Kansas Quit Claim Deed Form
If an individual is seeking a simple, legally-binding means of transferring interest in a property to a party they have an existing relationship with, they should consider filing a Kansas Quit Claim Deed. Considering the importance of the task at hand, the steps required to execute this form are relatively straightforward. Two main steps are involved: 1) Filling out the form and 2) Recording it at the Register of Deeds. The only caveat is that a certain level of trust is required between the two (2) parties involved (the Grantor and Grantee) due to fact that this form offers little buyer protection to the Grantee.
Laws: Kansas Statutes, Chapter 58: “Personal and Real Property,” Article 22: “Conveyances of Land”
Form of the Quit Claim Deed (§ 58-2204): State law provides a suggested structure of the Deed, of which must be worded in a substantially similar manner to the following text:
“A.B. quitclaims to C.D. (here describe the premises), for the sum of (here insert the consideration), the said conveyance being duly signed and acknowledged by the grantor, shall be deemed to be a good and sufficient conveyance in quitclaim to the grantee, his or her heirs and assigns.”
As the above text highlights, at minimum, the Deed should present:
- The purpose of the Deed i.e. for the Grantor to Quit Claim a specific property to the Grantee,
- The Grantor’s name,
- The Grantee’s name,
- A description of the property,
- The sum of the consideration, and
- The Grantor’s signature.
Additionally, § 58-2221(d) states that the full name and last known post-office address of the individual whom the property is conveyed (or their designee) is also required so that the County Clerk may mail tax statements.
Formatting considerations (§ 28-115(d)(e)(f)): The Register of Deeds requires the Deed to be presented in a particular manner, otherwise the Deed will be rejected or a fee will be imposed. The following requirements must be met:
- The name/s of the signer and the Notary Public must be plainly typed or printed under the signatures affixed to the Deed,
- Sufficient space must be left for the necessary recording information and certification on a document,
- The text in the Deed must be sufficiently legible, and
- The text should be at least 8-point in size.
Implications of the conveyance (§ 58-2202): This provision establishes that conveyances of real estate will transfer will, “pass all the estate of the grantor therein, unless the intent to pass a less estate shall expressly appear or be necessarily implied in the terms of the grant.”
Signing requirements (§ 58-2205): In accordance with Kansas state law, the Quit Claim Deed must be:
“Executed by any person having authority to convey the same, or by that person’s agent or attorney, and may be acknowledged and recorded as herein directed, without any other act or ceremony whatever.”
§ 58-2209 also states that the Deed must be subscribed by the Grantor or their lawful agent or attorney, and be “acknowledged or proved and certified in the manner prescribed by the uniform law on notarial acts and K.S.A. 58-2216 and amendments thereto.”
To put it simply, the Grantor must sign the Deed either before a) an individual bestowed with authority to take acknowledgments (such as a Notary Public) or b) witnesses who will provide the necessary proof that the form was lawfully executed as well as a party who can provide certification. Either of these acts must be performed in accordance with K.S.A. 58-2216.
How to file a Quit Claim Deed in Kansas (§ 58-2221): In Kansas, a Quit Claim Deed must be filed at the Register of Deeds office in the county jurisdiction where the property in the Deed is located. The Register will charge for their service; their fee schedule can be consulted prior to visiting.
When the time comes to file the Quit Claim Deed, the party filing it should consider the provisions § 58-2222 and § 58-2223. These provisions provide important information about Kansas’ “notice recording act.”
Basically, recording the Deed as soon as possible is vital because it serves as a notice about the validity of the Deed to any other parties in the future who wish to obtain ownership of the property. In fact, state law establishes that a conveyance will only become valid in the eyes of the law once it is duly recorded.
Consequently, if a person who purchases a property cannot see that there is in fact another conveyance concerning the same property, Kasas’ notice recording act will mean that their conveyance will be prioritized over the unrecorded conveyance.