In Delaware, what is the default conveyance of a deed?

In Delaware, the default conveyance of a deed is a special warranty deed. This type of deed provides a limited warranty, meaning the grantor guarantees that they have not done anything to impair the title during their ownership, but does not extend protections against issues that may have arisen prior to their ownership. This is particularly important in real estate transactions as it provides some level of assurance to the grantee while also limiting the grantor's liability.

The special warranty deed is the most common form used because it balances the interests of both parties involved in the transaction. It protects the buyer from defects that occurred during the seller's ownership, allowing the seller to explain any conditions relating to the title that may exist prior to their acquisition.

In contrast, a general warranty deed provides broader protections, ensuring that the grantor defends the title against all claims, even those dating back before their ownership. A quitclaim deed offers no guarantees and simply transfers whatever interest the grantor has, making it the least protective option for buyers. Lastly, a bargain and sale deed generally implies that the grantor is transferring their interest, but without warranties related to the title, which further narrows the grantor's liability.

The choice of a special warranty deed as the default reflects Delaware