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Kansas · TitleKansas lis pendens: the filed petition as notice and the 90-day service rule

Kansas works differently from most states: in the county where the suit is filed, no separate lis pendens document is needed. When a petition has been filed in district court under chapter 60, the action is pending so as to charge third persons with notice of it, and while it is pending no interest can be acquired by third persons in the subject matter as against the plaintiff's claim – but that notice is of no avail unless the summons is served or the first publication made within 90 days after the petition is filed. When the real property lies in two or more counties, filing in one county doesn't give notice in another until the plaintiff pays a $5 fee and files for record with that county's register of deeds a verified statement of the nature of the action, the court and a description of the property; after final judgment, the plaintiff files a copy of the judgment with the register of deeds (K.S.A. 60-2201). That's why Kansas title searches check the district court docket as well as the register of deeds.

What the statutes set

  1. Petition as notice (60-2201(a))

    A filed petition charges third persons with notice of the action.

  2. Ninety days (60-2201(a))

    No effect unless the summons is served or first published within 90 days.

  3. Other counties (60-2201(b))

    Verified statement with that county's register of deeds, $5 fee.

  4. Judgment (60-2201(b))

    After final judgment, a copy is filed with the register of deeds.

What the TC does when a Kansas title search shows a lis pendens

  • Ask the title company what it needs – a cancellation, a discharge or a court order – to insure the closing.
  • Check the filing date and whether service followed within the statutory time.
  • Track the cancellation as a task and confirm it is recorded before closing.

Questions about Kansas lis pendens

Does Kansas require a lis pendens to be recorded?

Not in the county where the petition is filed – the filed petition itself charges third persons with notice, if service follows within 90 days; for land in another county, a verified statement must be filed with that county's register of deeds (K.S.A. 60-2201).

What happens if a Kansas defendant isn't served within 90 days?

The notice from the filed petition is of no avail (K.S.A. 60-2201(a)).

Related guides

Track a lis pendens and its cancellation as tasks on the deal in ClosingCode.

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Source: K.S.A. 60-2201 (ksrevisor.gov), read October 30, 2026.

General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage. This guide is not a substitute for the advice or services of an attorney.