Kansas Statutes

Chapter 58: Personal And Real Property

Part 6.--MISCELLANEOUS PROVISIONS

Article 22: Conveyances Of Land

Statutes:

• 58-2201: Who deemed seized and possessed of lands.
• 58-2202: Term "heirs" not necessary to estate in fee simple; what shall pass in conveyance of real estate.
• 58-2203: Form of warranty deed.
• 58-2204: Form of quitclaim deed.
• 58-2205: How conveyances executed and acknowledged.
• 58-2206: Corporation conveyances executed prior to 1887 validated.
• 58-2207: Title acquired after conveyance passes to grantee, when.
• 58-2208: Adverse possession; interest may be conveyed notwithstanding.
• 58-2209: Conveyance of real estate; signature required.
• 58-2210: Creation of trusts or powers, how executed.
• 58-2211: Acknowledgment of instrument relating to real estate.
• 58-2212:
• 58-2213:
• 58-2214: Unacknowledged deed; proof of execution and delivery.
• 58-2215: Same; before whom proof made.
• 58-2216: Same; certificate, contents.
• 58-2216a, 58-2216b:
• 58-2216c:
• 58-2216d:
• 58-2217: How certificates must be given.
• 58-2218: False statement and certificate; penalty.
• 58-2219: Subpoena of witnesses.
• 58-2220:
• 58-2221: Recordation of instruments conveying or affecting real estate; duties of register of deeds.
• 58-2222: Same; filing imparts notice.
• 58-2223: Same; unrecorded instrument valid only between parties having actual notice.
• 58-2223a:
• 58-2223b:
• 58-2223c:
• 58-2223d:
• 58-2223e:
• 58-2224: Recordation of instruments, papers or documents; making of photographic or microphotographed copies deemed recording and record books, when.
• 58-2225:
• 58-2226:
• 58-2227:
• 58-2228: Validity of instruments acknowledged in other states.
• 58-2229: Instruments as evidence.
• 58-2230: Same; certified copies as evidence, when; authenticated copies from other states; recordation.
• 58-2231: Instruments recorded prior to 1868 as notice.
• 58-2232: Certificate, record or transcript not conclusive evidence.
• 58-2233: Previous acts not invalidated.
• 58-2234: Validation of acknowledgments made by register of deeds.
• 58-2235: Record of defective instruments made prior to 1887 as notice.
• 58-2236: Record of defective instruments made prior to 1901 as notice.
• 58-2237: Certain defective instruments validated after being on record ten years; instrument, record or copy as evidence.
• 58-2238: Escheats of alien's property to state forfeited, when.
• 58-2239: County clerk to keep transfer record; separate records for tax-exempt lands.
• 58-2240: Furnishing of information on transfer record to appraiser.
• 58-2241: Duty of register of deeds to enter instruments on transfer record.
• 58-2242:
• 58-2242a: Decree or judgment changing ownership or title to real estate; entry upon transfer records.
• 58-2243:
• 58-2244:
• 58-2245:
• 58-2246:
• 58-2247: Title by adverse possession of land for public park.
• 58-2248: Recording title to lands patented by state to railroads.
• 58-2249: Protection of bona fide purchasers of Indian land.
• 58-2250 to 58-2251a:
• 58-2252: Validating defective assignments and releases of trust deeds.
• 58-2253: Action to set aside defective assignment or releases of trust deeds or to foreclose; time limit.
• 58-2254: Time for bringing actions to enforce claims and liens filed in register of deed's office; exception.
• 58-2255: Validating certain defective and irregular guardians' deeds recorded prior to March 2, 1888.
• 58-2255a: Validating certain defective and irregular guardians' deeds recorded after March 1, 1888, and prior to April 1, 1919.
• 58-2256: Failure to return to owners certain instruments pertaining to real estate; demand.
• 58-2257: Instruments pertaining to real estate; failure to return to owners; remedies.
• 58-2258: Records of deeds destroyed by fire in Elk county; validation; time for presenting proof of invalidity.
• 58-2259: Recorded deeds executed pursuant to district or probate court proceedings in Dickinson county prior to January 17, 1882, validated; time for attacking.
• 58-2260: Validating certain Riley county probate court recorded deeds and instruments executed prior to July 12, 1951; time for attacking.
• 58-2261: Same; validating certain recorded judgments or orders rendered prior to July 12, 1951; time for attacking.
• 58-2262: Validating certain proceedings prior to January 1, 1948, and certain deeds recorded prior to July 1, 1948; time for attacking.
• 58-2263: Validating certain instruments recorded prior to January 1, 1944.
• 58-2264: Insurance charges other than premiums on insurance written in connection with transactions unlawful.
• 58-2265: Same; instrument requiring insurance; disclosure of insurance information.
• 58-2266: Same; definitions.
• 58-2267: Same; construction of act.
• 58-2268: Same; penalties for violations.
• 58-2269: Validation of certain deeds executed to convey certain real estate purchased by county in tax foreclosure actions and later sold by county.
• 58-2270:
• 58-2271: Abandoned pipeline easements; release, failure to file, remedy.
• 58-2272: Instruments conveying interest involving wind resources and technologies.
• 58-2273: Instruments purporting to cover mineral or royalty rights not owned by grantor; "mother hubbard" or other cover-all clauses.

