Minnesota Partition Warranty Deed

State:
Multi-State
Control #:
US-01604
Format:
Word; 
Rich Text
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Description

This form is a Partition Warranty Deed. The purpose of the form is to divide up a tract of property into parcels to be distributed to heirs. Adapt to fit your circumstances.
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How to fill out Partition Warranty Deed?

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FAQ

A Minnesota Quitclaim Deed does not provide any of the statutory covenants of title which are provided by a Minnesota Warranty Deed. In addition, the interest conveyed by the grantor in a Minnesota Quitclaim Deed: is limited to that which the grantor held at the time of execution of the deed, and.

A duly executed warranty deed includes the following covenants on the part of the grantor: (1) that the grantor is lawfully seized of the premises in fee simple and has good right to convey the property; (2) that the premises are free from all encumbrances; (3) the right to quiet and peaceable possession thereof; and ( ...

A warranty deed must include Minnesota's essential elements for a valid, recordable deed. Among other things, warranty deeds must have the names of the grantor and grantee, the property's legal description, and the specific language and covenants that demonstrate the grantor's warranty to the grantee.

The guarantees of a general warranty deed are known as covenants. Traditionally, there are six covenants of title which can be divided into present covenants and future covenants.

If a defect in the title arises years before the grantor owned the property, then the grantor is still liable under the covenants for title. General warranty deeds guarantee to the grantee that the property is being transferred free and clear, or without any encumbrances or limitations.

*A general warrant deed contains five covenants to include Covenant of Seisin, Covenant of Quiet Enjoyment, Covenant Against Encumbrances, Covenant of Further Assurance, and Covenant of a Warranty Forever. There is no Covenant of Exceptions and Reservations included.

Partitions are addressed in Chapter 558 of Minnesota Statutes. Minn. Stat. § 558.01 says that when people own land as joint tenants or tenants in common, an action may be brought for a sale or split of the property.

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Minnesota Partition Warranty Deed