How to Access Property Records in Kansas

What Information Can You Find in Kansas Property Records?

A Kansas property history search can reveal a lot of essential information about the property that you might be surprised to learn. Some records contain more detail than others, and there may be overlap between different types of property records.

Some of the things that a property history search may reveal include:

Deeds and Conveyance Records

Deeds are very common, and most people know what they are about. Deeds transfer ownership of a property. If you get into a situation where you must prove you own your home, you will pull out your deed. They are very valuable essential documents.

All parties must sign deeds, and a notary must witness them. Some of the information contained in deeds includes:

• Name of the Seller/Grantor and Buyer/Grantee.
• A detailed description of the property.
• Maps and plats along with boundaries and sometimes surveys showing the acreage and edges of the property.
• Conveyance language explaining the ownership transfer from one person or entity to another.
• Notarization and execution are at the bottom, where everyone signs to make it legal.

Much of the language contained in deeds refers to the warranty implied or specified and the conveyance of the land from one or more parties to another.

Property Tax Records

Everyone who owns property must pay annual property taxes. These taxes pay for schools, road maintenance, police, fire, and government officer salaries. Local county tax collectors set tax rates, and each county's rates vary based on its needs.

Kansas's average effective property tax rate is 1.33% of the property's assessed value. On average, homeowners pay around $2,445 in property taxes.

Some of the information in a tax record in Kansas includes the following:

• Assessed Value - The document will show the property's total market value as determined by a local assessor.
• Tax Rates - The document will show the tax rate of the taxing district or local area.
• Total Taxes Owed - The record should show the total taxes owed for the cycle. It may also include payment deadlines, the amount contributed thus far, and penalties for late or missed payments.
• Property Description - The document must describe the property assessed and taxed.
• Owner's Information - The document will show the name and details of the property owner and, thus, who is liable for the taxes.

Building Permits and Regulations in Kansas

If you want to add to your house or demolish an existing building, you must get a building permit first. You can do so with the county building inspector's department. You must apply and wait for the license before doing the work.

Property Liens and Encumbrances in Kansas

Liens are encumbrances that can negatively affect property. They appear in property records, and too many can lower the property's value and ruin the owner's financial reputation. There are two main types of liens: voluntary and involuntary.

Voluntary Liens

Voluntary liens are just that, voluntary. You choose to allow a lender to put a lien on the property in return for lending you money. The lien will remain on the property until the loan is paid off. If you fail to honor the loan terms, the bank can foreclose and take the home.

• Mortgage Liens - Mortgage liens are very common and not necessarily a bad thing. Anyone who takes out a mortgage or second mortgage will have a mortgage lien. Lenders impose these in return for lending money. If the borrower fails to repay the loan, they will foreclose and sell the house to get their money back.

  Mortgage documents may differ in structure, but they have similar content, such as:

  • Names of Those Involved - The document should provide the names of those involved.
  • Mortgage Terms - Each mortgage document must outline the loan terms, such as the initial borrowed amount, the interest rate, how much the borrower should pay, payment schedules, and penalties for late or missed payments.
  • Property Description - The mortgage document must identify the property under mortgage. It may be a legal or basic description.
  • Rights and Responsibilities - The document will outline the rights and obligations of those involved.

Involuntary Liens

Involuntary liens are beyond your control. They are imposed when you fail to pay a debt you owe. These most often result in foreclosure and loss of the home.

• Mechanic's Liens - Contractors, subcontractors, architects, laborers, and landscapers can impose a mechanic's lien if they perform work on your property and you refuse to pay them. The lien will stay on the property for a year. During that time, they must foreclose to get paid from the sale proceeds.
• Tax Liens - Tax liens are very serious. If you fail to pay your annual property taxes, the county will impose a lien and then eventually foreclose and sell your property at auction. The county will sell it to pay off the taxes, usually well below the fair market value.
• Judgment Liens - Creditors use judgment liens the same way contractors use mechanic's liens. If you fail to pay a debt, they can sue you in court, and if they win, they can foreclose and sell your property.

The Process of Property Liens in Kansas

The process of filing a lien in Kansas differs according to the type of lien. So, here is the basic procedure for establishing a Mechanic's lien on a property:

• The first step is preparing the lien form. Like all legal forms, individuals must fill in the correct information and provide all the necessary details. Failure to provide all the information can invalidate the document. Often, the document will require information such as the owner's name, the claimant's name and details, a description of the property, the claim amount, and a signature verifying the lien by affidavit.
• Next, the individual must file the lien form to the district court clerk at the county level by mail or in person for recording. The office charges recording fees; therefore, individuals must bring the right amount. Individuals should ensure their lien form complies with specified margin requirements.
• Next, the individual may serve a copy to the interested parties while following the required procedures. An original contractor must serve a duplicate of the lien by certified and regular mail. Those other than direct contractors must deliver the lien to the property owner and other obligated parties either in person as directed by Kansas Statutes Annotated, by restricted mail, or posted in a conspicuous place on the property.

Easements and Covenants

Easements and covenants often accompany deeds with specific instructions about using the property. Easements are rights of way allowing someone other than the property owner access. An example would be a town that created an access road that crossed private property. The town workers could use that road anytime without asking the owner. Any new owner of the property would have to respect that rule.

Covenants are rules about how the land can be used. If you buy a condo or move to a gated community, you must agree to certain covenants. An example might be prohibited paint colors on the outside of your home.

Plats and Surveys

Surveys and plats are both types of maps regarding real property. Surveys show the mapped coordinates and boundaries of a single property. Plats show the boundaries of all neighboring properties.

Below are the types of surveys recognized in Kansas:

• Boundary Survey - The surveyor determines the property's corners to verify or reset them. The survey is typically done on a vacant property.
• Tract Survey - This is similar to a boundary survey, where the surveyor locates, verifies, or resets property corners. However, it is usually done on large properties with improvements that do not require a location.
• Mortgage Title Inspections - The inspection aims to obtain mortgage title insurance, which the lender requires as a minimum service when choosing a loan.
• Topographic Survey - This is a survey of real property to determine the configuration of the ground's surface, plus the location of natural and artificial objects.

Property Descriptions and Boundaries in Kansas

Another crucial piece of information about a property is its legal description. The property description contains map coordinates and other details, making locating the parcel of land easy.

Surveys measure the land to determine the exact boundaries of a specific property. They are used in new construction homes, when installing underground utilities, and during boundary disputes.

Boundary disputes are pretty standard. They occur when one party believes that another is encroaching on their land. These sometimes end up in court, with the judge deciding where the property boundaries lie. The courts hire professional surveyors to measure the land and determine the truth.

Foreclosures

Foreclosures are listed publicly. They do not reflect well on the owners, lower the home's value, and make it harder to sell. Regular buyers won't want to mess with buying a foreclosure house.

A house in pre-foreclosure is not entirely through the foreclosure process and hasn't been auctioned off yet. It is an optimal time for an investor to offer the owners money to buy the house and help them get out of debt. Then, the investors can sell it for a profit. Pre-foreclosure homes show up in public property records.