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Kentucky Special Warranty Deed Form

A special warranty deed must meet the statutory requirements for a conveyance of real property in Kentucky.

A covenant from a grantor that he will "warrant specially the property thereby conveyed," or similar words, or the words "with special warranty" in a deed will have the same effect as if the grantor had covenanted that he, his heirs, and personal representatives would forever warrant and defend the property unto the grantee, his heirs, personal representatives, and assigns against the claims and demands of the grantor and all persons claiming by, through, or under him (382.040).

The grantor to a special warranty deed must sign the instrument and have his or her signature duly acknowledged. A deed may be admitted to record in Kentucky when it has been proved or acknowledged in one of the following ways: (A) has been acknowledged by the county clerk by the party making the deed (the grantor); (B) has been proved by two subscribing witnesses, or by one subscribing witness, who also proves the attestation of the other; (C) by a certificate of a county clerk of Kentucky, or any notary public, stating that the deed has been acknowledged before him by the party making the deed or proved before him in the manner provided by statute. Other methods of proving a deed are stated in the Kentucky Annotated Statutes (382.130). A deed executed out of state can be admitted to record when it is certified, under the seal of the office or court by a judge, clerk, or deputy clerk, or by a notary public, city mayor, secretary of state, commissioner authorized to take acknowledgments of deeds, or justice of the peace, to have been acknowledged or proved before him or her in the manner required by KRS 382.130 (KRS 382.140). In addition, special warranty deeds should contain a statement of consideration when they are submitted for recordation (382.135).

No special warranty deed conveying a legal or equitable title to real property will be lodged for record and thus, valid against a purchaser for a valuable consideration, without notice thereof, or against creditors, until the deed is acknowledged or proved according to law (382.270). All deeds, mortgages, and other instruments required by law to be recorded in order to be effectual against purchasers without notice, or creditors, should be recorded in the county clerk's office of the county where the property, or the greater part of the property, is located (382.110). All deeds and mortgages will take effect in the order that they are legally acknowledged or proved and lodged for record with the county clerk (382.280).

Deeds.com Kentucky Special Warranty Deed Forms Have Been Updated as Recently as Monday November 13, 2017