Kansas Warranty Deed
A Kansas warranty deed guarantees clear title and defends the buyer. It is a statutory form recorded with the register of deeds. Attorney review available.
Introduction
A Kansas warranty deed is the seller's guarantee of good title, and a detailed one: its statutory form makes four promises, that the grantor holds an indefeasible fee simple, can freely convey it, passes the land free of encumbrances, and will defend the buyer against every lawful claim. Under K.S.A. 58-2203, a conveyance worded in substance 'A.B. conveys and warrants to C.D.' is deemed a conveyance in fee simple, and those two operative words, conveys and warrants, carry the grantor's covenants of title by force of the statute itself. Set that against the sister form in the same article: the Kansas quitclaim deed under K.S.A. 58-2204 uses the word quitclaims, promises nothing, and passes only whatever interest the grantor happens to hold. That contrast is the whole point of a warranty deed. When a Kansas grantor conveys and warrants, the grantor guarantees being lawfully seized of an indefeasible estate in fee simple, having good right and full power to convey, that the premises are free from all encumbrances, and that the grantor will warrant and defend the grantee's quiet and peaceable possession against all persons lawfully claiming. The statutory form is a general warranty deed, reaching even title defects that predate the grantor; a special or limited warranty deed keeps those covenants but narrows them to claims arising by, through, or under the grantor. To record, you take the signed, notarized deed to the register of deeds of the county where the land sits (K.S.A. 58-2221). DocDraft builds your Kansas deed from your facts, with attorney review available before you record.
Key Things to Know
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Kansas is a statutory-form state: K.S.A. 58-2203 spells out the warranty deed itself. A conveyance worded in substance 'A.B. conveys and warrants to C.D.' is deemed a conveyance in fee simple to the grantee and the grantee's heirs and assigns, with no separate recital of covenants needed, because the statute supplies them.
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Two words do the work: conveys and warrants. Swap them for quitclaims and you have the other statutory form in the same article, the Kansas quitclaim deed (K.S.A. 58-2204), which carries no covenants of title and passes only the interest the grantor actually holds. Reach for the warranty form when the buyer is meant to be protected.
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What the warranty promises, in the words of K.S.A. 58-2203: the grantor is lawfully seized of an indefeasible estate in fee simple, has good right and full power to convey, the premises are free from all encumbrances, and the grantor will warrant and defend the quiet and peaceable possession against all persons lawfully claiming. That is the strongest title protection a Kansas deed offers, the opposite of a quitclaim's silence.
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General or special? The 58-2203 form is a general warranty deed, so its covenants reach even defects that arose before the grantor owned the land. A special or limited warranty deed keeps the same covenants but confines them to claims arising by, through, or under the grantor, and you create it by expressly limiting the warranty language.
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Recording happens at the register of deeds of the county where the property sits (K.S.A. 58-2221). Kansas is a notice state: under K.S.A. 58-2223 an unrecorded deed binds only the parties and anyone with actual notice, so recording promptly is what shields you from a later good-faith buyer.
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Notarize, do not witness. The grantor's signature has to be acknowledged before a notary before the register of deeds will record the deed (K.S.A. 58-2205; K.S.A. 58-2221), yet Kansas asks for no subscribing witnesses; the acknowledgment is the only attestation formality.
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No transfer tax rides on a Kansas deed, whether real estate transfer, deed, or documentary-stamp. Most recorded transfers instead need a Real Estate Sales Validation Questionnaire (SVQ) attached (K.S.A. 79-1437c), with gifts, security-for-debt transfers, divorce settlements, and correction deeds among the exemptions (K.S.A. 79-1437e); the register of deeds still charges recording fees. And a homestead cannot be conveyed without the joint consent of husband and wife (Kansas Constitution Article 15, Section 9).
Key decisions before you file
Before you file a Warranty Deed in Kansas, a few decisions shape the document: which option to choose and what each one means. The Warranty Deed guide walks through them.
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Kansas Requirements for Warranty Deed
A warranty deed guarantees clear title and defends the buyer against claims. Kansas codifies a statutory short-form warranty deed (K.S.A. 58-2203): a deed worded in substance A.B. conveys and warrants to C.D. carries the covenants that the grantor is lawfully seized of an indefeasible estate in fee simple, has good right and full power to convey, that the premises are free from all encumbrances, and that the grantor will warrant and defend the quiet and peaceable possession against all persons lawfully claiming.
Kansas codifies two statutory short forms in the same article. The warranty form uses the operative words conveys and warrants (K.S.A. 58-2203) and carries covenants of title. The quitclaim form uses quitclaims (K.S.A. 58-2204) and carries no covenants, passing only whatever interest the grantor holds. Kansas does not use a grant deed. Choose the warranty form when the buyer is to be protected.
Record the signed, notarized deed with the register of deeds of the county in which the real property is situated (K.S.A. 58-2221). Kansas follows a notice-type recording rule: an unrecorded instrument is valid only between the parties and those with actual notice (K.S.A. 58-2223). Record promptly to protect your interest against a later good-faith purchaser.
