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Kansas Grant Deed Form |
A grant deed is sufficient to transfer real property in Kansas from one living person to another. It may contain the following covenants from the grantor: (1) that the grantor is in lawful possession of the property being transferred and the property has not been transferred to anyone other than the grantee; and (2) that the property is not under any liens or restrictions that have not already been disclosed to the buyer. These warranties are restricted to the grantor’s period of ownership. A conveyance of land or of any estate or interest therein can be made by grant deed, executed by someone having authority to convey the property, or by that person’s agent or attorney, and may be acknowledged and recorded as directed by Kansas statutes (58-2205).
All deeds, including grant deeds, should be signed by the granting party, or by the grantor’s lawful agent or attorney, and should be acknowledged or proved and certified in the manner prescribed by the uniform law on notarial acts and KSA 58-2216 (58-2209). Grant deeds should be acknowledged before a person authorized by the uniform law on notarial acts to perform notarial acts, or, if acknowledged in Kansas, by a county clerk, register of deeds, or mayor or clerk of an incorporated city (58-2211). If a grantor dies before acknowledging the deed or if for any other reason the grantor cannot be procured in order to make the acknowledgement or, if the grantor refuses to acknowledge the grant deed, the proof of the execution and delivery of the deed can be made by any competent testimony (58-2214). A certificate or proof of acknowledgement can be given under seal or otherwise, according to the method by which the courts or officers granting the same usually authenticate their notarial acts (58-2217).
A grant deed, when certified and recorded in the manner prescribed by statute, will impart notice to all persons of the content thereof from the time it is filed with the register of deeds for recording, and all subsequent purchasers and mortgagees will be deemed to purchase with notice (58-2222). No instrument in writing, including grant deeds, will be valid, except between the parties to it, and those who have actual notice, until the deed is deposited with the register of deeds for recording (58-2223). |
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