• 58-2201: Who deemed seized and possessed of lands. All persons owning lands not held by an adverse possession, shall be deemed to be seized and possessed of the same.

        History:   G.S. 1868, ch. 22, § 1; Oct. 31; R.S. 1923, 67-201.

• 58-2202: Term "heirs" not necessary to estate in fee simple; what shall pass in conveyance of real estate. The term "heirs," or other words of inheritance, shall not be necessary to create or convey an estate in fee simple; and every conveyance of real estate shall pass all the estate of the grantor therein, unless the intent to pass a less estate shall expressly appear or be necessarily implied in the terms of the grant.

        History:   G.S. 1868, ch. 22, § 2; Oct. 31; R.S. 1923, 67-202.

• 58-2203: Form of warranty deed. Any conveyance of lands, worded in substance as follows: A.B. conveys and warrants to C.D. (here describe the premises), for the sum of (here insert the consideration), the said conveyance being dated, duly signed and acknowledged by the grantor, shall be deemed and held a conveyance in fee simple to the grantee, his or her heirs and assigns, with covenants from the grantor, for himself or herself and his or her heirs and personal representatives, that the grantor is lawfully seized of the premises, has good right to convey the same and guarantees the quiet possession thereof, that the same are free from all encumbrances, and the grantor will warrant and defend the same against all lawful claims.

        History:   L. 1887, ch. 151, § 1; June 20; R.S. 1923, 67-203.

• 58-2204: Form of quitclaim deed. Any conveyance of lands, worded in substance as follows: A.B. quitclaims to C.D. (here describe the premises), for the sum of (here insert the consideration), the said conveyance being duly signed and acknowledged by the grantor, shall be deemed to be a good and sufficient conveyance in quitclaim to the grantee, his or her heirs and assigns.

        History:   L. 1887, ch. 151, § 2; June 20; R.S. 1923, 67-204.

• 58-2205: How conveyances executed and acknowledged. Conveyances of land, or of any other estate or interest therein, may be made by deed, executed by any person having authority to convey the same, or by that person's agent or attorney, and may be acknowledged and recorded as herein directed, without any other act or ceremony whatever.

        History:   G.S. 1868, ch. 22, § 3; Oct. 31; R.S. 1923, 67-205.

• 58-2206: Corporation conveyances executed prior to 1887 validated. All deeds, contracts and conveyances executed and acknowledged by private corporations, under and pursuant to section four of chapter twenty-two of the General Statutes of 1868, be and the same are hereby ratified and confirmed; and all instruments of writing executed and acknowledged under and pursuant to said section, now copied into the proper books of the office of the register of deeds of the several counties of this state, shall, upon the passage of this act, be deemed to impart to subsequent purchasers and encumbrancers, and all other persons, notice of all deeds, mortgages, powers of attorney, conveyances, contracts, and other instruments of writing, so far as and to the extent that the same may be found recorded, copied, or noted in such books of records, notwithstanding any defect in the execution, acknowledgment, recording, or certificate of recording the same; and the record of such instrument, or a duly authenticated copy thereof, shall be competent evidence whenever it shall be made to appear by the party's own oath or otherwise, the original is shown to be lost, or not in the possession or under the control of the party wishing to use the same: Provided, That nothing herein contained shall be construed to affect any rights heretofore acquired by subsequent grantees, assignees, or encumbrancers.

