Acknowledgement Required for Deeds

The statutory requirements for acknowledgements are as follows:
Deeds executed in the state (KRS 382.130)
Deeds executed in this state may be admitted to record:
(1) On the acknowledgment, before the proper clerk, by the party making the deed;
(2) By the proof of two subscribing witnesses, or by the proof of one subscribing witness, who also proves the attestation of the other;
(3) By the proof of two witnesses that the subscribing witnesses are both dead; and also like proof of the signature of one of them and of the grantor;
(4) By like proof that both of the subscribing witnesses are out of the state, or that one is so absent and the other is dead; and also like proof of the signature of one of the witnesses and of the grantor; or
(5) On the certificate of a county clerk of this state, or any notary public, that the deed has been acknowledged before him by the party making the deed or proved before him in the manner required by subsection (2), (3) or (4).


Acknowledgement by person physically unable to sign:  
In Testimony Whereof, ______________(unable to sign) gave his Visual Approval of his acknowledgement this _____ day of                                           , 2010.
WITNESS SIGNATURE ___________________________________________
WITNESS FULL LEGAL NAME ____________________________________
WITNESS SIGNATURE ___________________________________________
WITNESS FULL LEGAL NAME ____________________________________

And followed by sworn, notarized statements from two subscribing witnesses

Subscribing Witness – OAG 77-295 specifically describes a Subscribing Witness and the requirements associated with accepting a deed “by the proof of two subscribing witnesses”

The opinion states, “    An acknowledgment is a formal declaration or admission, by the person executing the instrument, before an authorized public officer that such instrument is his act and deed.  Billington v. Dunn, 217 Ky. 164, 289 S.W. 213 (1926) 214.  It is our opinion that KRS 382.130 deals with an acknowledgment before the clerk, deputy clerk, or notary public.  But, importantly, it specifically describes other means of acknowledgment which will authorize the recording of the instrument.  Cain v. Gray, 146 Ky. 402, 142 S.W. 715 (1912).  One specific option of acknowledgment is found in subsection (2) of KRS 382.130.  Thus, the phrase "proof of two subscribing witnesses" actually refers to the grantor's or lessor's acknowledgment before two subscribing witnesses.
    It is our opinion, under the facts given, that in order for these leases to be properly recordable, the two subscribing must execute a certificate of acknowledgment before the clerk, deputy clerk, or notary public, stating as follows:

    
 
"Commonwealth of Kentucky, County of __________ I, __________, __________, [title of officer], do certify that this day came before me __________ and __________, the subscribing witnesses to the foregoing lease by __________ to __________, which witnesses are personally known by me to be the same whose names are so written as witnesses, and being duly sworn by me, did severally declare on their oaths that the said __________ [name of lessor] did acknowledge this instrument to be his act and deed, that the signature thereto was made by him, in their presence, that they know him to be the same person who is named as the lessor therein, and that they did subscribe said lease as witnesses by his request, in his presence, and in the presence of each other.  
    Given under my hand and seal of office this the ___ day of __________,
19___.
__________
[Title of Officer]"

The requirements would be the same for any documents that must be acknowledged.  Just having two witnesses sign a document is not sufficient for recording.

Black’s Law Dictionary - definition of Subscribing Witness
‘He who witnesses or attests the signature of a party to an instrument, and in testimony thereof subscribes his own name to the document.  One who sees a writing executed, or hears it acknowledged, and at the request of the party thereupon signs his name as a witness.’

Deeds executed out of state (KRS 382.140 - REPEALED January 1, 2020)
As of January 1, 2020, no seal is required on out-of-state documents, though the seal would still be required on deeds executed prior to January 1, 2020