DISCLAIMER: For informational and educational purposes only. Nothing here is legal advice, a title opinion, or a commitment to insure, and no attorney-client relationship is created. No one may rely on this content for any transaction or legal decision. Coverage is governed solely by the terms of an issued policy or commitment, and requirements vary by state and underwriter. Consult your own attorney and underwriter. Views are my own and not those of my employer.

Title in a Minute with Shawn Tidwell

State Library

Kansas

Mechanics' liens, recording formalities, future advances, subdivision rules, title premiums and recording taxes in Kansas, in plain English with statute cites. Last researched Oct 2026.

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Title in a Minute · www.titleinaminute.com/library/states/kansas · Printed reference copy.

DISCLAIMER: For informational and educational purposes only. Nothing here is legal advice, a title opinion, or a commitment to insure, and no attorney-client relationship is created. No one may rely on this content for any transaction or legal decision. Coverage is governed solely by the terms of an issued policy or commitment, and requirements vary by state and underwriter. Consult your own attorney and underwriter. Views are my own and not those of my employer.

Key quirkAll claimants relate back to the earliest unsatisfied lien on the project.

Kansas at a Glance

Topic Kansas answer Where it comes from
Contractor lien Verified statement filed with the district court clerk within 4 months after last work K.S.A. 60-1102
Sub and supplier lien Filed within 3 months; must name the contractor and be served on the owner K.S.A. 60-1103
Extension Non-residential only: a filed notice of extension adds 1 month (to 5 months) K.S.A. 60-1102(c), 60-1103(e)
Priority Liens beat encumbrances after the claimant's first furnishing; all claimants relate to the earliest unsatisfied lien K.S.A. 60-1101
Enforcement Foreclosure suit within 1 year after filing K.S.A. 60-1105
Future advances Priority from recording for all advances up to the stated maximum K.S.A. 58-2336
Deed transfer tax None found; a sales validation questionnaire must accompany deeds K.S.A. 79-1437c
Mortgage/indebtedness tax None now. The mortgage registration fee was phased down from 2015 and repealed for mortgages recorded on or after Jan. 1, 2019; per-page recording fees rose instead K.S.A. 79-3102; K.S.A. 28-115
Title premium regulation Insurers and agents must file rates and charges before use (counties of 10,000+) K.S.A. 40-952(c)

1. Mechanic's Lien Rules

Plain English

Kansas liens are filed with the clerk of the district court, not the register of deeds. A contractor that dealt with the owner files a verified lien statement within 4 months after its last work. A sub or supplier files within 3 months, must name the general contractor, and must serve or mail a copy to the owner. On non-residential jobs, either can get one extra month by filing and mailing a notice of extension within the original period. Verification is strict: a statement signed out of a notary's presence or not properly sworn can void the lien. Liens are preferred to encumbrances recorded after the claimant started furnishing at the site, and when several contractors work on the same improvement, all relate back to the earliest unsatisfied lien. Suit must be filed within 1 year after filing.

Key Rules

Contractor lien (K.S.A. 60-1101, 60-1102). 4 months; verified statement; district court clerk.

Sub and supplier lien (K.S.A. 60-1103). 3 months; name the contractor; serve or mail a copy to an owner. On residential improvements, the claimant must have mailed the statutory warning statement to an owner (K.S.A. 60-1103a). On new residential property, a lien can be claimed against a good-faith purchaser only if a notice of intent to perform was filed with the district court clerk before the deed was recorded (K.S.A. 60-1103b).

Extension (K.S.A. 60-1102(c), 60-1103(e)). Non-residential only; one month.

Priority (K.S.A. 60-1101). Relates to the earliest unsatisfied lien on the improvement.

Enforcement (K.S.A. 60-1105). One year after filing.

Practice Points

  1. Search the district court lien index in every county.
  2. Find the earliest unpaid claimant; that date sets everyone's priority.
  3. Construction loans: record before anyone furnishes anything at the site.

Citations

2. Execution and Notarization Requirements for Recording

Plain English

Kansas deeds are acknowledged and recorded with the county register of deeds. No Kansas real estate transfer tax statute was found, and the old mortgage registration fee was repealed effective Jan. 1, 2019, in favor of higher recording fees. A deed may not be recorded without a sales validation questionnaire. An unrecorded instrument is valid only between the parties and those with actual notice. Kansas notaries located in Kansas may notarize for remotely located individuals.

