Special Warranty Deed

SPECIAL WARRANTY DEED

Commonwealth of Virginia

Prepared By:
_____________________________________________

After Recording Return To:
_____________________________________________
_____________________________________________
_____________________________________________

Tax Map Reference:
_____________________________________________

SPACE ABOVE THIS LINE FOR CLERK'S USE

DOCUMENT INFORMATION

Consideration or Value: $_____________________

SPECIAL WARRANTY DEED

THIS DEED is made this _____ day of _________________, 20_____,

ARTICLE I: PARTIES

Section 1.1 Grantor(s)

BY AND BETWEEN:

_____________________________________________
(Name)

whose address is _____________________________________________

Marital Status:
☐ An unmarried person
☐ A married person
☐ Husband and wife
☐ A _________________ [entity type], a _________________ [state] _________________ [entity form]

hereinafter referred to as "Grantor" (whether one or more)

Section 1.2 Grantee(s)

AND:

_____________________________________________
(Name)

whose address is _____________________________________________
_____________________________________________

Vesting:
☐ An unmarried person
☐ A married person, as his/her sole and separate property
☐ Husband and wife, as tenants by the entireties with right of survivorship
☐ As joint tenants with right of survivorship
☐ As tenants in common
☐ A _________________ [entity type], a _________________ [state] _________________ [entity form]

hereinafter referred to as "Grantee" (whether one or more)

ARTICLE II: CONVEYANCE

Section 2.1 Recitals

WITNESSETH: That for and in consideration of the sum of $_____________________ (____________________ Dollars), cash in hand paid, and other good and valuable consideration, receipt whereof is hereby acknowledged,

Section 2.2 Granting Clause

The Grantor does hereby GRANT AND CONVEY, WITH SPECIAL WARRANTY, unto the Grantee, the following described property:

Section 2.3 Legal Description

All that certain lot or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, lying and being in the ☐ City ☐ County of _________________, Virginia, and more particularly described as follows:

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

Property Address: _____________________________________________

Tax Map Reference: _____________________________________________

Being the same property conveyed to Grantor by deed dated _________________, recorded in the Clerk's Office of the Circuit Court of _________________, Virginia, in Deed Book _____, Page _____, or as Instrument Number _____________.

ARTICLE III: LIMITED WARRANTY COVENANTS

Section 3.1 Special Warranty (Va. Code § 55.1-355, § 55.1-356)

The words "WITH SPECIAL WARRANTY" in this deed shall be deemed to be a covenant by the Grantor "that the Grantor will warrant specially the property hereby conveyed," and shall have the same effect as if the Grantor has covenanted that Grantor and Grantor's heirs and personal representatives will forever warrant and defend such property unto the Grantee and Grantee's heirs, personal representatives, and assigns against the claims and demands of the Grantor and all persons claiming or to claim by, through, or under the Grantor, but against none other.

Section 3.2 Statutory Covenants

Pursuant to Va. Code § 55.1-355 and § 55.1-356, the special warranty contained herein includes the following implied covenants:

(a) That Grantor will warrant and defend title against all persons claiming by, through, or under Grantor; and

(b) That Grantor has done nothing to encumber the property during Grantor's period of ownership.

Section 3.3 Limitation of Warranty

NOTICE: This is a SPECIAL WARRANTY DEED. The warranties contained herein are LIMITED to claims arising from acts or omissions of the Grantor during Grantor's period of ownership. This deed does NOT warrant against:

• Defects in title existing prior to Grantor's ownership
• Liens or encumbrances created by prior owners
• Claims of persons NOT claiming by, through, or under Grantor

Section 3.4 Statutory References

This conveyance is made pursuant to:

• Va. Code § 55.1-300 (Statutory form of deed)
• Va. Code § 55.1-355 (Covenant of special warranty)
• Va. Code § 55.1-356 (Words "with special warranty" construed)
• Va. Code § 55.1-612 et seq. (Acknowledgment and recording)
• Va. Code § 58.1-801 (State recordation tax)
• Va. Code § 58.1-802 (Grantor's tax)

ARTICLE IV: EXCEPTIONS AND RESERVATIONS

Section 4.1 Subject To

This conveyance is made expressly subject to:

(a) Real estate taxes for the current year and subsequent years;

(b) All applicable zoning ordinances, land use regulations, 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;

(e) Rights of parties in possession;

(f) The following specific exceptions:

