Kansas Statutes on Deed Requirements
State laws govern the legal requirements of property conveyances. A deed is a written legal document that allows one party to transfer ownership to another party. In Kansas, the register of deeds for each county oversees the Kansas property laws governing property transactions by deed. Under Kansas law, deeds must be recorded in the county in which property is located.
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Register of Deeds
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Each county elects a register of deeds who is a county official responsible for making sure residents pay required filing fees and register documents that are legally valid under the Kansas property laws. Additionally, the register of deeds is responsible for preserving deed records pursuant to the Kansas Uniform Real Property Electronic Recording Act. The state recording requirements allow the public to have actual knowledge of the recorded deeds. According to the 2009 Kansas Statutes Annotated, Chapter 58, Section 2228, deeds properly executed in any other state are presumptively valid in Kansas.
Recording Requirements
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In addition to requiring deeds to be recorded, the Kansas Statutes requires residents to record any other accompanying legal documents used during closing or during the legal transfer of ownership. For example, if a seller authorized a power-of-attorney to sign documents and the deed on his behalf, then under the Kansas Statutes, the register of deeds must record the deed and the power-of-attorney granting the power from the seller to a third-party attorney-in-fact. The Kansas Statutes Annotated gives the county register of deeds and the tax authority to establish the filing fees for deeds, and the county register of deeds must collect those fees prior to recording them. Additionally, all deeds must be notarized by a sworn notary public.
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Kansas Real Estate Sales Validation Questionnaire
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Pursuant to the Kansas Statutes, all deeds must be recorded with a Kansas Real Estate Sales Validation Questionnaire, a form document that serves as an affidavit between grantors (those granting ownership rights to property) and grantees (those receiving ownership rights from grantors). The questionnaire is mainly used for tax purposes by the Kansas Department of Revenue.
Considerations
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Since state laws can frequently change, do not use this information as a substitute for legal advice. Seek advice through an attorney licensed to practice law in your state.
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References
- 2009 Kansas Statutes Annotated: Chapter 59 Article 35
- Shawnee County: Register of Deeds
- Kansas Office of Secretary of State: Kansas Notary Public Handbook
- Kansas Register of Deeds Association: Kansas Real Estate Sales Validation Questionnaire
- Sedgwick County, Kansas: Kansas Uniform Real Property Electronic Recording Act
- Kansas City, Kansas: County Clerk's Office