        History:   L. 1887, ch. 115, § 1; March 18; R.S. 1923, 67-206.

• 58-2207: Title acquired after conveyance passes to grantee, when. Where a grantor by the terms of his or her deed undertakes to convey to the grantee an indefeasible estate in fee simple absolute, and shall not at the time of such conveyance have the legal title to the estate sought to be conveyed, but shall afterwards acquire it, the legal estate subsequently acquired by the grantor shall immediately pass to the grantee; and such conveyance shall be as effective as though such legal estate had been in the grantor at the time of conveyance.

        History:   G.S. 1868, ch. 22, § 5; Oct. 31; R.S. 1923, 67-207.

• 58-2208: Adverse possession; interest may be conveyed notwithstanding. Any person claiming title to real estate may, notwithstanding there may be an adverse possession thereof, sell and convey his or her interest therein, in the same manner and with like effect as if he or she was in the actual possession thereof.

        History:   G.S. 1868, ch. 22, § 6; Oct. 31; R.S. 1923, 67-208.

• 58-2209: Conveyance of real estate; signature required. All deeds or other conveyances of lands, or of any estate or interest therein, shall be subscribed by the party granting the same, or by the party's lawful agent or attorney, and may be acknowledged or proved and certified in the manner prescribed by the uniform law on notarial acts and K.S.A. 58-2216 and amendments thereto.

        History:   G.S. 1868, ch. 22, § 7; R.S. 1923, 67-209; L. 1984, ch. 201, § 15; July 1.

• 58-2210: Creation of trusts or powers, how executed. Declarations or creations of trusts or powers, in relation of real estate, must be executed in the same manner as deeds of conveyance; but this provision does not apply to trusts resulting from the operation or construction of law.

        History:   G.S. 1868, ch. 22, § 8; Oct. 31; R.S. 1923, 67-210.

• 58-2211: Acknowledgment of instrument relating to real estate. All conveyances, and other instruments affecting real estate must be acknowledged before a person authorized by the uniform law on notarial acts to perform notarial acts or, if acknowledged within this state, by a county clerk, register of deeds or mayor or clerk of an incorporated city.

        History:   G.S. 1868, ch. 22, § 9; R.S. 1923, 67-211; L. 1973, ch. 134, § 47; L. 1984, ch. 201, § 16; July 1.

• 58-2212:

        History:   G.S. 1868, ch. 22, § 10; R.S. 1923, 67-212; L. 1973, ch. 134, § 48; Repealed, L. 1984, ch. 201, § 17; July 1.

• 58-2213:

        History:   G.S. 1868, ch. 22, § 11; R.S. 1923, 67-213; Repealed, L. 1984, ch. 201, § 17; July 1.

• 58-2214: Unacknowledged deed; proof of execution and delivery. If the grantor die before acknowledging the deed, or if for any other reason the grantor's attendance cannot be procured, in order to make the acknowledgment, or if, having appeared, the grantor refuses to acknowledge it, proof of the due execution and delivery of the deed may be made by any competent testimony.

        History:   G.S. 1868, ch. 22, § 12; Oct. 31; R.S. 1923, 67-214.

• 58-2215: Same; before whom proof made. Such proof may be made before any court or officer authorized to take acknowledgments as aforesaid.

        History:   G.S. 1868, ch. 22, § 13; Oct. 31; R.S. 1923, 67-215.

• 58-2216: Same; certificate, contents. The certificate endorsed upon the deed thus proved must state: First. The title of the court or officer taking the proof. Second. That it was satisfactorily proved that the grantor was dead, or that, for some other cause, the grantor's attendance could not be procured, in order to make the acknowledgment, or that, having appeared, he or she refused to acknowledge the deed. Third. The names of the witnesses by whom the proof was made, and that it was proved by them that the instrument was executed by the person whose name is thereunto subscribed as a party.

