Special Warranty Deed

IMPORTANT LEGAL NOTICE
This Special Warranty Deed provides LIMITED warranty protection. The Grantor warrants ONLY against title defects arising during Grantor's period of ownership. Under Kansas law, special warranty deed covenants pertain only to the grantor's period of ownership. The Kansas Constitution requires both spouses to consent to transfer a homestead. Kansas does NOT impose a real estate transfer tax. Obtain title insurance for complete protection.

SPECIAL WARRANTY DEED

State of Kansas

[3" TO 3.5" TOP MARGIN REQUIRED - CHECK LOCAL COUNTY REQUIREMENTS]

RECORDING INFORMATION

After Recording Return To:

Name: ________________________________________
Address: _____________________________________
City, State, ZIP: _____________________________

Prepared By:

Name: ________________________________________
Address: _____________________________________
Kansas Bar No. (if attorney): _________________

PROPERTY INFORMATION

RECORDING FEES

Note: Kansas does NOT impose a real estate transfer tax or deed tax. The state mortgage registration tax was repealed in 2019.

PARTIES

GRANTOR (Seller/Current Owner):

Name: [GRANTOR FULL LEGAL NAME]

Mailing Address: [FULL ADDRESS]

Marital Status:
☐ A single person
☐ A married person, spouse joining (REQUIRED for homestead)
☐ A married person, conveying non-homestead property

Entity Type (if applicable):
☐ A Kansas limited liability company
☐ A Kansas corporation
☐ A [State] limited liability company authorized to do business in Kansas
☐ A [State] corporation authorized to do business in Kansas
☐ Trustee of [Trust Name]

GRANTEE (Buyer/New Owner):

Name: [GRANTEE FULL LEGAL NAME]

Mailing Address: [FULL ADDRESS]

Manner of Holding Title:
☐ As a single person
☐ As husband and wife
☐ As joint tenants with right of survivorship (and not as tenants in common)
☐ As tenants in common (____% and ____%)
☐ As a Kansas limited liability company
☐ As a Kansas corporation
☐ As Trustee of [Trust Name]

CONVEYANCE

Granting Clause

[GRANTOR NAME] ("Grantor"), of [COUNTY] County, Kansas, in consideration of the sum of [WRITTEN AMOUNT] DOLLARS ($[NUMERIC]), and other valuable consideration, receipt of which is hereby acknowledged, does by these presents GRANT, BARGAIN, SELL, AND CONVEY WITH SPECIAL WARRANTY unto [GRANTEE NAME] ("Grantee"), of [COUNTY] County, [STATE], the following described real estate in [COUNTY] County, Kansas, to-wit:

See Exhibit A attached hereto and incorporated herein by reference (the "Property")

Property Conveyed

TOGETHER with all and singular the tenements, hereditaments, and appurtenances thereunto belonging or in anywise appertaining, including:

☐ All improvements, buildings, structures, and fixtures
☐ All easements and rights-of-way appurtenant to the Property
☐ All water rights appurtenant to the Property
☐ All rights in streets, alleys, and ways adjoining the Property
☐ All mineral rights (unless excepted below)

Habendum Clause

TO HAVE AND TO HOLD the same, together with all and singular the tenements, hereditaments, and appurtenances thereunto belonging or in anywise appertaining, forever.

SPECIAL WARRANTY COVENANTS

Limited Warranty

And Grantor does hereby covenant with Grantee as follows:

1. That Grantor is lawfully seized of the Property in fee simple;
2. That Grantor has good right and lawful authority to sell and convey the same;
3. That the Property is free and clear of all encumbrances made or suffered by Grantor, except as herein stated; and
4. That Grantor will WARRANT AND FOREVER DEFEND the title to the Property against all lawful claims of all persons claiming by, through, or under Grantor, but not otherwise.

Scope of Special Warranty (KSA 58-2202)

THIS IS A SPECIAL WARRANTY DEED. Pursuant to Kansas Statutes Annotated, the covenants and warranties herein are LIMITED to claims arising by, through, or under Grantor during Grantor's period of ownership.

Grantor does NOT warrant against:

☐ Claims arising before Grantor acquired title
☐ Defects or encumbrances created by prior owners
☐ Claims by parties not claiming through Grantor
☐ Matters of public record prior to Grantor's acquisition
☐ Title defects existing before Grantor's ownership

EXCEPTIONS TO WARRANTY

This conveyance is made and accepted SUBJECT TO:

Standard Exceptions

☐ Real estate taxes and special assessments for the current year and subsequent years
☐ Building and zoning ordinances and regulations
☐ Easements, restrictions, reservations, and covenants of record
☐ Rights of parties in possession
☐ Any facts that an accurate survey would disclose

Specific Exceptions

1. [SPECIFIC EXCEPTION]
   Recorded in Book _____, Page _____ (or Document No. _____), [COUNTY] County Register of Deeds

2. [SPECIFIC EXCEPTION]
   Recorded in Book _____, Page _____ (or Document No. _____), [COUNTY] County Register of Deeds

3. [SPECIFIC EXCEPTION]
   Recorded in Book _____, Page _____ (or Document No. _____), [COUNTY] County Register of Deeds

☐ See Exhibit B for additional exceptions

GRANTOR REPRESENTATIONS

Authority

☐ Grantor has full power and authority to convey the Property
☐ If entity: Grantor is duly organized, validly existing, and in good standing
☐ If entity: This conveyance has been duly authorized by all necessary action

Homestead Certification (Kansas Constitution)

☐ The Property is NOT the homestead of Grantor
☐ The Property IS the homestead of Grantor and both spouses are executing this deed

IMPORTANT: The Kansas Constitution requires consent from both spouses to transfer a homestead owned by a married person. Both spouses must sign this deed for a valid homestead transfer.

