Kansas Attorney General Opinion 1992-122

ROBERT T. STEPHAN
ATTORNEY GENERAL
September 22, 1992
ATTORNEY GENERAL OPINION NO. 92- 122
Mr. Paul R. Oiler
Trego County Attorney
117 N. Main
WaKeeney, Kansas 67672
Re: Taxation--Property Valuation, Equalizing
Assessments, Appraisers and Assessment of
Property--Real Estate Sales Validation
Questionnaires; Inapplicability to Certain
Transfers of Title; Authority of Register of Deeds
to Reference Exemption on Face of Deed
Synopsis: A register of deeds presented with a deed, other
instrument transferring title to real estate or an
affidavit of equitable interest in real estate that
does not reflect an exemption listed in K.S.A. 1991
Supp. 79-1437e, as amended, may not insert the
necessary language, or record the instrument unless
it is accompanied by a real estate sales validation
questionnaire. Cited herein: K.S.A. 19-1206;
K.S.A. 1991 Supp 79-1437c, as amended by L. 1992,
ch. 159, § 1; 79-1437e, as amended by L. 1992,
ch. 159, § 2; K.S.A. 79-3104.
Dear Mr. Oiler:
You request our opinion regarding the authority of a register
of deeds to insert language on the face of a deed in order to
allow recording of the deed without an accompanying real
estate sales validation questionnaire.

K.S.A. 1991 Supp. 79-1437c, as amended by L. 1992, ch. 159,
1, prohibits the recording of any deed, other instrument
providing for the transfer of title to real estate or
affidavit of equitable interest in real estate that is not
accompanied by a completed real estate sales validation
questionnaire. Exceptions to this general rule are listed in
K.S.A. 1991 Supp. 79-1437e(a), as amended by L. 1992, ch.
159, § 2. Subsection (b) of K.S.A. 1991 Supp 79-1437e, as
amended, states:
"When a real estate sales validation
questionnaire is not required due to one
or more of the exemptions provided in
subsection (a), the exemption shall be
clearly stated on the document being
filed."
Clearly the document offered must contain language indicating
the applicable exemption before it may be recorded without
being accompanied by a questionnaire. Your concern is whether
the register of deeds may insert such language after the deed
has been executed and acknowledged.
In Attorney General Opinion No. 85-3 we concluded that "a
register of deeds has no authority to allow changes to be made
in the real estate records of the county" absent statutory
authority to do so. While Opinion No. 85-3 discussed the
authority to make changes in order to correct errors in the
instrument, we believe the analysis in that opinion pertains
to the situation before us:
"Where an instrument is changed and is not
re-executed and re-acknowledged, the
original certificate of acknowledgement is
rendered incorrect. . . . Further, under
K.S.A. 19-1204, the register of deeds is
required to 'safely keep and preserve all
the books, records, deeds, maps, papers
and microphotographs deposited or kept in
his office.' (Emphasis added.) To allow
deeds in his or her office to be changed
is inconsistent with a register's duty to
'safely keep and preserve those deeds'."
Attorney General Opinion No. 85-3, p. 3.
K.S.A. 1991 Supp 79-1437e does not authorize registers of
deeds to insert the language signifying the exemption relied
upon. (Compare K.S.A. 79-3104, 19-1206.) Rather, it appears

to be the responsibility of the parties seeking to file the
instrument. Thus, a register of deeds presented with a deed,
other instrument transferring title to real estate, or an
affidavit of equitable interest in real estate that does not
reflect an exemption listed in K.S.A. 1991 Supp. 79-1437e, as
amended, may not insert the necessary language or record the
instrument unless it is accompanied by a real estate sales
validation questionnaire.
Very truly yours,
Robert T. Stephan
Attorney General of Kansas
Julene L. Miller
Deputy Attorney General
RTS:JLM:jm