Do You Need a Lawyer to Buy or Sell Land in Kansas in Today’s Market?

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Do You Need a Lawyer to Buy or Sell Land in Kansas in Today’s Market?
By

Bart Waldon

Kansas land deals look simple on paper—agree on a price, sign a contract, transfer the deed—but the real risk often hides in the details: title defects, easements, mineral reservations, water and irrigation issues, boundary questions, and tax consequences. Those issues matter even more today because land values remain historically high. Kansas farmland values increased 8.0% in 2023–2024, pushing average per-acre prices to $2,970, according to [Investigate Midwest (USDA data analysis)](https://investigatemidwest.org/2025/03/12/farmland-values-lose-steam-after-years-of-rapid-growth/). The same analysis found that from 2018 to 2023, Kansas farmland values increased 60%, reflecting how quickly equity—and potential liability—can grow in a short time ([Investigate Midwest (USDA data analysis)](https://investigatemidwest.org/2025/03/12/farmland-values-lose-steam-after-years-of-rapid-growth/)).

Regional and lender-reported benchmarks reinforce that momentum. In the High Plains Farm Credit territory, Kansas land values increased approximately 60% over the past five years ([High Plains Farm Credit](https://highplainsfarmcredit.com/annual-land-values-in-kansas/)). Frontier Farm Credit reports that for most areas of Kansas, 2024 land values increased over 2023 values, and benchmark farmland values in eastern Kansas were up 7.4% for the year 2025 ([Frontier Farm Credit](https://www.frontierfarmcredit.com/resources/learning-center/latest-land-values)). Even within 2025, benchmark farmland values in eastern Kansas increased an average of 2.6% in the last six months of the year ([Frontier Farm Credit](https://www.frontierfarmcredit.com/resources/learning-center/latest-land-values)).

At the same time, sales activity can shift fast. The number of cropland tracts sold in eastern Kansas dropped 35.4% in 2025 compared to 2024, suggesting a tighter, more selective market where each transaction carries more weight ([Frontier Farm Credit](https://www.frontierfarmcredit.com/resources/learning-center/latest-land-values)). When fewer comparable sales exist, contract terms, disclosures, surveys, and title protections become even more important.

Do You Need a Real Estate Attorney When Buying or Selling Land in Kansas?

You do not always need an attorney to buy or sell land in Kansas. Many straightforward transactions close with standard documents prepared by real estate professionals and processed through a title company. However, land is rarely “standard” for long. If your deal involves special financing, development plans, irrigation, mineral rights, access questions, or any uncertainty in title, an experienced Kansas real estate attorney can reduce risk, clarify obligations, and prevent expensive mistakes.

Today’s land values are a major reason many buyers and sellers choose legal help even when the deal feels uncomplicated. For context, irrigated ground in western Kansas increased 16% in value from 2023 to 2024, according to K-State Extension farm economist Robin Reid via [Farm Progress](https://www.farmprogress.com/farm-business-planning/5-things-to-consider-about-kansas-land-value-trends-for-2025). Higher valuations can magnify the cost of a missed easement, an ambiguous legal description, or a disputed boundary.

When Hiring a Kansas Land Attorney Is Especially Helpful

1) Complex contracts and financing structures

Seller financing, land contracts, installment payments, lease-to-own arrangements, and contingency-heavy offers require careful drafting. An attorney can define default remedies, cure periods, possession timing, allocation of taxes/insurance, and what happens if title defects appear midstream.

2) Development, zoning, and land-use changes

If you plan to build—whether that’s a home, shops, grain facilities, solar, commercial development, or subdividing—zoning and permitting matter. An attorney can help you confirm allowable uses, evaluate restrictions, and coordinate rezoning or variance requests when needed.

3) Title issues, easements, access, and boundary certainty

Title companies typically search and insure title, but they do not always resolve every legal issue that affects use and value. Attorneys can help address:

  • Recorded and unrecorded easements (utilities, access, pipelines, shared drives)
  • Survey and boundary disputes, fence-line issues, and legal description errors
  • Judgments, tax liens, probate gaps, and missing conveyances in the chain of title
  • Restrictions tied to associations or prior deed conditions

This is especially relevant in a market where different land types move differently. High Plains Farm Credit reports that in 2024, good upland crop ground (Class II soils) decreased by approximately 2%, while marginal crop ground (Classes III, IV, and VI soils) increased approximately 3% ([High Plains Farm Credit](https://highplainsfarmcredit.com/annual-land-values-in-kansas/)). If value trends vary by soil class and productivity, buyers typically scrutinize access, improvements, and usable acres more aggressively—exactly where title and boundary clarity matter.

4) Water, irrigation, and related rights

In Kansas, irrigation potential and water-related constraints can affect both price and long-term usability. With irrigated ground in western Kansas up 16% from 2023 to 2024 ([Farm Progress](https://www.farmprogress.com/farm-business-planning/5-things-to-consider-about-kansas-land-value-trends-for-2025)), buyers often want certainty about wells, water allocations, transferability, and any local or state restrictions that could limit production.