☐ None

☐ As set forth below:
_____________________________________________
_____________________________________________
_____________________________________________

ARTICLE V: RECORDATION AND TRANSFER TAXES

Section 5.1 State Recordation Tax (Va. Code § 58.1-801)

Rate: $0.25 per $100 of consideration (or value, whichever is greater)

Consideration/Value: $_____________________

State Recordation Tax: $_____________________

Section 5.2 Grantor's Tax (Va. Code § 58.1-802)

Rate: $0.50 per $500 of consideration (exclusive of liens remaining)

Consideration (net of liens assumed): $_____________________

Grantor's Tax: $_____________________

Section 5.3 Local Recordation Tax

Rate: Up to 1/3 of state recordation tax (varies by locality)

Local Recordation Tax: $_____________________

Section 5.4 Northern Virginia Regional Fee (if applicable)

☐ Not Applicable - Property not in Northern Virginia Transportation Authority jurisdiction

☐ Applicable - WMATA Capital Fee: $0.10 per $100 (for consideration $100 or more)
Regional Fee: $_____________________

Section 5.5 Tax Exemption

☐ This transfer is exempt from recordation tax and/or grantor's tax pursuant to Va. Code § 58.1-810 or § 58.1-811.

Exemption claimed: _____________________________________________

ARTICLE VI: EXECUTION

Section 6.1 Grantor's Signature

WITNESS the following signature(s):

GRANTOR(S):

_____________________________________________ (SEAL)
Signature

_____________________________________________
Printed Name

Date: _____________________________________________

_____________________________________________ (SEAL)
Signature

_____________________________________________
Printed Name

Date: _____________________________________________

ARTICLE VII: ACKNOWLEDGMENT

Section 7.1 Virginia Acknowledgment (Individual)

COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF _________________, to-wit:

The foregoing instrument was acknowledged before me this _____ day of _________________, 20_____, by _________________________.

_____________________________________________
Notary Public

My Commission Expires: _____________________________________________

Notary Registration Number: _____________________________________________

[NOTARIAL SEAL]

Section 7.2 Virginia Acknowledgment (Entity)

COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF _________________, to-wit:

The foregoing instrument was acknowledged before me this _____ day of _________________, 20_____, by _________________________, as _________________________ [title] of _________________________ [entity name], a _________________________ [entity type], on behalf of the entity.

_____________________________________________
Notary Public

My Commission Expires: _____________________________________________

Notary Registration Number: _____________________________________________

[NOTARIAL SEAL]

Section 7.3 Out-of-State Acknowledgment

STATE OF _________________
CITY/COUNTY OF _________________, to-wit:

The foregoing instrument was acknowledged before me this _____ day of _________________, 20_____, by _________________________.

_____________________________________________
Notary Public

My Commission Expires: _____________________________________________

[NOTARIAL SEAL]

EXHIBITS

EXHIBIT A - LEGAL DESCRIPTION

Legal Description of Property:

All that certain lot or parcel of land lying and being situated in the ☐ City ☐ County of _________________, Virginia, and more particularly described as follows:

_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________

Tax Map/Parcel ID: _____________________________________________

VIRGINIA RECORDING REQUIREMENTS AND INFORMATION

Recording Requirements

Recording Fees (Vary by Locality)

Virginia Transfer Taxes

Tax Rate Examples

Transfer Tax Exemptions (Va. Code § 58.1-810, § 58.1-811)

Common exemptions include:

• Deeds of gift with no consideration
• Transfers to governmental entities
• Transfers to incorporated educational, religious, or charitable organizations
• Transfers between spouses
• Transfers to trusts created by transferor
• Correction deeds

Document Format Requirements

• Paper size: 8.5" x 11" or 8.5" x 14"
• Margins: Adequate for recording
• Ink: Black ink recommended
• Consideration must be stated on first page
• Original signatures required

Important Virginia Requirements

1. Consideration Statement: The amount of consideration MUST be stated on the first page of the deed (Va. Code § 58.1-802).

2. Tax Certification: The Clerk will not record until taxes are paid and certification is affixed.

3. Who Pays: Grantor's tax is paid by the grantor (seller) unless parties agree otherwise.

4. Tenants by the Entireties: Available for married couples - provides creditor protection.

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

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

THIS INSTRUMENT PREPARED BY:

_____________________________________________
Name

_____________________________________________
Address

_____________________________________________
Phone

_____________________________________________
Virginia State Bar Number (if attorney)

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