Kansas Statutes

Chapter 19: Counties And County Officers

Article 12: Register Of Deeds

Statutes:

• 19-1201: Register of deeds; election, term, bond.
• 19-1202: Deputy registers of deeds; duties; meetings and seminars; budget; limitation of personnel action.
• 19-1203: Vacancy in office of register of deeds, how filled.
• 19-1204: Custody and recording of documents.
• 19-1205: General indexes; entries; notation of discharge or release of instruments.
• 19-1206: Receiving books; entries.
• 19-1207: Record of plats and index; payment of fee, tax receipt required for recording.
• 19-1208:
• 19-1209: Numerical index, when.
• 19-1210: Entries to be made in numerical index.
• 19-1211: Previous transfers first entered in numerical index.
• 19-1212:
• 19-1213: Comparison of instrument with record.
• 19-1214:
• 19-1215: Same; penalty.
• 19-1216: Records destroyed or made illegible by fire or casualty.
• 19-1217: Same; reindexing and re-recording without charge.
• 19-1218: Same; certification of information as to illegible, damaged or destroyed records; fee.
• 19-1219: Same; publication service on certain persons in certain actions; judgment.

• 19-1201: Register of deeds; election, term, bond. Beginning with the general election in 1976, a register of deeds shall be elected in each county for a term of four (4) years. Such register of deeds shall, before entering upon the duties of the office, execute to the state of Kansas and file with the county clerk, a good and sufficient corporate surety bond issued by a company authorized to do business in this state in an amount approved by the county clerk of not less than ten thousand dollars ($10,000). Such bond shall be conditioned on the faithful performance of the duties of the office and that such register of deeds will deliver to the successor in such office all property belonging to such office.

        History:   G.S. 1868, ch. 25, § 87; R.S. 1923, 19-1201; L. 1965, ch. 160, § 5; L. 1976, ch. 123, § 5; April 30.

• 19-1202: Deputy registers of deeds; duties; meetings and seminars; budget; limitation of personnel action. (a) The register of deeds may appoint a deputy register of deeds. The appointment shall be in writing, filed and recorded in the office of the register of deeds. In addition to the deputy, the register also may appoint, promote, demote and dismiss any assistants necessary to carry out the duties of the office. The register shall supervise all assistants in the performance of their duties. The register's surety shall be responsible under the register's official bond for the acts of the deputy and any assistants. Within the limitations of the budget for the financing of the operation of the register's office as approved by the board of county commissioners, the register of deeds may attend and may require the deputy and any assistants to attend any meetings or seminars which the register determines will be beneficial to the operation of the register's office.

        (b)   The register of deeds shall submit a budget for the financing of the operation of the register's office to the board of county commissioners for their approval.

        (c)   Any personnel action taken by the register of deeds under this section shall be subject to the following: (1) Personnel policies and procedures established by the board of county commissioners for all county employees other than elected officials; (2) any pay plan established by the board of county commissioners for all county employees other than elected officials; (3) any applicable collective bargaining agreements or civil service system; and (4) the budget for the financing of the operation of the register's office as approved by the board of county commissioners.

        History:   G.S. 1868, ch. 25, § 88; R.S. 1923, 19-1202; L. 1983, ch. 91, § 5; July 1.

• 19-1203: Vacancy in office of register of deeds, how filled. In case of a vacancy in the office of register of deeds, the same shall be filled by the appointment of a qualified elector of the county. If the vacancy occurs on or after May 1 of the second year of the term, the person so appointed shall serve for the remainder of the unexpired term and until a successor is elected and qualifies. If the vacancy occurs before May 1 of the second year of the term, the person appointed to fill the vacancy shall serve until a successor is elected and qualifies at the next general election to serve the remainder of the unexpired term. Nomination and election of such successor shall be in the same manner as nomination and election of a county register of deeds for a regular term. In the absence or inability of the register of deeds to perform the duties of his office, the deputy shall perform the duties of said register during the continuance of such absence or inability. Appointments hereunder shall be made in the manner provided by law for filling vacancies in the office of member of the house of representatives.

        History:   G.S. 1868, ch. 25, § 89; R.S. 1923, 19-1203; L. 1963, ch. 160, § 4; L. 1973, ch. 102, § 4; L. 1986, ch. 100, § 4; July 1.

• 19-1204: Custody and recording of documents. (a) The register of deeds shall have custody of and safely keep and preserve all the books, records, deeds, maps, papers and microphotographs deposited or kept in the office of the register of deeds. The register of deeds shall also record, or cause to be recorded, in a plain and distinct handwriting or in another legible manner, in suitable books or other accessible format to be provided and kept in the office of the register of deeds, all deeds, mortgages, maps, instruments and writings authorized by law to be recorded in the office of the register of deeds and left with the register of deeds for that purpose, and shall perform all other duties as are required by law.

