Non Warranty Deed Template for England and Wales

A Non Warranty Deed is a legal instrument used in England and Wales to transfer property ownership without any guarantees about the quality or validity of the title. Unlike warranty deeds that include covenants protecting the buyer, this deed type explicitly excludes such protections, transferring property "as is" with all potential title defects intact. You should understand that this deed offers minimal legal protection to the grantee while providing maximum protection to the grantor from future title claims.

When do you need this document?

You'll typically need a Non Warranty Deed when transferring property where the grantor cannot or will not guarantee clear title. This commonly occurs in inheritance situations where executors have limited knowledge of the property's history, during distressed sales or foreclosure proceedings, or when transferring property between family members where formal warranties aren't necessary. Business entities often use these deeds when disposing of property acquired through merger or acquisition, particularly when they lack complete title information. You might also encounter this deed type in tax sales, sheriff's sales, or when transferring property with known title issues that the parties prefer to address separately.

Key legal considerations

The absence of warranties means you accept significant risks as the grantee, including potential title defects, outstanding liens, easements, or competing ownership claims that may surface after transfer. You should conduct thorough due diligence, including title searches and surveys, before accepting a Non Warranty Deed. The deed must clearly state the operative words of transfer without warranties, typically using phrases like "convey and transfer" rather than "grant and warrant." Property descriptions must be precise and legally sufficient to identify the exact boundaries and extent of the transfer. Consider obtaining title insurance independently, as the deed provides no recourse against the grantor for title problems discovered later.

Legal requirements in England and Wales

Under the Law of Property Act 1925 and the Law of Property (Miscellaneous Provisions) Act 1989, your Non Warranty Deed must be executed as a deed with proper formalities. This requires the document to be in writing, clearly identify itself as a deed, be signed by the grantor in the presence of a witness who also signs, and be delivered to the grantee. If the property is registered land under the Land Registration Act 2002, you must register the transfer with HM Land Registry to complete legal ownership transfer. The deed should identify all parties clearly, include accurate property descriptions referencing title numbers where applicable, and comply with any specific requirements for the property type being transferred. Remember that while the deed transfers whatever interest the grantor possesses, it provides no guarantee about the extent or quality of that interest.