Kansas Warranty Deed for Surface and Mineral Interests

State:
Multi-State
Control #:
US-OG-532
Format:
Word; 
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This is a form of a Warranty Deed that includes both Surface and Mineral Interests.
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FAQ

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.

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Kansas Warranty Deed for Surface and Mineral Interests