        (b)   The register of deeds shall have the option of recording all such deeds, mortgages, maps, instruments and writings under this section: (1) In books as provided in subsection (a), (2) on computer disks, tapes or other electronically accessed media in accordance with K.S.A. 45-501, or (3) in another manner authorized by statute in accordance with the provisions thereof.

        History:   G.S. 1868, ch. 25, § 90; R.S. 1923, 19-1204; L. 1971, ch. 86, § 1; L. 1985, ch. 96, § 2; July 1.

• 19-1205: General indexes; entries; notation of discharge or release of instruments. (a) Every register of deeds shall keep a general index, direct and inverted, in the office of the register of deeds. The general index, direct, shall be divided into seven columns, with heads to the respective columns as follows:

                                       Volume              Descrip-
  Time     Names    Names    Nature     and     Remarks.    tion of
   of       of       of        of      Page                 Tract.
  Recep-   Grant-   Grant-   Instru-   Where
  tion.     ors.     ees.     ment.    Recorded.
  
  
  

  The register of deeds shall make correct entries, in such general index, of every instrument recorded, under the appropriate headings, by entering the names of the grantors in an alphabetical form.

        (b)   The general index, inverted, shall be divided into seven columns, as follows:

                                       Volume              Descrip-
  Time     Names    Names    Nature     and     Remarks.    tion of
   of       of       of        of      Page                 Tract.
  Recep-   Grant-   Grant-   Instru-   Where
  tion.    ees.      ors.     ment.    Recorded.
  
  
  

  The register of deeds shall make, in such general index, correct entries of every instrument required by law to be entered in the general index, inverted, by entering the names of the grantees in alphabetical order.

        (c)   Whenever any mortgage, bond or other instrument has been released or discharged from record by recording a deed or release, the register of deeds shall immediately note, in both general indexes, under the column headed "Remarks," and opposite to the appropriate entry or in another manner which provides appropriate cross-referencing of such information, that such instrument has been satisfied.

        (d)   The indexes required by this statute may be kept in bound paper books or in another manner authorized by statute.

        History:   G.S. 1868, ch. 25, § 91; R.S. 1923, 19-1205; L. 1985, ch. 96, § 3; July 1.

• 19-1206: Receiving books; entries. The register of deeds shall keep a receiving book, each page of which shall be divided into five columns, as follows:

   Time of      Name of    Name of     To Whom      Fees
  Reception.   Grantor.   Grantee.    Delivered.   Received.
  

  Whenever any instrument has been received by the register of deeds for record, the register of deeds shall immediately endorse upon such instrument the certificate of the register of deeds, noting the day, hour and minute of its reception and the fees received for recording the instrument. The date of record of such instrument shall be from the date of filing. Whenever any instrument has been filed as required by this section, the register of deeds shall immediately make an entry of the filing in the receiving book of the register of deeds, under the appropriate heading, with the amount paid as fee for recording the filing. After such instrument has been recorded, the register of deeds shall deliver it to the person authorized to receive the same, writing the name of the person to whom it is delivered in the appropriate column. The receiving records required under this section may be kept in bound paper books or in another manner authorized by statute.

        History:   G.S. 1868, ch. 25, § 92; R.S. 1923, 19-1206; L. 1985, ch. 96, § 4; July 1.

• 19-1207: Record of plats and index; payment of fee, tax receipt required for recording. (a) The register of deeds also shall keep a well-bound book, in which shall be kept all maps and plats of cities, subdivisions or additions to the same within the county, together with the description, acknowledgment or other writing thereon. The register shall keep an index to such book of plats. Such index shall contain the name or names of the proprietor or proprietors of such cities, subdivisions or addition and the name of the cities, subdivisions or addition. No register of deeds shall be bound to perform any of the duties required to be performed by this act, for which a fee is allowed, unless such fee has been paid or tendered.

        (b)   The register of deeds shall not record any plat unless such plat is accompanied by a receipt from the county treasurer for all real estate taxes of any year past due and unpaid and: (1) Payment of at least the first half of all real estate taxes on land to be platted if such plat is presented for recording between December 20 and June 20 of the next year; or (2) payment of all such real estate taxes if such plat is presented for recording on and after June 20 but before December 20 of the same year.

        (c)   The record of plats and indexes required by this section may be kept in the manner provided by K.S.A. 19-1204, and amendments thereto or as otherwise authorized by statute.

        History:   G.S. 1868, ch. 25, § 93; R.S. 1923, 19-1207; L. 1981, ch. 116, § 1; L. 1985, ch. 96, § 5; L. 1999, ch. 126, § 4; July 1.

• 19-1208:

        History:   G.S. 1868, ch. 25, § 94; R.S. 1923, 19-1208; Repealed, L. 1985, ch. 96, § 7; July 1.

• 19-1209: Numerical index, when. Whenever the board of county commissioners of any county deems it necessary, the board may order the register of deeds to furnish for the use of the county, in addition to other records and indexes required by law, a numerical index containing the name of the instrument, the name of the grantor, the name of the grantee, a brief description of the property and the volume and page in which each instrument indexed is recorded. A numerical index required under this section may be kept in bound paper books or in another manner authorized by statute.

