Updated April 10, 2024
A Kentucky special warranty deed is a legal document utilized to convey property from a seller to a buyer in Kentucky. A special warranty allows for a limited warranty as to the cleanness of the title. That is to say, the seller warrants that the seller has not granted any other interest in the real estate to anyone else while he or she held the property, but the seller does not guarantee any claims that arise from transfers prior to his or her ownership. In order to ensure that the buyer is buying what he or she thinks he is buying, a thorough property search should be completed.
Laws – Title XXXII, Chapter 382. Conveyances and Encumbrances
Consideration Certificate – Must be attached to the Deed.[1]
Statutory Form – Special warranty deeds must contain the language found in KRS 382.040.
Recording – The deed may be recorded at the County Clerk’s Office located within the jurisdiction of the property.
Signing – Required to be signed in the presence of Two (2) Witnesses or a Notary Public.[2]
How to Write
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I. Effective Date Of Kentucky Conveyance
(1) Date Of Real Property Transfer. The real property that is being transferred in ownership from one Party to another will need to occur as of a specific date. Introduce this paperwork with the date when the transfer of ownership of the Kentucky real property takes place by displaying it in the spaces provided.
II. Current Kentucky Property Owner
(2) Name Of Kentucky Property Owner/Seller. Identify the Seller of the Kentucky property. He or she will permanently grant the ownership he or she holds over a specific real property to a Buyer through this document. Be advised that every Kentucky Grantor releasing property ownership by signing this document can only do so if he or she is first identified by name in the first paragraph’s statement.
(3) Property Owner/Seller Address. Utilize the four spaces following the Kentucky Grantor (Seller) name reported to furnish the street address of his or her residence or home, the County of this street address, the appropriate City, then the State where he or she resides. Each Kentucky Grantor (Property Seller) releasing the concerned real estate by signing this form must have his or her address presented alongside his or her name.
III. Determined Property Grantee
(4) Kentucky Property Buyer Name. The Purchaser of Kentucky real property will only be able to take over its ownership if he or she is identified as the Kentucky Grantee. Deliver the full name of every Party who intends to accept the property ownership this document effects. Any Party not named as the Kentucky Grantee in this document will not have the right to assume ownership through this instrument.
(5) Address Of Kentucky Grantee. Furnish the street address, County, City, and State of the Kentucky Grantee’s home address as requested by the areas on display in this statement.
IV. Submitted Kentucky Property Payment
(6) Cost Of Kentucky Real Property. Provide a record of the received dollar amount the Kentucky Grantee paid to the Grantor in exchange for the real property involved. This requires a written report of the dollar amount as well as a numerical entry be provided before and within the parentheses as requested.
V. Kentucky Property
(7) Kentucky Property County. Dispense the official name of the Kentucky County where the concerned real property is geographically found.
(8) Legal Description Of Kentucky Property. The legal description of the Kentucky property is mandatory. Supply this description precisely as it appears on the current deed and recorded with the State of Kentucky.
VI. Previous Grantor Of Kentucky Property
(9) Name Of Previous Grantor. This document will not make a guarantee as to the condition of the property or any events that may affect the property before the ownership of its Current Seller or Grantor. However, it does require the full name of the Previous Grantor. This is the Party who released the property to the Current Kentucky Property Grantor/Seller.
VII. Conveyance History
(10) Date Of Previous Conveyance. The calendar date of the most recent transfer of ownership over the Kentucky property must also be presented.
(11) Current Record On The Books. Identify the book and page where the previous deed was filed at the Kentucky County Recorder’s Office as well as the name of the County where the previous conveyance of this property was made and filed.
VIII. Kentucky Grantor Signature
(12) Signature Of Current Kentucky Grantor. Every Kentucky Grantor or Seller of real estate described above must prove his or her intent to release ownership to the Kentucky Grantee(s) by signing this conveyance issue.
(13) Printed Kentucky Grantor Information. The Kentucky Grantor who has signed this document must also dispense his or her name in print then furnish his or her home address. This function should be carried out immediately after signing for each Kentucky Grantor even if they share a residence.
IX. Witness Signatures
(14) Kentucky Witness Requirement. Every Witness must sign his or her name then print it. Additionally, both Witnesses will be expected to produce his or her home address to the spaces requesting this information.
X. Kentucky Notarization Requirement
(15) Notarization Of Current Grantor Signing. The State of Kentucky mandates that the signing of this document is observed by a qualified Notary Public who will then display the process in the section following the signature area to add authenticity to this issue’s execution.
XI. Kentucky Preparer Of Issue
(16) Identify Provider Of Information. The full name and mailing address of the Party held responsible for furnishing the information above to this form should be presented in the final area.
