KANSAS OFFICE of
  REVISOR of STATUTES

  

Home >> Statutes >> Back


Click to open printable format in new window.Printable Format
 | Next

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 K. 457, 461, 100 P. 283.

2. Purchaser by quitclaim deed; rights superior to unrecorded warranty deed. Tucker v. Gibson, 80 K. 90, 101 P. 633.

3. Entire estate passes unless intent to pass lesser estate expressly appears. Hale v. Ziegler, 180 K. 249, 258, 303 P.2d 190.

4. Words "bargains, sells and transfers absolutely" sufficient to convey title. Hinchliffe v. Fischer, 198 K. 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 K. 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 K. 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 K.A.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 K.A.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 K.A.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 K.A.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 K. 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 K.A.2d 595, 603, 181 P.3d 574 (2008).


 | Next


LEGISLATIVE COORDINATING COUNCIL
11/16/2022 Meeting Notice Agenda
9/23/2022 Meeting Notice Agenda
6/16/2022 Meeting Notice Agenda
2/23/2022 Meeting Notice Agenda
1/7/2022 Meeting Notice Agenda

LCC Policies

COMMISSION ON INTERSTATE COOPERATION
6/29/2022 Meeting Notice Agenda

REVISOR OF STATUTES
2021 Interim Assignments
2022 Valid Section Numbers
Chapter 72 Statute Transfer List
Kansas School Equity & Enhancement Act
Gannon v. State
Information for Special Session 2021
General Information, Legal Analysis & Research
2022 Amended & Repealed Statutes
2021 Amended & Repealed Statutes
2020 Amended & repealed Statutes
2019 Amended & Repealed Statutes

USEFUL LINKS
Session Laws

 OTHER LEGISLATIVE SITES
Kansas Legislature
Administrative Services
Division of Post Audit
Research Department