        History:   G.S. 1868, ch. 22, § 14; Oct. 31; R.S. 1923, 67-216.

• 58-2216a, 58-2216b:

        History:   L. 1943, ch. 233, §§ 1, 2; Repealed, L. 1945, ch. 258, § 3; March 30.

• 58-2216c:

        History:   L. 1945, ch. 258, § 1; L. 1955, ch. 299, § 1; L. 1961, ch. 294, § 1; Repealed, L. 1984, ch. 201, § 17; July 1.

• 58-2216d:

        History:   L. 1945, ch. 258, § 2; Repealed, L. 1984, ch. 201, § 17; July 1.

• 58-2217: How certificates must be given. The certificate of proof or acknowledgment, as aforesaid, may be given under seal or otherwise, according to the mode by which the courts or officers granting the same usually authenticate their official acts.

        History:   G.S. 1868, ch. 22, § 15; Oct. 31; R.S. 1923, 67-217.

• 58-2218: False statement and certificate; penalty. Any officer who knowingly states a material untruth, in either of the certificates herein contemplated, may be indicted, and fined in any sum not exceeding the value of the property conveyed or otherwise affected by the instrument on which such certificate is endorsed.

        History:   G.S. 1868, ch. 22, § 16; Oct. 31; R.S. 1923, 67-218.

• 58-2219: Subpoena of witnesses. Any court or officer having power to take the proof herein contemplated may issue the necessary subpoenas, and compel the attendance of witnesses residing within the county by attachment, if necessary.

        History:   G.S. 1868, ch. 22, § 17; Oct. 31; R.S. 1923, 67-219.

• 58-2220:

        History:   G.S. 1868, ch. 22, § 18; R.S. 1923, 67-220; Repealed, L. 1965, ch. 345, § 1; June 30.

• 58-2221: Recordation of instruments conveying or affecting real estate; duties of register of deeds. Every instrument in writing that conveys:

        (a)   Real estate;

        (b)   any estate or interest created by an oil and gas lease;

        (c)   any estate or interest created by any lease or easement involving wind resources and technologies to produce and generate electricity; or

        (d)   whereby any real estate may be affected, proved or acknowledged, and certified in the manner hereinbefore prescribed, may be recorded in the office of register of deeds of the county in which such real estate is situated. It shall be the duty of the register of deeds to file the same for record immediately, and in those counties where a numerical index is maintained in the register of deeds' office, the register of deeds shall compare such instrument, before copying the same in the record, with the last record of transfer in the register of deeds' office of the property described. If the register of deeds finds such instrument contains apparent errors, the register of deeds shall not record the instrument until the grantee has been notified, if such notice is reasonably possible.

        The grantor, lessor, grantee or lessee or any other person conveying or receiving real property or other interest in real property upon recording the instrument in the office of register of deeds shall furnish the register of deeds the full name and last known post-office address of the person to whom the property is conveyed or such person's designee. The register of deeds shall forward such information to the county clerk of the county who shall make any necessary changes in address records for mailing tax statements.

        History:   G.S. 1868, ch. 22, § 19; L. 1913, ch. 134, § 1; R.S. 1923, 67-221; L. 1953, ch. 297, § 1; L. 1972, ch. 366, § 2; L. 1973, ch. 221, § 1; L. 2004, ch. 127, § 1; July 1.

• 58-2222: Same; filing imparts notice. Every such instrument in writing, certified and recorded in the manner hereinbefore prescribed, shall, from the time of filing the same with the register of deeds for record, impart notice to all persons of the contents thereof; and all subsequent purchasers and mortgagees shall be deemed to purchase with notice.

        History:   G.S. 1868, ch. 22, § 20; Oct. 31; R.S. 1923, 67-222.

• 58-2223: Same; unrecorded instrument valid only between parties having actual notice. No such instrument in writing shall be valid, except between the parties thereto, and such as have actual notice thereof, until the same shall be deposited with the register of deeds for record.

        History:   G.S. 1868, ch. 22, § 21; Oct. 31; R.S. 1923, 67-223.

• 58-2223a:

        History:   L. 1967, ch. 310, § 1; L. 1968, ch. 336, § 2; Repealed, L. 1991, ch. 162, § 9; July 1.

