AFTER RECORDING RETURN TO:
[RETURN NAME & FIRM]
[STREET ADDRESS]
[CITY, STATE ZIP]
PROPERTY TAX MAILING ADDRESS (KRS 382.135):
[GRANTEE NAME]
[STREET ADDRESS]
[CITY, STATE ZIP]
PREPARATION STATEMENT (KRS 382.335):
This instrument was prepared by: [DRAFTER NAME, Esq.],
[LAW FIRM NAME], [STREET ADDRESS], [CITY, STATE ZIP].
REAL ESTATE TRANSFER TAX CERTIFICATION (KRS 142.050):
“Real estate transfer tax of $[TRANSFER_TAX_AMOUNT] is due and payable.
Tax computed on the consideration of $[CONSIDERATION_AMOUNT_NUMERIC].”
[// GUIDANCE: If an exemption applies under KRS 142.050(7), replace this paragraph with the statutory exemption language and cite the specific subdivision.]
TABLE OF CONTENTS
- Definitions
- Granting Clause
- Warranty Covenants & Indemnification
- Risk Allocation
- Miscellaneous Provisions
- Execution & Acknowledgment
- Exhibit A – Legal Description
1. DEFINITIONS
For purposes of this General Warranty Deed (this “Deed”), the following capitalized terms have the meanings set forth below:
1.1 “Grantor” means [GRANTOR LEGAL NAME], whose mailing address is [GRANTOR ADDRESS].
1.2 “Grantee” means [GRANTEE LEGAL NAME], whose mailing address is [GRANTEE ADDRESS].
1.3 “Property” means the real property located in [PROPERTY COUNTY] County, Kentucky, more particularly described in Exhibit A attached hereto and incorporated herein by reference, together with all appurtenant rights, easements, hereditaments, and improvements.
1.4 “Consideration” means the sum of $[CONSIDERATION_AMOUNT_NUMERIC] ([CONSIDERATION_AMOUNT_IN_WORDS] Dollars) paid by Grantee to Grantor, receipt and sufficiency of which are hereby acknowledged.
1.5 “Effective Date” means [MONTH] [DAY], [YEAR], being the date of delivery to the County Clerk for recording.
1.6 “Recording Office” means the Office of the [PROPERTY COUNTY] County Clerk, Commonwealth of Kentucky.
[// GUIDANCE: Keep all defined terms capitalized and consistent throughout the document.]
2. GRANTING CLAUSE
FOR AND IN CONSIDERATION of the Consideration and the covenants herein contained, Grantor hereby conveys, grants, bargains, sells, and warrants unto Grantee, in fee simple, the Property, TO HAVE AND TO HOLD the same, together with all the tenements, hereditaments, easements, rights, privileges, and appurtenances thereunto belonging or in anywise appertaining, unto Grantee and Grantee’s heirs, successors, and assigns forever.
3. WARRANTY COVENANTS & INDEMNIFICATION
3.1 Full Warranty. Grantor warrants that Grantor is lawfully seized of the Property in fee simple, has good right and lawful authority to convey the same, and will defend the title to the Property against all lawful claims whatsoever.
3.2 Specific Covenants. Grantor expressly covenants with Grantee as follows:
(a) Seisin;
(b) Right to Convey;
(c) Freedom from Encumbrances (except those matters of record as of the Effective Date and expressly assumed by Grantee);
(d) Quiet Enjoyment;
(e) Further Assurances.
3.3 Indemnification. Grantor shall indemnify, defend, and hold harmless Grantee from and against any loss, cost, or expense (including reasonable attorneys’ fees) arising from a breach of the foregoing covenants, provided that Grantor’s aggregate liability under this Deed shall not exceed the Consideration actually paid.
[// GUIDANCE: Section 3.3 tracks the “warranty_covenants” indemnity requirement and ties liability to the amount paid (see Section 4.1).]
4. RISK ALLOCATION
4.1 Liability Cap. Notwithstanding anything to the contrary herein, the maximum aggregate liability of Grantor to Grantee for any claim arising under or in connection with this Deed shall not exceed the Consideration.
4.2 Injunctive Relief. Nothing herein shall restrict Grantee’s right to seek injunctive or equitable relief, including but not limited to a quiet-title action, in any court of competent jurisdiction to protect Grantee’s interest in the Property.
4.3 Survival. The covenants and indemnities in Section 3 survive delivery of this Deed and run with the land.
5. MISCELLANEOUS PROVISIONS
5.1 Governing Law. This Deed shall be governed by, and construed in accordance with, the laws of the Commonwealth of Kentucky, without regard to conflicts-of-law principles.
5.2 Forum Selection. The parties submit to the exclusive jurisdiction of the state courts located in the county where the Property is situated.
5.3 No Arbitration; No Jury Waiver. The parties expressly waive any requirement for arbitration and do not waive the right to trial by jury.
5.4 Severability. If any provision of this Deed is determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
5.5 Further Assurances. Grantor agrees, at Grantee’s reasonable request and cost, to execute and deliver such additional instruments as may be reasonably necessary to perfect or confirm Grantee’s title to the Property.
5.6 Entire Agreement. This Deed constitutes the entire agreement between the parties with respect to the conveyance of the Property and supersedes all prior oral or written agreements relating thereto.
6. EXECUTION & ACKNOWLEDGMENT
IN WITNESS WHEREOF, Grantor has executed this Deed as of the Effective Date.
GRANTOR:
[GRANTOR LEGAL NAME]
By: _____
Name: ____
Title/Capacity: ___
[Optional corporate authority language if Grantor is an entity.]
STATE OF ____ )
) SS:
COUNTY OF ________ )
On this _ day of _, 20__, before me, the undersigned notary public in and for said State and County, personally appeared [GRANTOR NAME], known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that (he/she/they) executed the same for the purposes therein contained.
Witness my hand and official seal.
Notary Public
My commission expires: ______
7. EXHIBIT A – LEGAL DESCRIPTION
[Attach or insert the full legal description here.]
CITATION REFERENCES
• Ky. Rev. Stat. Ann. § 382.135 (property-tax mailing address requirement).
• Ky. Rev. Stat. Ann. § 382.335 (preparation statement requirement).
• Ky. Rev. Stat. Ann. § 142.050 (real estate transfer tax).
[// GUIDANCE: Verify the legal description and county information before recording. Confirm current recording fees with the County Clerk. Deliver the original executed deed and requisite transfer tax payment to the Recording Office for indexing and filing.]