A limited warranty deed can be used in a conveyance of real property in this state. The grantor in a limited warranty deed in Minnesota warrants to the grantee that the grantor has not done or suffered anything to encumber the title, except as may be listed in the deed. According to the Minnesota Statutes, no covenants of title are implied in a conveyance, whether the conveyance contains special covenants or not, except for the covenants included in a warranty deed (507.16).

In a deed of real estate upon which any encumbrance exists, the grantor shall make known to the grantee the existence and nature of such encumbrance, so far as the grantor has knowledge of. This is to be done before any consideration is paid (507.20).

To entitle a limited warranty deed to be recorded with the county recorder or registrar of titles, it must be executed and acknowledged by the parties executing it. The acknowledgment must be certified, as required by law. In addition, the original signatures of the parties executing the instrument must be present on the deed, as well as the original signature of the notary public or other officer taking acknowledgments. If the warranty deed is executed out of state, it is entitled to be recorded in Minnesota if it is executed as provided by Minnesota laws or according to the laws of the place of execution (507.24). When a limited warranty deed is presented for recordation, it must be accompanied by a Certificate of Real Estate Value and, if applicable, a completed Well Disclosure Certificate.

An unrecorded limited warranty deed is void as against a subsequent purchaser in good faith and for a valuable consideration of the same real estate or part thereof, whose conveyance is first duly recorded and as against any attachment levied thereon or any judgment lawfully obtained at the suit of any party against the person in whose name the title to such land appears of record prior to the recording of such conveyance. If the first recorded conveyance pertaining to the same real estate is in the form of or contains the terms of a quitclaim deed, this does not affect the question of good faith of the subsequent purchaser or be of itself notice to the subsequent purchaser of any unrecorded conveyance of the same real estate or any part thereof (507.34). Limited warranty deeds should be recorded in the county where the property is located.

(Minnesota LWD Package includes form, guidelines, and completed example)

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