Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance specific to your situation.
Detailed Answer
Under Kansas law, verifying every person or entity with an interest in real property requires a systematic review of recorded documents and supporting records. Below are key categories of interests and the information or documentation you need to collect:
1. Current Fee Simple Owners
- Recorded Deed: Obtain a certified copy from the County Register of Deeds. (See K.S.A. 58-1204: Requirements for instruments)
- Grantor/Grantee Index: Confirm legal names, including aliases or former names.
- Government ID: Collect a photocopy of a state-issued driver’s license or passport.
2. Mortgages, Liens and Judgments
- Mortgage or Deed of Trust: Certified instrument from the recorder’s office.
- UCC-1 Financing Statements: For fixtures or manufactured homes. (See K.S.A. 58-1206: Acknowledgment)
- Judgment Liens: Certified copy of the judgment docketed in the county.
3. Spousal and Marital Interests
- Marriage Certificate: If property was acquired during marriage, to address homestead rights.
- Divorce Decree or Separation Agreement: To confirm termination of spousal rights or division of real property.
4. Successor Owners and Heirs
- Death Certificate: To confirm a decedent’s death.
- Probate Records: Letters Testamentary or Letters of Administration from the district court.
- Affidavits of Heirship: When no probate administration occurred, to establish heir interests.
5. Trusts and Guardianships
- Trust Instrument: Certified copy of the trust agreement. (See K.S.A. 58-3101 et seq.: Kansas Uniform Trust Code)
- Letters of Guardianship or Conservatorship: From the probate court for minor or incapacitated interest holders.
6. Corporate, Limited Liability Company and Partnership Interests
- Certificate of Good Standing: From the Kansas Secretary of State. (See K.S.A. 17-6402: Domestic LLC, Certificate of Good Standing)
- Partnership or Operating Agreement: To identify partners or members and their ownership shares.
- Corporate Resolution or Power of Attorney: Authorizing execution of deeds or conveyances.
7. Easements, Rights of Way and Restrictive Covenants
- Recorded Easement Agreement or Plat: Certified copy showing all parties granting or benefiting from the easement.
- Restrictive Covenants: Recorded declarations that may affect title or use.
Once you compile these documents, perform a thorough title search at the county recorder’s office and review any exceptions shown in a title insurance commitment. This process ensures you identify every natural person or legal entity with a present or future interest in the property.
Helpful Hints
- Start with a full-chain title search: trace back to the root of title to catch unusual conveyances.
- Use an abstractor or title company if you lack direct county access or experience.
- Verify name spellings against government IDs and statutes; Kansas courts are strict on exact matches.
- Order certified copies rather than relying on uncertified scans to avoid recorder challenges.
- Keep digital and paper files organized by category (deeds, liens, probate, corporate records).