A limited warranty deed is a legal document used to transfer, or convey, rights in real property from a grantor (seller) to a grantee (buyer). This type of deed provides significant liability protection for the grantor, and less protection for the buyer. In a limited warranty deed, the grantor only warrants against defects in the title during his or her ownership, and that he or she is authorized to sell the property. However, it does not guarantee freedom from claims on the title originating before the grantor owned the property.
A lawful limited warranty deed includes the grantor's full name and marital status, as well as the grantee's full name, marital status, mailing address, and vesting. Vesting describes how the grantee holds title to the property. For Kansas residential property, the primary methods for holding title in co-ownership are tenancy in common and joint tenancy. A grant of ownership of real estate to two or more persons is presumed to create a tenancy in common, unless otherwise stated (K.S.A. 58-501).
As with any conveyance of real estate, a limited warranty deed must meet all state and local standards for recorded documents. It also requires a complete legal description of the parcel. Include the derivation of the grantor's title to the property to prove a clear chain of title, and detail any restrictions associated with the property.
Within Kansas, a deed must be acknowledged by a county clerk, register of deeds, or mayor or clerk of an incorporated city (K.S.A. 58-2211). Any deed that has been executed and acknowledged in another state before a person authorized by the Uniform Law on Notarial Acts will still be valid (K.S.A. 58-2228). The deed must be signed by the grantor, then acknowledged and recorded as directed by K.S.A. 58-2205.
Submit the deed for recording in the county where the property is located. Include all relevant documents, affidavits, forms, and fees with the along with the deed for recording. Complete a Real Estate Sales Validation Questionnaire for the deed unless it meets one of the exemptions provided in K.S.A. 79-1437e. Contact the local recording office with questions.
This article is provided for informational purposes only and is not a substitute for legal advice. Contact a lawyer with questions about limited warranty deeds or for any other issues related to the transfer of real property in Kansas.
Deeds.com Kansas Limited Warranty Deed Forms Have Been Updated as Recently as Wednesday March 20, 2019
What others like you are saying:
Robert H. said: I have used the quit claim form and seem is very easy.
Reply from Staff: Thank you Robert, have an awesome day!
Anita A. said: No review provided.
Reply from Staff: Thank you!
Stephen D. said: Very good hope to use in the future.
Reply from Staff: Thank you for your feedback. We really appreciate it. Have a great day!
Sharon L H. said: The forms were good enough, hard to get excited about legal forms... The information was very thorough and helpful.
Reply from Staff: Thank you!
Deborah B. said: Easy download, and super easy to fill out. Had them recorded Friday with zero issues. Recommended.
Reply from Staff: We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Katie G. said: I haven't used the forms yet but it appears, with your tutelage, that they should not be too difficult to fill out and file. Your site was easy to navigate. Thank You
Reply from Staff: Thank you for the kinds words Katie. have a fantastic day!
Select County where the property is located.