Key Rules

  • No transfer tax found.
  • Mortgage registration fee (K.S.A. 79-3102). Repealed by L. 2014, ch. 140, § 22, effective Jan. 1, 2019.
  • Recording act (K.S.A. 58-2222, 58-2223). A recorded instrument imparts notice from filing; an unrecorded one is valid only between the parties and those with actual notice.
  • Sales validation questionnaire (K.S.A. 79-1437c). Required for recording a deed or other transfer of title.
  • Remote notarization (K.S.A. 53-5a15). A notary located in Kansas may act for a remotely located individual using communication technology, with identity verification and an audio-visual recording.

Practice Points

  1. Don't collect a transfer tax or the repealed mortgage registration fee.
  2. Include the sales validation questionnaire with deeds.
  3. Check remote notarization compliance.

Citations

3. Securing Future Advances

Plain English

A Kansas mortgage may secure future advances, and its lien has priority from recording for all advances made under it until it is released, as long as the lien never exceeds the maximum amount stated in the mortgage. The Kansas Supreme Court has applied this to optional and obligatory advances alike, ahead of liens that attach after recording.

Key Rules

  • Future advances (K.S.A. 58-2336). Priority from recording; capped at the stated maximum.
  • Optional or obligatory (First Nat'l Bank in Wichita v. Fink, 241 Kan. 321, 736 P.2d 909 (1987)).
  • Cap enforced (Mark Twain Kansas City Bank v. Cates, 248 Kan. 700, 810 P.2d 1154 (1991)).

Practice Points

  1. Every credit-line mortgage needs a stated maximum.
  2. Advances above the cap are unsecured as to priority.
  3. HELOC payoffs: get a release; the mortgage stays until released of record.

Citations

4. Subdivision Statutes and Regulations

Plain English

Kansas cities and counties adopt subdivision regulations under the planning statutes (K.S.A. 12-741 et seq.). Plats are verified by the owner and submitted to the planning commission (or joint committee), which decides whether the plat conforms; a plat not acted on within 60 days after the first meeting following submission is deemed approved (K.S.A. 12-752).

Key Rules

  • Planning and subdivision regulations (K.S.A. 12-741 et seq.).
  • Plat approval (K.S.A. 12-752). Planning commission review; 60-day deemed approval.

Practice Points

  1. New lot? Get the approved, recorded plat.
  2. Read dedications and plat notes.
  3. Rural tracts: check county subdivision rules.

Citations

5. Title Premium Rates

Plain English

No unfiled charge may be made. Every agent and agency must make its own filing. Non-insurance services (closings, abstract extensions) may be charged but not included in premium, and customary services not included in the rates must be disclosed when the rates are filed. Kansas also has a strict anti-rebate rule that covers escrow, settlement, and closing charges (K.S.A. 40-2404(15)).

Key Rules

  • Filing (K.S.A. 40-952(c)). Insurers and agents; counties of 10,000+; no unfiled charges.
  • Anti-rebate (K.S.A. 40-2404(15)). Includes escrow, settlement, and closing charges; referrals from producers with a financial interest require a signed written disclosure.

Practice Points

  1. Check that the agent has its own filing on file.
  2. Small counties (under 10,000) aren't subject to filing; confirm the county.
  3. No unfiled fees and no inducements.

Citations

6. Recording Taxes & Fees on Deeds and Mortgages

Plain English

Kansas has no transfer tax. It used to have a mortgage registration fee (0.26% of the loan), but that fee was phased down starting in 2015 and repealed for mortgages recorded on or after January 1, 2019. Register of deeds per-page fees went up instead. Old training material that still lists a Kansas mortgage tax is out of date.

Key Rules

(a) Deed transfer, conveyance or excise tax

  • None found. No state real estate transfer tax statute was found.
  • Sales validation questionnaire must accompany a deed for recording; it is not itself recorded (K.S.A. 79-1437c).

(b) Mortgage, indebtedness or intangible tax

  • Repealed. The mortgage registration fee under K.S.A. 79-3102 was reduced each year from 2015 to 2018 (0.20%, 0.15%, 0.10%, 0.05%) and eliminated for mortgages recorded on or after Jan. 1, 2019 (repealed by L. 2014, ch. 140, § 22).
  • Result. No Kansas tax on future advances, credit lines, refinances or modifications; only recording fees.

(c) Other recording taxes and fees

  • Register of deeds fees rose to replace the mortgage fee (K.S.A. 28-115(a)(5)): since Jan. 1, 2018, $17 for the first page and $13 for each additional page. The fee for a single-family principal-residence mortgage of $75,000 or less is capped at $125 (K.S.A. 28-115(j)).

Practice Points

  1. Do not collect a mortgage registration fee on Kansas loans.
  2. Budget per-page recording fees, which can be large on long mortgages.

Citations

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