Property Deeds Attorney in Shepherdsville Kentucky
Buying or inheriting property usually comes with its share of legal challenges. One of these challenges is sorting out your new property’s deed. Doing so can be a difficult process, so don’t face it alone, no matter what it may be. An attorney can guide you through the process, and that’s where the property deeds attorneys at The Law Offices of John Schmidt & Associates come in. From their office in Shepherdsville, Kentucky, and neighboring areas — including Louisville, Elizabethtown, Jeffersontown, Mount Washington, Radcliff — we are ready to guide you through the process.
Understanding Property Deeds in Kentucky
A property deed refers to the official document proving an individual’s real estate ownership, land, buildings, or roads. When purchasing or inheriting a property, the deed must clearly state the following elements:
The grantor. The grantor is the original owner of the property in question. The grantor is the seller or individual transferring property ownership via an inheritance. The process may occur when the grantor is either living or deceased.
The grantee. The grantee is the person who receives ownership of the property. In other words, the grantee is the buyer or inheriting party. Please remember that property deeds must clearly identify the grantor and grantee.
Description of the property. The property deed must describe the property in as much detail and accuracy as possible. This description includes detailed descriptions of the house or building, its geographical location, street address, zip code, and possibly surrounding areas or buildings.
Operative language. The property deed much use language to reflect the transfer of ownership.
Signatures. All grantors and grantees must sign the deed. A professional property deeds attorney can also act on behalf of one of the parties.
Acceptance. Ultimately, the grantee must accept the property deed. The grantee may reject the property for various reasons. This rejection may lead to amending the property deed.
Types of Property Deeds in Kentucky
Let’s look at the type of property deeds in Kentucky:
General Warranty Deed. This type of deed offers grantees the most protection as the grantor makes a series of promises (or covenants) regarding the property. In particular, these guarantees aim to protect the grantee from any prior claims on the property. This type of deed aims to give grantees, and their heirs protection stating the property is free of liens, the grantor is the outright owner, and the grantor will facilitate all documentation the grantee requires.
Special Warranty Deed. In this type of property deed, the grantor warrants that they have not done anything to create a defect. For instance, the grantor guarantees no liens or mortgages on the property.
A Quitclaim Deed. This type of deed does not offer the grantee any special protection. It is like purchasing the property “as is.” Consequently, if the property contains a defect (i.e., liens, claims, mortgages), the grantee has no legal recourse against the grantor. A quitclaim deed is used when the grantor does not know the state of the property or wants no liability.
Special Purpose Deed. This property deed type is similar to a quitclaim deed. It offers the grantee little legal protection. A special purpose deed is often connected to court proceedings. For instance, an administrator’s deed is issued with a person dies intestate (without a will). The administrator’s deed is only a means to transfer ownership to the eventual owner(s).
Transfer-on-death deed. A transfer-on-death deed allows grantors to keep the property until their death. Upon their death, the property then transfers to another party. This type of deed is highly useful as the property in question never becomes part of the grantor’s estate.
Grant deeds. A grant deed is similar to a warranty deed. It contains promises and protections between the grantor and the grantee. This deed essentially guarantees the property has no liens or defects.
The Process to Take Title in Kentucky
This process is the legal procedure to ensure the property has a clear title or is free of any other legal claim. In short, this process ensures the grantor has the right to sell the property. This process includes:
Notarizing the deed
Filing it with the country recorder’s office
Having witnesses to verify it
Please note this process is highly important as it helps settle any future disputes arising from property ownership.
Property Deed Transfers in Kentucky
Once the deed has been recorded with the county, the official deed transfer can occur. All parties sign the documentation, and the process is complete. Please note that recording fees vary from county to county.
What Is the Difference Between a Deed and a Title?
In short, a deed is a legal document showing property ownership. A title refers to the right a person has to modify the property. In other words, the title allows the owner to sell or inherit the property.