General recording requirements for all documents
When recording any document with Leavenworth county's Register of Deeds, be prepared to meet these common requirements:
- Original document: You must submit the original document or a certified copy from another recording office. Plain photocopies and emailed documents are not accepted.
- Signature and legibility: The document must be legible enough to produce a clear reproduction with a minimum font point of 9. It must be signed, with the names of all signers typed or printed underneath their signatures. Failure to do this may incur an additional fee or rejection.
- Notarization: All signatures must be properly notarized. The notary seal must be legible and include the notary's expiration date. The notary’s printed or typed name is to be under the notary signature.
- Legal description: Documents pertaining to land records must include a full and complete legal description of the property reference in the document to be filed. An abbreviated description from tax statements is insufficient. Documents will be rejected if no correct legal description is in the document to be filed. KSA 58-2221 (D)
- Preparer and return information: The document should include the name and email address of the preparer and a return-to address for the recorded document. For a returned paper copy, include a stamped self-addresses envelope; otherwise, a digital copy will be emailed and original document shredded.
- Margin requirements: Be aware of specific margin requirements, as these can vary by county. A requirement is a blank space of 2.5 inches at the top of the first page for the recording stamps, and a 1 inch margin all the way around the body of text for all documents.
- Fees: Correct payment for recording fees is required at the time of filing. Fees are set by state statute K.S.A. 28-115.
- Sales Validation Questionnaire: For deeds that transfer real estate, a Kansas Real Estate Sales Validation Questionnaire (SVQ) must be included OR an applicable exemption must be clearly stated on the deed with the exact KSA reference: “Pursuant to K.S.A 79-1437 (E) a real estate validation questionnaire is not required due to exemption No. _____” required. If no exemption code is provided or money changes hands, a complete (no blanks) SVQ is required.
- Correct Form: For property held in a trust, a Trust Deed with the appropriate wording is required.