5) Mineral rights and split estates

Mineral reservations and prior mineral deeds can create ongoing complications—especially when surface use conflicts with mineral development rights. An attorney can help interpret existing reservations and negotiate appropriate protections, disclosures, and lease language.

6) Tax consequences and entity planning

Land transfers may trigger income taxes, capital gains, gift tax filings, or estate/probate issues. An attorney (often working alongside a CPA) can help structure ownership, draft deeds correctly, and avoid preventable tax surprises.

7) Out-of-state transactions

If the land is outside Kansas, hire counsel licensed in that state. Real estate law is highly state-specific, and closing customs, disclosures, and deed requirements vary widely.

8) Peace of mind in a high-dollar, high-volatility market

Even when a transaction seems “simple,” the stakes are real. As a broader benchmark for how valuable agricultural property can be, the average dollar value of all benchmark farms in FCSAmerica at the close of 2025 was $8,299 per acre ([FCSAmerica](https://www.fcsamerica.com/resources/learning-center/latest-land-values)). Pasture can also represent substantial value: U.S. pasture value averaged $1,920 per acre in 2025, up $90 per acre (4.9%) from 2024, according to [USDA NASS](https://www.nass.usda.gov/Publications/Todays_Reports/reports/land0825.pdf). When per-acre values rise, small legal errors can create outsized financial consequences.

How Attorneys Support Kansas Land Closings

In a land purchase or sale, a real estate attorney can provide practical, transaction-focused support, including:

  • Reviewing the purchase agreement and negotiating terms that match the property’s realities
  • Drafting or revising special provisions for minerals, water, access, inspections, and surveys
  • Coordinating with the title company to resolve defects and confirm insurability
  • Reviewing title commitments, exceptions, easements, and restrictive covenants
  • Advising on entity ownership (LLC, trust, partnership) and signature authority
  • Preparing or reviewing deeds, affidavits, closing statements, and escrow instructions
  • Reducing disputes by documenting expectations clearly and early

Key Considerations When Choosing a Kansas Real Estate Attorney

  • Kansas licensure and real estate focus: Choose an attorney who routinely handles land and rural property matters.
  • Experience with your land type: Cropland, pasture, recreational, transitional, and irrigated ground often involve different risks.
  • Closing coordination skills: Look for someone comfortable working with title companies, lenders, surveyors, and local agencies.
  • Clear fee structure: Ask whether billing is flat-fee or hourly and what services are included.
  • Responsiveness: Land deals move quickly; your attorney should be available when deadlines hit.

Final Thoughts

You can buy or sell land in Kansas without an attorney in some situations, but legal guidance becomes valuable when the property has title complications, access questions, mineral or water issues, development goals, nonstandard financing, or meaningful tax exposure. That value is amplified by today’s pricing environment: Kansas farmland values rose 8.0% in 2023–2024 to $2,970 per acre and increased 60% from 2018 to 2023 ([Investigate Midwest (USDA data analysis)](https://investigatemidwest.org/2025/03/12/farmland-values-lose-steam-after-years-of-rapid-growth/)); land values in the High Plains Farm Credit territory increased approximately 60% over five years ([High Plains Farm Credit](https://highplainsfarmcredit.com/annual-land-values-in-kansas/)); and eastern Kansas benchmarks showed continued gains through 2025, even as cropland tract sales fell 35.4% year over year ([Frontier Farm Credit](https://www.frontierfarmcredit.com/resources/learning-center/latest-land-values)). If the transaction matters to your finances, timeline, or long-term plans, the right attorney can help you close with confidence—and fewer surprises.

Frequently Asked Questions (FAQs)

Do I need a real estate attorney if I’m buying land in Kansas for recreational use or hobby farming?

Not always. If zoning is clear, access is legal, and title is clean, many buyers close with standard documents and a title company. Still, a quick attorney review can catch issues that aren’t obvious—especially with easements, boundary questions, or deed restrictions.

Should I hire an attorney if I’m planning major development?

Yes. Development adds zoning, permitting, infrastructure, environmental, and contract complexity. An attorney can help you verify feasibility before you commit and can structure timelines and contingencies to protect your investment.

What title problems can an attorney help address?

Common issues include liens, probate gaps, missing signatures, conflicting legal descriptions, survey disputes, easements that limit use, ambiguous mineral reservations, and access problems. An attorney can push these issues toward resolution so you can receive (or deliver) marketable, insurable title.

If my family is gifting me Kansas land, isn’t a simple deed enough?

Sometimes, but gifts can create tax and estate-planning consequences and can also raise questions about ownership structure, future transfers, and liability. Legal guidance helps ensure the deed and supporting filings match your family’s goals and reduce future disputes.

If I’m buying land in another state, can a Kansas attorney handle it?

For property located outside Kansas, you generally want an attorney licensed in the state where the land sits. Local counsel will know that state’s required disclosures, deed formalities, and closing practices.

About The Author

Bart Waldon

Bart, co-founder of Land Boss with wife Dallas Waldon, boasts over half a decade in real estate. With 100+ successful land transactions nationwide, his expertise and hands-on approach solidify Land Boss as a leading player in land investment.

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