A special warranty deed in Kansas must be in writing, executed by a person having authority to convey the property or by that person's agent, and may be acknowledged or recorded as directed (58-2205). Fiduciaries will often convey real estate by a special warranty deed in Kansas. A special warranty deed contains some of the same covenants as a statutory general warranty deed, but those covenants only pertain to the grantor's period of ownership.

A special warranty deed should be signed by the granting party, or by the grantor's agent or attorney, and may be acknowledged or proved and certified in the manner prescribed by the uniform law on notarial acts (58-2209). A special warranty deed submitted to the register of deeds for recordation must be acknowledged before a person authorized by the uniform law on notarial acts to perform such acts or, if acknowledged within Kansas, by a county clerk, register of deeds, or mayor or clerk of an incorporated city (58-2211). A special warranty deed that has been executed and acknowledged or proved in another state in conformity with the laws of such state or in conformity with the laws of Kansas will be valid as if executed in Kansas (58-2228). If a grantor dies before acknowledging the deed or if the grantor cannot otherwise be procured to make the acknowledgement, or, if having appeared, the grantor refuses to acknowledge the deed, proof of the due execution and delivery of the deed can be made by competent testimony (58-2214).

In order for a special warranty deed to impart notice, the deed must be certified and recorded at the register of deeds in the county where the property is located in the manner provided by statute. A deed will impart notice from the time of filing for record with the register of deeds (58-2222). An unrecorded special warranty deed will be valid between the parties to the deed and those who have actual notice thereof (58-2223). After recording, all subsequent purchasers and mortgagees are deemed to purchase with notice (58-2222).

(Kansas Special Warranty Deed Package includes form, guidelines, and completed example)

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