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A Minnesota limited warranty deed (also known as a “special warranty deed”) transfers land from a grantor to a grantee with the full guarantee that there are no unresolved encumbrances incurred during the grantor’s ownership. Although a limited warranty deed ensures that the grantor has the right to sell the property, and conveys it without any known liens or easements, the grantor does not guarantee the lack of third-party claims from previous owners. Therefore, it is recommended that the grantee look up the property title with the county recorder prior to making any agreement.
- Statute: Ch. 507 (Recording and Filing Conveyances)
- Formatting: §§ 507.091, 507.092, 507.093
- Signing Requirements (§ 507.24(Subd. 2)(a)): Notary Public
- Where to Record: County Recorder
- Recording Fees (§ 357.18(Subd. 1)(1)): $46
- Forms:
- Electronic Certificate of Real Estate Value: Required if the deed property was purchased for more than $3,000.
- Well Disclosure Certificate: If there are any previously unreported wells on the property, this form must be completed and filed with the deed.
- Condition of Property (§ 513.55): Before executing a purchase agreement, the seller must complete this form and provide it to the buyer to relay any adverse conditions affecting the property.
- Methamphetamines (§ 152.0275 Subd. 2 (m)): If methamphetamine was produced on a property, interested buyers must be given this disclosure.
- Radon (§ 144.498 Subd. 3): The seller must fill out this disclosure and give it to potential buyers to warn them about the possible presence of radon and any radon testing that has been conducted on the premises.
- Sewage Treatment System (§ 115.55 Subd. 6): Prospective property buyers must be given a disclosure statement that relays how sewage is handled on the premises.
- Wetlands, Shorelands, and Flood Plain (§ 103F.111 Subd. 4, § 103F.205 Subd. 4, § 103G.005 Subd. 19 (a)): Only required if a property is in an area that contains wetlands, shorelands, or flood plains.