Cherokee County Special Warranty Deed Form (Oklahoma)
All Cherokee County specific forms and documents listed below are included in your immediate download package:
Special Warranty Deed Form
Fill in the blank form formatted to comply with all recording and content requirements.
Included Cherokee County compliant document last validated/updated 10/10/2024
Special Warranty Deed Guide
Line by line guide explaining every blank on the form.
Included Cherokee County compliant document last validated/updated 10/10/2024
Completed Example of the Special Warranty Deed Document
Example of a properly completed form for reference.
Included Cherokee County compliant document last validated/updated 10/29/2024
The following Oklahoma and Cherokee County supplemental forms are included as a courtesy with your order:
When using these Special Warranty Deed forms, the subject real estate must be physically located in Cherokee County. The executed documents should then be recorded in the following office:
Cherokee County Clerk
213 W Delaware St, Rm 200, Tahlequah, Oklahoma 74464
Hours: 8:00am to 4:30pm Monday through Friday
Phone: (918) 456-3171
Local jurisdictions located in Cherokee County include:
- Cookson
- Hulbert
- Moodys
- Park Hill
- Peggs
- Tahlequah
- Welling
How long does it take to get my forms?
Forms are available immediately after submitting payment.
How do I get my forms, are they emailed?
Immediately after you submit payment, the Cherokee County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be provided to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance. Forms are NOT emailed to you.
What does "validated/updated" mean?
This indicates the most recent date when at least one of the following occurred:
- Updated: The document was updated or changed to remain compliant.
- Validated: The document was examined by an attorney or staff, or it was successfully recorded in Cherokee County using our eRecording service.
Are these forms guaranteed to be recordable in Cherokee County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Cherokee County including margin requirements, content requirements, font and font size requirements.
Can the Special Warranty Deed forms be re-used?
Yes. You can re-use the forms for your personal use. For example, if you have more than one property in Cherokee County that you need to transfer you would only need to order our forms once for all of your properties in Cherokee County.
What are supplemental forms?
Often when a deed is recorded, additional documents are required by Oklahoma or Cherokee County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.
What type of files are the forms?
All of our Cherokee County Special Warranty Deed forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.
Do I need any special software to use these forms?
You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.
Do I have to enter all of my property information online?
No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.
Can I save the completed form, email it to someone?
Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.
Are there any recurring fees involved?
No. Nothing to cancel, no memberships, no recurring fees.
In Oklahoma, title to real property can be transferred from one party to another by executing a special warranty deed. A special warranty deed conveys an interest in real property to the named grantee with limited warranties of title.
Special warranty deeds include covenants that the grantor holds title to the property and has good right to convey it; that the property is free from encumbrances that arose during the time that the grantor held title to the property (with the exception of any noted in the deed); and that the grantor will defend the title against anyone who may lawfully claim the same by, through, or under him or her. This warranty of title is more limited than that of a full warranty deed, which states that the grantor will defend the title against all claims, in addition to all of the previously noted covenants (16 O.S. Section 19). A special warranty deed only guarantees the title against claims that arose during the time the grantor held title to the property.
A lawful special warranty deed includes the grantor's full name, mailing address, and marital status; the consideration paid for the transfer; and the grantee's full name, mailing address, marital status, and vesting. Vesting describes how the grantee holds title to the property. Generally, real property is owned in either sole ownership or in co-ownership. For Oklahoma residential property, the primary methods for holding title are tenancy in common, joint tenancy, and tenancy by entirety. A conveyance of real estate to two or more persons creates a tenancy in common, unless otherwise specified. Only spouses can declare a tenancy by entirety (60 O.S. Section 74).
As with any conveyance of realty, a special warranty deed requires a complete legal description of the parcel. The legal description must provide the information necessary for indexing as required by Section 287 and 291 of Title 19 O.S. (addition, block & lot, section, township & range, and metes & bounds if necessary for the location). Verify the type of description required with the local county clerk's office. Recite the prior deed reference to maintain a clear chain of title, and detail any restrictions associated with the property.
A special warranty deed must meet all state and local standards for recorded instruments. Sign the deed in the presence of a notary public and record at the clerk's office in the county where the property is located for a valid transfer. Contact the same office to confirm accepted forms of payment. When submitting a deed that is exempt from the Documentary Stamp Tax, cite the exemption claimed on the face of the deed. See 68 O.S. Section 3202 for a list of exemptions. For any questions regarding a transfer of property affecting Indian land, refer to the Bureau of Indian Affairs and contact a lawyer.
This article is provided for informational purposes only and is not a substitute for legal advice. Contact an attorney with questions about special warranty deeds, or for any other issues related to the transfer of real property in Oklahoma.
(Oklahoma SWD Package includes form, guidelines, and completed example)
Our Promise
The documents you receive here will meet, or exceed, the Cherokee County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
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Get your Cherokee County Special Warranty Deed form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.
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December 25th, 2020
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September 4th, 2019
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June 18th, 2022
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January 16th, 2019
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October 30th, 2023
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January 17th, 2024
Great service especially living out of state for the documents in the state I required. Easy to use, understand forms with instructions and examples.
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Cindy N.
August 2nd, 2024
Our home was in only my husband’s name and as we are getting older, it was time to add my name to the Deed to avoid potential issues in the future. Our experience with Deeds.com was wonderful. The website is user friendly, instructions written in layman’s terms, straightforward and easy to follow. Very reasonably priced. I highly recommend using Deeds.com.
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January 23rd, 2019
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