FIRPTA Compliance

☐ Grantor is not a "foreign person" as defined in 26 U.S.C. Section 1445
☐ Grantor is a "foreign person" and FIRPTA withholding applies

EXECUTION

IN WITNESS WHEREOF, the Grantor has executed this deed this _____ day of _________________, 20_____.

GRANTOR SIGNATURE(S)

Individual Grantor:

________________________________________
[GRANTOR NAME]

Spouse of Grantor (REQUIRED for homestead property):

________________________________________
[SPOUSE NAME]

Entity Grantor:

[ENTITY NAME]

By: ____________________________________
Name: __________________________________
Title: _________________________________

ACKNOWLEDGMENT

NOTE: Kansas requires notarization but does NOT require witnesses for deed execution.

Individual Acknowledgment (Kansas - Uniform Law on Notarial Acts, KSA 53-501)

STATE OF KANSAS          )
                         ) SS
COUNTY OF ______________ )

This instrument was acknowledged before me on the _____ day of
_________________, 20_____, by ____________________________________________.


________________________________________
Notary Public - State of Kansas
Print Name: ____________________________
My Appointment Expires: ________________

[NOTARY SEAL]

Acknowledgment by Married Persons (Homestead)

STATE OF KANSAS          )
                         ) SS
COUNTY OF ______________ )

This instrument was acknowledged before me on the _____ day of
_________________, 20_____, by ____________________________________________
and ____________________________________________, husband and wife.


________________________________________
Notary Public - State of Kansas
Print Name: ____________________________
My Appointment Expires: ________________

[NOTARY SEAL]

Entity Acknowledgment (Kansas)

STATE OF KANSAS          )
                         ) SS
COUNTY OF ______________ )

This instrument was acknowledged before me on the _____ day of
_________________, 20_____, by ____________________________________________,
as _________________________ [title] of _________________________________
[entity name], a _________________________ [type of entity], on behalf of
the entity.


________________________________________
Notary Public - State of Kansas
Print Name: ____________________________
My Appointment Expires: ________________

[NOTARY SEAL]

EXHIBIT A - LEGAL DESCRIPTION

Property Address:
[STREET ADDRESS]
[CITY], Kansas [ZIP]

Parcel Identification Number: [NUMBER]

Legal Description:

[INSERT COMPLETE LEGAL DESCRIPTION]

Example formats:

• Lot ___, Block ___, [SUBDIVISION NAME], an addition to the City of [CITY], [COUNTY] County, Kansas, according to the recorded plat thereof.

• The [DIRECTION] [FRACTION] of the [DIRECTION] [FRACTION] of Section ___, Township ___ South, Range ___ [East/West] of the 6th P.M., [COUNTY] County, Kansas.

• [METES AND BOUNDS DESCRIPTION]

County: [COUNTY], Kansas

EXHIBIT B - SPECIFIC EXCEPTIONS (If Applicable)

[List all specific encumbrances, liens, easements, and restrictions that remain after closing]

1. ________________________________________________________________

2. ________________________________________________________________

3. ________________________________________________________________

KANSAS RECORDING REQUIREMENTS

Filing Information

• Filing Office: Register of Deeds, [COUNTY] County, Kansas
• Recording Fee: $21.00 for first page + $17.00 per additional page (as of 2024)
• Transfer Tax: Kansas does NOT impose a real estate transfer tax
• Mortgage Registration Tax: Repealed in 2019

Document Requirements (KSA 58-2205, 58-2209)

☐ 3" to 3.5" top margin (check county requirements)
☐ Written instrument
☐ Signed by Grantor or authorized agent/attorney (KSA 58-2205)
☐ Acknowledged or proved and certified per Uniform Law on Notarial Acts (KSA 58-2209)
☐ Minimum 8-point font (larger preferred)
☐ Paper no larger than 8.5" x 14" (legal size); letter size preferred
☐ Both spouses must sign for homestead (Kansas Constitution)
☐ Legible and reproducible

Recording Jurisdiction

Kansas follows a "race-notice" recording system (KSA 58-2221). A later buyer who records first without knowledge of a prior unrecorded transfer may have superior claim.

Notarization Requirements (KSA 53-501 et seq.)

Documents with notary certifications that fail to comply with the Uniform Law on Notarial Acts will be returned.

Statutory References

• KSA 58-2202 - Conveyance requirements
• KSA 58-2205 - Deed must be in writing, signed
• KSA 58-2209 - Acknowledgment requirements
• KSA 58-2221 - Recording requirements; notice
• KSA 53-501 et seq. - Uniform Law on Notarial Acts
• Kansas Constitution - Homestead provisions

TITLE INSURANCE NOTICE

IMPORTANT: Because this is a Special Warranty Deed with LIMITED warranties, Grantee is STRONGLY ADVISED to obtain an owner's policy of title insurance from a licensed title insurance company. Title insurance will protect against defects from prior owners that are not covered by this deed's limited warranty.

☐ Grantee acknowledges receipt of this recommendation

END OF SPECIAL WARRANTY DEED

Kansas Statutes Annotated Chapter 58