A Register of Deeds serves as the official custodian of all records related to real estate and land ownership within a county. In rural Kansas, this office is vital for maintaining a clear "chain of title," ensuring that property rights are protected and that historical records are preserved for future generations.

1. Recording and Preservation of Documents

The primary function of the office is to accept, index, and archive legal documents. When these documents are "recorded," they become part of the public record, providing "constructive notice" to the world about who owns a piece of land or who has a claim against it.

• Real Estate Records: This includes Deeds (transfer of ownership), Mortgages, and Leases.

• Liens: The office records tax liens, mechanic's liens, and other claims that might affect a property's title.

• Other Instruments: In Kansas, this office also records Military Discharges (DD-214s) for safekeeping and Uniform Commercial Code (UCC) filings, which involve security interests in personal property.

2. Public Information and Assistance

The Register of Deeds office acts as a specialized library for the public, title companies, and attorneys.

• Document Retrieval: They provide copies of recorded documents, which are often required for legal transactions or loan approvals.

• Professional Outreach: They work closely with title searchers, genealogists, and surveyors who rely on these archives for their professional work.

3. Financial and Statutory Compliance

The office is a revenue-collecting department for the county and state.

• Compliance: Every document submitted must meet specific Kansas Statutes regarding formatting, signatures, and notarization before it can be legally recorded.

• Accounting: They are responsible for safeguarding all funds collected and depositing them with the County Treasurer.

4. Administrative Role

• Elected Official: In Kansas, the Register of Deeds is an elected official serving a four-year term.

• Archive Security: They are responsible for the physical and digital security of records, often utilizing high-resolution scanning and off-site backups to protect against natural disasters. 

5. Functions and Duties

• Assisting the general public with questions that they have in regards to the Smith County Register of Deeds Office.   
• Those individuals appearing in the Smith County office or those inquiring by:  
  • Phone
  • Mail
  • E-mail
  • Fax
• Collecting fees required to be paid to the Smith County Register of Deeds Office for: 
  • Recording Fees
  • Mortgage Registration Fees
  • Other services that are provided
• Accounting for and adequately safeguarding all funds collected and deposited to the Smith County Treasurers' office. 
• Recording transactions to:
  • Journals
  • Ledgers
  • Permanent records
  • Computer Records
• Assisting in preparation and mailing of correspondence.

Our Pledge is:

"To serve the public and preserve the records of all real estate and related transactions with professionalism and courtesy to all our constituents".