A Kansas Warranty Deed for Surface and Mineral Interests is a legal document that transfers ownership rights of both the surface and mineral interests in a property from one party to another in the state of Kansas. This deed provides a guarantee or warranty by the granter (seller) that they hold clear title to both the surface and mineral interests and have the legal authority to convey these rights to the grantee (buyer). In Kansas, there are two main types of Warranty Deeds for Surface and Mineral Interests: 1. General Warranty Deed: This type of deed offers the highest level of protection for the grantee. The granter provides warranties against any prior claims, liens, or encumbrances on the property, whether they occurred during their ownership or before. The granter is liable for any defects in title, even if the defect predates their ownership. 2. Special Warranty Deed: This deed also guarantees that the granter holds clear title to the property, but with a more limited warranty. The granter warranties against any claims, liens, or encumbrances that arose during their ownership period, but not before. Any defects in title that occurred prior to the granter's ownership are not guaranteed or protected. The Kansas Warranty Deed for Surface and Mineral Interests typically includes essential information such as: 1. Parties Involved: The names and addresses of both the granter (seller) and the grantee (buyer) involved in the transfer of ownership. 2. Property Description: A detailed legal description of the property, including boundaries, lot numbers, or any other relevant identifiers required for accurate identification. 3. Consideration: The amount of money or any other form of payment exchanged between the granter and the grantee for the property. 4. Covenants: The warranties, promises, or guarantees made by the granter, specifying the extent of protection provided to the grantee for surface and mineral interests. This section will vary depending on whether it is a General Warranty Deed or a Special Warranty Deed. 5. Signatures and Acknowledgment: The document must be signed by the granter in the presence of a notary public, who verifies the identity of the granter and ensures the deed is executed voluntarily. It is important to consult with a legal professional or a qualified real estate attorney to understand the specific requirements and implications of a Kansas Warranty Deed for Surface and Mineral Interests. This ensures a smooth transfer of ownership rights and offers proper legal protection for both parties involved in the transaction.
Kansas Warranty Deed for Surface and Mineral Interests
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Include the grantors name, the grantees name and the address of the property that the grantor is transferring. The deed must state that the grantor is quitting any interest in the property and transferring that interest to the grantee. Both parties then need to sign the deed with a notary public.
In Kansas, the landowner usually owns the subsurface rights, but sometimes these rights have been severed, or separated from the surface ownership. Severance of mineral rights occurs when the owner of both the surface and mineral rights sells or grants by deed the mineral rights underlying their property.
A Kansas warranty deed transfers real estate with warranty of title. 2. A property owner who signs a warranty deed guarantees that the property's title is valid and free of liens and other issues affecting the property's marketability or value.
Kansas is one of a few states with no transfer tax or deed tax on real estate transfers.
The current property owner with the right to transfer the property must sign a Kansas deed. A deed that transfers a co-owned property should include the signatures of both owners. A lawful agent or attorney who can act on the owner's behalf may sign a deed for the owner.
Oklahoma ? Generally follows Duhig if a ?Warranty Deed reserves a specific interest without acknowledging prior reservations, then the grantee is made whole at the grantor's expense?. However, if there is mutual mistake, then equity allows reformation of the deed.
(a) An interest in real estate may be titled in transfer-on-death, TOD, form by recording a deed signed by the record owner of such interest, designating a grantee beneficiary or beneficiaries of the interest. Such deed shall transfer ownership of such interest upon the death of the owner.
2d 878 (1940) was a Texas case. As a result, producing states have Texas to thank for the Duhig Rule. ing to Duhig, if there is a reservation of a ?specific interest? without mention of the prior reservation, and all parties can't be made whole, then the grantee is made whole at the grantor's expense.