Grant Deed: What It Is, What It Promises, and How It Differs From a Warranty Deed
A grant deed transfers title with two limited promises from the seller. What California Civil Code 1113 implies and how it differs from warranty and quitclaim deeds.
Quick answer
A grant deed is a deed that transfers real property using the word "grant" and gives the buyer limited protection. The seller promises only that title was not conveyed to anyone else and that no encumbrances were created by the seller. It is weaker than a warranty deed and stronger than a quitclaim deed.
What is a grant deed?
The Legal Information Institute describes it this way: "Grant deeds (also referred to as limited warranty deeds) are a type of legal transfer document that gives limited protection to the grantee" (Legal Information Institute, grant deed). The grantee is the person receiving title. The grantor is the person giving it.
The key word is limited. A grant deed speaks only for the time the grantor owned the property. It does not say anything about what happened before the grantor took title. That is the main reason it ranks between the other two common deed types.
The name comes from the operative word in the deed. The grantor writes that they "grant" the property to the grantee. In some states, using that word is enough to create certain promises without spelling them out, which is the subject of the next section.
Definition
Grant deed — A deed that conveys real property and gives the buyer limited protection: the seller promises only that the seller has not already conveyed the property and has not burdened it with encumbrances.
What covenants does a grant deed imply under California law?
California Civil Code section 1113 says that using the word "grant" in a conveyance of a fee simple estate (full ownership) implies two promises from the grantor, "unless restrained by express terms contained in such conveyance" (California Civil Code 1113, California Legislative Information). A covenant is a legal promise written into, or implied by, a deed.
The first promise is that before signing, the grantor has not conveyed the same estate, or any right, title or interest in it, to anyone other than the grantee. In plain terms: the seller has not already sold it to someone else.
The second promise is that the estate, at the time of the conveyance, is free from encumbrances made or allowed by the grantor, or by anyone claiming under the grantor. An encumbrance is a claim against the property, such as a mortgage, lien or easement. So the seller promises they did not create one that is still there.
The statute says these are the covenants "and none other." It also provides that they may be sued upon as if they had been written into the deed. Those are the words of the statute, and this article does not go beyond them: it explains section 1113 and does not describe how California courts have applied it. For anything specific to California property, a California attorney is the right person to ask.
Grant deed vs warranty deed vs quitclaim deed: what is the difference?
The three deed types differ in one thing: how far back the seller's promises reach. A warranty deed usually promises the title is good against defects from any earlier time. A grant deed promises only about the seller's own period of ownership. A quitclaim deed makes no promise about the title at all.
The Legal Information Institute draws the same line. A grant deed does "not guarantee that encumbrances on the title did not exist prior to the ownership of the grantor," so if a claim from before the grantor's time surfaces later, the grantee "likely will be responsible for that risk, unlike warranty deeds" (Legal Information Institute, grant deed).
| Warranty deed | Grant deed | Quitclaim deed | |
|---|---|---|---|
| Promises about the seller's own period | Yes | Yes, limited to two promises | No |
| Promises about earlier owners | Yes (general warranty form) | No | No |
| Typical use | Ordinary sales | Sales where the seller limits risk | Family, divorce, trust and clean-up transfers |
| Buyer's risk from pre-seller defects | Lowest | Higher | Highest |
| Replaces title insurance? | No | No | No |
Is a grant deed the same as a limited or special warranty deed?
In function, they are close. The Legal Information Institute treats "limited warranty deed" as another name for a grant deed. Our warranty deed guide explains the general and special forms, and the special form likewise limits the promises to the seller's own time in title.
The labels are not uniform from state to state. Some states use "special warranty deed" where others say "grant deed" or "limited warranty deed." A deed's title is a clue, not a rule: the covenants actually stated in the document, plus any covenants the state implies from its wording, decide what the seller promised.
That is why reading the operative language matters more than the heading at the top of the page. A document called a grant deed can contain extra express covenants, and a document called something else can contain the same two promises.
Where is a grant deed used?
The best known home of the term is California, which is why "california grant deed" is a common search. Section 1113, above, is the statute behind it. HeritageDeed does not currently cover California counties, so this article stays with the statute and the general idea.
Outside California, the term is used less consistently. Many states default to warranty deeds in ordinary sales and reserve limited-warranty forms for sellers who want to cap their exposure, such as lenders, developers, estates and sellers who took title only recently. Whether a particular state uses the phrase "grant deed" is something to confirm in that state's own statutes or with the county recorder.