Before recording, the grantor signature must be acknowledged before a notary (K.S.A. 58-2205; K.S.A. 58-2221). Kansas does not require subscribing witnesses for a deed; K.S.A. 58-2205 allows a conveyance without any other act or ceremony whatever, so a proper notarial acknowledgment is the recording path.
Kansas levies no state real estate transfer, deed, or documentary-stamp tax on a warranty deed. A Real Estate Sales Validation Questionnaire (SVQ) must accompany most recorded transfers (K.S.A. 79-1437c); it captures sale-price data for valuation, not a tax. Gifts, security-for-debt transfers, divorce settlements, correction deeds, and joint-tenancy transfers are among the exemptions (K.S.A. 79-1437e). The register of deeds charges recording fees.
Identify the grantor and grantee, state the consideration (the statutory form contemplates a for the sum of recital), and include the full legal description of the property (not just the street address or parcel number). Errors in the legal description or in how the grantee takes title are a common and costly source of later title problems, so confirm both against the current vesting deed.
If the property is a homestead, both spouses must join in the deed. The Kansas Constitution (Article 15, Section 9) provides that a homestead shall not be alienated without the joint consent of husband and wife, when that relation exists, even where only one spouse holds title. The homestead is up to 160 acres of farming land or 1 acre within a town or city. Confirm homestead status before signing to avoid a defective transfer.
Choose the deed to match the protection intended. The statutory general warranty deed (K.S.A. 58-2203) warrants title against all persons lawfully claiming, including claims predating the grantor. A special or limited warranty narrows the covenants to claims arising by, through, or under the grantor, and is created by expressly limiting the warranty language. A quitclaim (K.S.A. 58-2204) gives no covenants. The reason for the transfer usually points to the right one.
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Check my Warranty DeedFrequently Asked Questions
In Kansas both deeds are statutory, sitting one after the other in Chapter 58, Article 22. The warranty form, K.S.A. 58-2203, is worded 'A.B. conveys and warrants to C.D.' and carries covenants of title; the quitclaim form, K.S.A. 58-2204, is worded 'A.B. quitclaims to C.D.' and carries none. So a warranty deed guarantees the grantor holds clear title and will defend the grantee against claims, while a quitclaim promises nothing and passes only the interest the grantor actually owns. The operative words conveys and warrants are what create the guarantee.
By the terms of K.S.A. 58-2203, a Kansas general warranty deed makes four promises: the grantor is lawfully seized of an indefeasible estate in fee simple, has good right and full power to convey, the premises are free from all encumbrances, and the grantor will warrant and defend the quiet and peaceable possession against all persons lawfully claiming. Those covenants reach even title defects that predate the grantor's ownership, and they run to the grantee's heirs and assigns. That defense obligation is what the buyer is really paying for.
The warranty deed. Kansas's codified covenant instrument is the statutory warranty deed of K.S.A. 58-2203, whose operative words are conveys and warrants, and that is the standard deed for Kansas home sales where the seller guarantees title. Kansas does not use the grant deed found in California and a handful of other states. When no title guarantee is intended, Kansas turns to its other statutory form, the quitclaim deed under K.S.A. 58-2204.
Take the signed, notarized deed to the register of deeds of the county where the property is located and record it there (K.S.A. 58-2221). The grantor's signature must first be acknowledged before a notary (K.S.A. 58-2205), and most transfers must carry a Real Estate Sales Validation Questionnaire (K.S.A. 79-1437c). Because Kansas is a notice state, an unrecorded deed binds only the parties and those with actual notice (K.S.A. 58-2223), so record without delay to keep a later good-faith buyer from taking priority.
No. Kansas does not require an attorney to draft or record a deed; you may prepare and record your own warranty or quitclaim deed. That said, a deed moves title, and an error in the legal description, the covenants, or the way the grantee takes title can be costly to unwind, so a review before recording is common. DocDraft assembles your Kansas deed from your facts, with attorney review available as an option before you record.
Notarized, yes; witnessed, no. A Kansas deed cannot be recorded until the grantor's signature is acknowledged before a notary (K.S.A. 58-2205; K.S.A. 58-2221). Kansas requires no subscribing witnesses; K.S.A. 58-2205 lets a conveyance be made without any other act or ceremony whatever, so a proper notarial acknowledgment is all the register of deeds needs to record it.
None. Kansas imposes no state real estate transfer, deed, or documentary-stamp tax on a warranty deed. What it does require is a Real Estate Sales Validation Questionnaire (SVQ) attached to most recorded transfers (K.S.A. 79-1437c), which gathers sale-price data for valuation rather than levying a tax. Gifts, transfers securing a debt, divorce settlements, correction deeds, and transfers creating a joint tenancy sit among the exemptions (K.S.A. 79-1437e). Recording fees, charged by the register of deeds, still apply.
The K.S.A. 58-2203 statutory form is a general warranty deed, warranting title against all persons lawfully claiming, including defects that arose before the grantor took ownership. A special or limited warranty deed keeps the covenants but narrows them to claims arising by, through, or under the grantor, so it leaves pre-grantor defects uncovered. Kansas codifies no separate special-warranty short form; you create one by expressly limiting the warranty language in the deed.