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1. What is a deed?

A deed is an instrument by which the buyer obtains title to a piece of real estate being sold. A deed comes in many forms.

2. Does a deed have to be recorded?

A deed should be recorded as promptly after the transaction as possible. Failure to record a deed could create numerous legal difficulties. (When a property is purchased under contract between the buyer and seller, the deed is not recorded until the contract is paid off.) Although there is no time limit on recording deeds, they should be recorded as promptly as possible.

3. What if I lose my deed?

If your deed is misplaced or lost, a copy may be obtained from the Register of Deeds Office for a charge of $1 per page and may be certified by the register of deeds for an additional $13 per document.

4. Who could make out a new deed for me?

The Register of Deeds and her staff always recommended consulting your attorney, an abstracter, or title company. The Register of Deeds office is a recording agency and therefore cannot make out deeds or answer those questions which pertain to legal matters.

5. Can the Register of Deeds Office tell you if you have a good and clear title?

No. Professional title examiners or abstractors use the records in our office as well as searching records in other county offices to determine if the title is good and clear. The records are open for the public to use.

6. What is the Uniform Commercial Code (UCC)?

The Uniform Commercial Code, more commonly known as UCC, became effective in Kansas in 1966. The filing of a UCC is what perfects or secures the loan on consumer goods or personal property. Also filed in the UCC files are state and federal tax liens and mechanic liens (on personal property only).

7. Can you record property in the Butler County Register of Deeds Office if the property is not located in this county?

No. The property, or part of it, has to be located in Butler County.

8. What other kinds of records would I find in the Register of Deeds Office?

Besides deeds and mortgages there are oil and gas leases, plats of additions and subdivisions in the county, restrictive covenants, powers of attorneys, corporate records, and state and federal tax liens. Also, old school records for rural schools and third class cities, cemetery deeds, and numerous other documents pertaining to real estate.

9. Are any forms available in the Register of Deeds Office?

The Register of Deeds Office does not usually have forms available. However, birth certificate and death certificate forms are available from the Register of Deeds Office. The public sends the requests to the Vital Statistics Department at Topeka. Early death and birth records prior to 1911 may be available at the County Clerk's office.

10. Can the Register of Deeds Office perform family history or genealogical research?

The Register of Deeds is a recording office only. The staff's time is spent recording documents and maintaining the records. The public is welcome to come in and search the records of the office dating back to 1868.