _________________________; that he/she is the _________________________ [title] of _________________________ [entity name], the entity described in and which executed the foregoing instrument; and that he/she signed his/her name thereto by authority of the governing body of said entity.

_____________________________________________
Notary Public, State of Rhode Island

My Commission Expires: _____________________________________________

[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:

_____________________________________________

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

_____________________________________________
Notary Public

My Commission Expires: _____________________________________________

[NOTARIAL SEAL]

EXHIBITS

EXHIBIT A - LEGAL DESCRIPTION

Legal Description of Property:

_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________

City/Town of _________________, County of _________________, State of Rhode Island

RHODE ISLAND RECORDING REQUIREMENTS AND INFORMATION

Recording Requirements

IMPORTANT: In Rhode Island, documents are recorded by city or town, NOT by county. Record the deed at the city or town clerk's office in the municipality where the property is located.

Real Estate Conveyance Tax (R.I.G.L. 44-25-1)

Effective October 1, 2025:

Example: $500,000 residential sale = $3,750 ($3.75 x 1,000)
Example: $1,000,000 residential sale = $3,750 + $920 = $4,670

Conveyance Tax Exemptions (R.I.G.L. 44-25-2)

• Deeds to or from the United States, Rhode Island, or political subdivisions
• Transfers to Rhode Island Commerce Corporation
• Qualified sale of mobile/manufactured home community to resident-owned organization
• Other statutory exemptions

If no consideration, deed must state: "The consideration is such that no documentary stamps are required" (R.I.G.L. 44-25-1(b))

Required Tax Forms

1. Form CVYT-1 (Real Estate Conveyance Tax Return) - Required for all transfers

Nonresident Withholding (R.I.G.L. 44-30-71.3)

NOTICE: The law imposes an automatic lien on the property for nonresident sales.

Attorney Requirements

Rhode Island courts have held that examination of title for marketability and drafting of a deed constitute the practice of law and must be undertaken by a licensed attorney.

Important Legal Notes

1. Municipal Recording: Rhode Island records at the city/town level, not county level.

2. Co-Ownership: Conveyance to two or more persons creates tenancy in common unless otherwise specified (R.I.G.L. 34-3-1).

3. Marketable Title Act: Rhode Island has a 40-year Marketable Title Act (R.I.G.L. 34-13.1-1).

4. Residency Status: Grantor must indicate residency status on the deed.

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 Rhode Island 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 Rhode Island attorney before using this form.