58-2203. Form of warranty deed. Any conveyance of lands, worded in substance as follows: A.B. conveys and warrants to C.D. (here describe the premises), for the sum of (here insert the consideration), the said conveyance being dated, duly signed and acknowledged by the grantor, shall be deemed and held a conveyance in fee simple to the grantee, his or her heirs and assigns, with covenants from the grantor, for himself or herself and his or her heirs and personal representatives, that the grantor is lawfully seized of the premises, has good right to convey the same and guarantees the quiet possession thereof, that the same are free from all encumbrances, and the grantor will warrant and defend the same against all lawful claims.
History: L. 1887, ch. 151, § 1; June 20; R.S. 1923, 67-203.
Law Review and Bar Journal References:
Survey of Kansas law on real and personal property (1965-1969), 18 K.L.R. 427 (1970).
Survey of property law, Mark Corder and William J. Paprota, 15 W.L.J. 387, 393 (1976).
"Survey of Kansas Law: Real and Personal Property," Deanell R. Tacha, 27 K.L.R. 283, 284 (1979).
"Title and Related Considerations in Conveying Kansas Water Rights," John C. Peck, 66 J.K.B.A. No. 9, 38 (1997).
CASE ANNOTATIONS
1. Grantee accepted quitclaim deed supposing it was warranty deed; effect. Peck v. Ayres, 79 Kan. 457, 461, 100 P. 283.
2. Purchaser by quitclaim deed; rights superior to unrecorded warranty deed. Tucker v. Gibson, 80 Kan. 90, 101 P. 633.
3. Entire estate passes unless intent to pass lesser estate expressly appears. Hale v. Ziegler, 180 Kan. 249, 258, 303 P.2d 190.
4. Words "bargains, sells and transfers absolutely" sufficient to convey title. Hinchliffe v. Fischer, 198 Kan. 365, 367, 424 P.2d 581.
5. Delivery and acceptance of warranty deed negates warranties not expressed therein or implied by law. Griffith v. Byers Construction Co., 212 Kan. 65, 68, 69, 510 P.2d 198.
6. Applied in determining property assigned by "Mother Hubbard" clause in conveyance valid as between parties; ineffective as to subsequent purchasers without knowledge. Luthi v. Evans, 223 Kan. 622, 626, 629, 576 P.2d 1064.
7. There can be no breach of covenant of title in warranty deed unless third party's claim is superior to title or possessory rights of grantee. Lewis v. Jetz Service Co., Inc., 27 Kan. App. 2d 937, 9 P.3d 1268 (2000).
8. After closing on sale of real estate, closing agent absconded with funds provided by buyer; held, giving of warranty deed by sellers requires compensation to satisfy mortgages on property. Kitchen v. Schmedeman, 31 Kan. App. 2d 694, 71 P.3d 486 (2003).
9. Land conveyed to railroad in 1883 reverts to original grantor when railroad use is abandoned—even though conveyance was by warranty deed with no provision for reversion. Stone v. U.S.D. No. 222, 31 Kan. App. 2d 1063, 77 P.3d 509 (2003).
10. Lack of grantees' signatures on warranty deed did not void the restrictive covenant, acceptance presumed absent contrary evidence. Jeremiah 29:11, Inc. v. Seifert, 36 Kan. App. 2d 19, 24, 27, 136 P.3d 957 (2006).
11. Restrictive covenant in deed not signed by grantee held not to apply to subsequent purchaser. Jeremiah 29:11, Inc. v. Seifert, 284 Kan. 468, 471, 473, 161 P.3d 750 (2007).
12. Principles, presumptions and burdens of proof relating to delivery of deeds stated and applied. Johannes v. Idol, 39 Kan. App. 2d 595, 603, 181 P.3d 574 (2008).
|
|