What is the Marketable Title Act?

The Kansas Marketable Title Act is a law that guarantees title to real property in Kansas. This law requires that all real estate transactions be conducted using a certified title opinion. A title opinion is an opinion from a real estate attorney that covers research into a title’s ownership history and other related records, such as mortgages and deeds. In Kansas, the Marketable Title Act states that all titles issued by courts, land offices, or registration systems must be considered valid if they have at least 30 years of unbroken ownership history. This helps protect buyers from buying land that they can’t legally own. The 30-year period is known as the “root of title” and the title opinion must specifically mention the root of title. When a title opinion states that there is a clear chain of title, buyers can rest assured that the property is theirs and that there will be no legal issues in the future. The title opinion also helps to ensure that buyers will not be liable for any past or future liens or encumbrances associated with the property. The Kansas Marketable Title Act provides peace of mind to buyers and sellers of real estate in the state of Kansas and helps to protect real estate transactions. It also serves as a safeguard against fraud and other issues that can arise during a real estate transaction.

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