The practical point for a buyer is the same everywhere. A deed with limited promises means the buyer carries more of the risk from the property's earlier history. That risk is usually handled with a title search and, separately, owner's title insurance.
How common are the different deed types in the record?
Cook County, Illinois, publishes the deed type on each parcel sale recorded by the Assessor. For sales between 2025-08-13 and 2026-08-12, the county data show 62,543 sales: 44,359 warranty deeds, 9,001 of another type, 8,467 trustee deeds, 865 quitclaim deeds and 508 executor deeds (Cook County Assessor, Parcel Sales).
This dataset does not have a separate grant deed category, so it cannot say how many limited-warranty deeds are in the "Other" bucket. It does show that in one large county, warranty deeds dominate and quitclaims are a small share. Counts are parcel sale records, not unique deeds, and are not a measure of any one deed type's legal effect.
To see how a grant deed would sit in a longer record, look at a chain of title. Each deed type is one link, and the type tells you how much the seller promised at that link.
| Deed type in Cook County parcel sales | Records, 2025-08-13 to 2026-08-12 |
|---|---|
| Warranty | 44,359 |
| Other | 9,001 |
| Trustee | 8,467 |
| Quit claim | 865 |
| Executor | 508 |
What a grant deed does not do
How do you identify a grant deed in the record?
Find the recorded deed
Search the county recorder or clerk index by the owner's name or parcel, and open the deed that put the current owner into title. The index lists the document type, date and recording number.
Read the granting words
Look for the clause that conveys the property. Note whether it says "grant," "convey and warrant" or "remise, release and quitclaim." The words show which family of deed it is.
List any express covenants
Check whether the deed spells out promises, limits them to the grantor's own period of ownership, or reserves exceptions such as easements and prior liens.
Match the grantor to the chain
Confirm the grantor is the person who received title in the deed before it, and that the legal description is the same.
Check what was recorded after
List mortgages, releases and liens recorded against each owner. Because a grant deed speaks only for the grantor's time, the earlier owners' records matter more.
Where HeritageDeed fits
HeritageDeed reports the deeds recorded against a property at three depths: the current owner for $49, the current and previous owner for $79, and a 30-year search for $129, in the counties on the title search coverage page. A report shows the recorded deed types and parties. It is not title insurance and not legal advice.
Key takeaways
Key takeaways
- A grant deed transfers title and gives limited protection: the seller speaks only for their own period of ownership.
- California Civil Code 1113 implies two covenants from the word "grant": no earlier conveyance by the grantor, and no encumbrances created by the grantor.
- It sits between a warranty deed (broader promises) and a quitclaim deed (no promises).
- Deed names vary by state, so the wording in the deed matters more than its title.
- A grant deed is not title insurance, and the buyer carries more risk from the property's earlier history.
Frequently asked questions
- What is a grant deed in real estate?
- A grant deed is a deed that transfers real property and gives the buyer limited protection. The seller promises only about their own time owning the property: that they have not sold it to someone else and have not created encumbrances on it.
- What is the difference between a grant deed and a warranty deed?
- A general warranty deed promises the title is good against defects from any earlier time. A grant deed promises only about the grantor's own period of ownership, so the buyer takes more risk from earlier owners' claims, such as old liens.
- What is the difference between a grant deed and a quitclaim deed?
- A grant deed gives limited promises about the title. A quitclaim deed gives none: it passes whatever interest the grantor has, if any. A grant deed therefore offers the buyer more protection than a quitclaim deed.
- What does a California grant deed promise?
- Under California Civil Code 1113, the word "grant" implies two covenants unless the deed restrains them: the grantor has not conveyed the estate to anyone else, and the estate is free from encumbrances made or allowed by the grantor.
- Is a grant deed the same as a limited warranty deed?
- The Legal Information Institute lists "limited warranty deeds" as another name for grant deeds. Some states use "special warranty deed" for a similar form. Read the covenants actually written in the deed rather than relying on its label.
- Does a grant deed protect the buyer from liens?
- Only from liens and encumbrances created by the seller or those claiming under the seller. A lien from before the seller owned the property is not covered, so a title search and title insurance remain useful.
- Does a grant deed need to be recorded?
- Deeds are normally recorded with the county recorder or clerk so the public record shows the transfer. Recording rules and effects differ by state, so check the recording statute and the county office where the property is located.
Sources
Primary records and official documentation cited in this article.
HeritageDeed provides public-record search reports only. Reports do not constitute title insurance, an attorney opinion of title, or a title insurance commitment.