Call 501-251-1076 for Deeds in Arkansas!

Lawyer Prepared Arkansas Warranty Deeds

In Arkansas, the warranty deed conveys all title to property from the Grantor (current owner) to the Grantee (new owner). The Arkansas warranty deed carries with it the clause that the Grantor “does hereby warrant and agree to defend title to the property conveyed.” This is the “warranty clause.” The warranty clause is what makes a warranty deed a warranty deed.

Example of an old style of deed.

Deeds used to be folded three times to fit into special storage envelopes. Now, they are on regular paper and kept flat.

What Does It Cost to Have Arkansas Deeds Prepare an Arkansas Warranty Deed?

In most cases, an Arkansas Warranty Deed costs $300 to prepare, and $15 for the first page and $5 for each additional page in recording costs. For a typical warranty deed, the total cost is $320 (a $300 lawyer fee and $20 in recording fees). Your deed will be prepared and recorded by a licensed Arkansas attorney.

What Do I Need to Provide to Have an Arkansas Attorney Prepare an Arkansas Warranty Deed?

At a minimum, you need something with the legal description of the property you wish to convey. This could be an old deed, lease, or tax card. If you are not sure of your property’s legal description, the attorney at Arkansas Deeds can advise you of how to find your property’s legal description.

What Am I Getting with a Warranty Deed in Arkansas?

If you receive a warranty deed in Arkansas, you get six covenants:

  • Seisin (pronounced See-zin) is a covenant to the Grantee that the Grantor is the rightful owner of the property.
  • Covenant against encumbrances is a promise that the property has no mortgages, liens, leases, easements, or rights of way that hurt the ability to use the property to its fullest extent.
  • Right to convey is a covenant that no third parties have any right in the property.
  • Covenant of Quiet Enjoyment is a future promise that no third parties will come forward to make a claim against the property.
  • Covenant of Warranty is a future promise that the Grantor will defend and lawsuits against the title of the property at his expense.
  • The Covenant of Further Assurances is another future promise that the Grantor will do any acts necessary to perfect the Grantee’s title. For example, the Grantor may have to sign correction deeds or give affidavits concerning the property.

What Responsibilities Am I Taking on When I Give an Arkansas Warranty Deed?

In short, when you give a warranty deed in Arkansas, you must stand behind the title to the property. If there is a lawsuit concerning the title’s property, you may be named as a Defendant or asked to file a lawsuit to remove a title defect. If you fail to defend the title, you may pay damages up to the full amount of the amount of money paid to you for the warranty deed. You should not give a warranty deed without being certain that you own the property. The lawyer at Arkansas Deeds can advise you of the possible risks in your situation.

Call 501-251-1076 to Get Started!

Responsible attorney: J. Mark Robinette Jr. Primary office in Little Rock, Arkansas.