        History:   G.S. 1868, ch. 25, § 95; L. 1913, ch. 160, § 1; R.S. 1923, 19-1209; L. 1985, ch. 96, § 6; July 1.

• 19-1210: Entries to be made in numerical index. It shall be the duty of the register to make correct entries in such numerical index, of all instruments recorded concerning real estate, under the appropriate headings, and in the subdivision devoted to the particular quarter section described in the instrument making the conveyance.

        History:   G.S. 1868, ch. 25, § 96; Oct. 31; R.S. 1923, 19-1210.

• 19-1211: Previous transfers first entered in numerical index. Whenever such index is procured, it shall be the duty of the register to enter, in their appropriate divisions, before any other entries are made, all the transfers embraced within the instruments recorded in his office, commencing with the first.

        History:   G.S. 1868, ch. 25, § 97; Oct. 31; R.S. 1923, 19-1211.

• 19-1212:

        History:   G.S. 1868, ch. 25, § 98; R.S. 1923, 19-1212; Repealed, L. 1970, ch. 106, § 1; July 1.

• 19-1213: Comparison of instrument with record. Every register of deeds, or his deputy, shall, after recording each instrument in the office of the register of deeds, proof read the same by comparing the instrument filed for record with the record that has been made by the register of deeds from such original instrument.

        History:   L. 1913, ch. 161, § 1; April 30; R.S. 1923, 19-1213.

• 19-1214:

        History:   L. 1913, ch. 161, § 2; R.S. 1923, § 19-1214; Repealed, L. 1998, ch. 48, § 1; July 1.

• 19-1215: Same; penalty. For any violation of any of the provisions of this act the person so violating the law shall be guilty of a misdemeanor, and upon conviction shall be fined in a sum not to exceed one hundred dollars.

        History:   L. 1913, ch. 161, § 3; April 30; R.S. 1923, 19-1215.

• 19-1216: Records destroyed or made illegible by fire or casualty. This act shall apply to every county in the state, wherein all or any portion of the records in the office of the register of deeds have been or shall hereafter be destroyed or made illegible by fire or other casualty.

        History:   L. 1951, ch. 236, § 1; April 2.

• 19-1217: Same; reindexing and re-recording without charge. Whenever any instrument in writing affecting real estate in any such county which has been theretofore recorded in the office of the register of deeds, shall be delivered to the register of deeds, the register of deeds shall examine the record and indexing of such instrument and shall reindex the same if any portion of such index be missing or illegible, and if the record of said instrument be destroyed or illegible, the register of deeds shall record said instrument together with the certificate of previous recording and shall reindex the same and the date of filing for record appearing in said original certificate of recording shall be deemed and taken as the date of record thereof. If a duly certified or authenticated copy of any such instrument is delivered to the register of deeds, the register of deeds shall reindex and record the same including the certification or authentication thereof, in the same cases and in the same manner and with like effect as hereinbefore provided in the case of original instruments. No fee shall be charged for the recording or indexing of instruments or copies pursuant to the provisions of this section.

        History:   L. 1951, ch. 236, § 2; April 2.

• 19-1218: Same; certification of information as to illegible, damaged or destroyed records; fee. Upon payment of a fee of two dollars ($2), the register of deeds of any such county shall examine the numerical index to any tract of land in the county and furnish to the person paying said fee a certificate showing whether or not any portion of numerical index pertaining to such tract is destroyed or illegible and showing whether or not any material part of the record of any instrument shown in the numerical index for such tract is destroyed or illegible. Such certificate shall also state the date upon which the records were damaged or destroyed and by what event. For the purpose of making such certificates each government quarter section or part thereof in case of unplatted lands and each block or part thereof in the case of platted land, shall be deemed a separate tract.

        History:   L. 1951, ch. 236, § 3; April 2.

• 19-1219: Same; publication service on certain persons in certain actions; judgment. In actions brought to quiet title to or foreclose upon real estate in any such county, if it be alleged that a portion of the record or numerical index pertaining to said land has been destroyed or rendered illegible by reason of fire or other casualty and there be attached to the petition a certificate issued by the register of deeds pursuant to the preceding section, showing that a portion of such record or index has been so destroyed or rendered illegible, then, and in that event, all persons whose interest in said real property does not appear of record in the records and indexes which remain legible and undestroyed may be made parties defendant under the general designation of "all others claiming any right, title, or interest in, or lien upon the real property described in the petition" and such persons may be served with summons by publication, which summons by publication shall contain the legal description of the real estate in the same manner and upon the making of the same affidavit as is required for service by publication upon unknown heirs. Any judgment rendered in any such action against parties so designated and served shall be binding upon all persons whose right, title or interest in or lien upon said lands is not disclosed by the records which remain undestroyed and legible: Provided always, That such judgments may be reopened upon the same conditions and within the time provided in the case of other judgments rendered on publication service.

        History:   L. 1951, ch. 236, § 4; April 2.