• 58-2223b:

        History:   L. 1967, ch. 310, § 2; L. 1969, ch. 274, § 1; L. 1989, ch. 164, § 1; Repealed, L. 1991, ch. 162, § 9; July 1.

• 58-2223c:

        History:   L. 1967, ch. 310, § 3; Repealed, L. 1991, ch. 162, § 9; July 1.

• 58-2223d:

        History:   L. 1967, ch. 310, § 4; L. 1968, ch. 336, § 1; L. 1969, ch. 274, § 2; L. 1975, ch. 292, § 1; Repealed, L. 1991, ch. 162, § 9; July 1.

• 58-2223e:

        History:   L. 1967, ch. 310, § 5; Repealed, L. 1991, ch. 162, § 9; July 1.

• 58-2224: Recordation of instruments, papers or documents; making of photographic or microphotographed copies deemed recording and record books, when. Wherever the statutes require court records, deeds, patents, plats, charters of corporations, certificates of decrease of capital stock or other instruments, papers, or documents, to be recorded by any city, county or state officer, the making of photographic copies of such instruments, papers or documents, or the making of microphotographed copies shall be deemed recording. Photographic copies may be bound, paged and indexed wherever it is so provided for instruments, papers, or documents, recorded by hand, and such photographic copies when bound together shall be deemed record books. Microphotographed copies shall be placed in conveniently accessible files with provisions made for their preservation, examination and ready use by those persons lawfully entitled to view them and when such conditions are met they shall be deemed record books. This act shall be supplemental to existing statutes.

        History:   L. 1915, ch. 286, § 1; R.S. 1923, 67-224; L. 1970, ch. 218, § 1; July 1.

• 58-2225:

        History:   G.S. 1868, ch. 22, § 22; R.S. 1923, 67-225; Repealed, L. 1943, ch. 232, § 4; March 22.

• 58-2226:

        History:   G.S. 1868, ch. 22, § 23; R.S. 1923, 67-226; Repealed, L. 1943, ch. 232, § 4; March 22.

• 58-2227:

        History:   G.S. 1868, ch. 22, § 24; R.S. 1923, 67-227; Repealed, L. 1943, ch. 232, § 4; March 22.

• 58-2228: Validity of instruments acknowledged in other states. All deeds, mortgages, powers of attorney and other instruments of writing for the conveyance or encumbrance of any lands, tenements or hereditaments situate within this state, executed and acknowledged or proved in any other state, territory, or country, in conformity with the laws of such state, territory, or country, or in conformity with the laws of this state, shall be as valid as if executed within this state in conformity with the provisions of this act.

        History:   G.S. 1868, ch. 22, § 25; Oct. 31; R.S. 1923, 67-228.

• 58-2229: Instruments as evidence. Every instrument in writing, conveying or affecting real estate, which shall be acknowledged or proved and certified as hereinbefore prescribed, may, together with the certificates of acknowledgment or proof, be read in evidence without further proof.

        History:   G.S. 1868, ch. 22, § 26; Oct. 31; R.S. 1923, 67-229.

• 58-2230: Same; certified copies as evidence, when; authenticated copies from other states; recordation. Copies of such instrument, or of the record of the same, duly certified by the register of deeds of the county in which the same may have been recorded, shall, upon proof of the loss or destruction of the original instrument, or that it is not under the control of the person desiring to use the same, be read in evidence with like effect and on the same conditions as the original instrument; and that copies of any instrument of writing conveying or affecting real estate in this state, duly authenticated by the proper custodians of the records of other states, where any such instrument shall have been recorded for ten years and upwards, shall be received as prima facie evidence in all courts of record in this state, of the existence of the originals of such instruments of writing and of the proper record of the same, and may be recorded in the counties in this state wherein the real estate affected by them is situated, with like effect and upon the same conditions as the original instrument.

        History:   G.S. 1868, ch. 22, § 27; L. 1870, ch. 87, § 11; May 12; R.S. 1923, 67-230.

• 58-2231: Instruments recorded prior to 1868 as notice. All instruments of writing now copied into the proper books of the office of register of deeds of the several counties of this state, shall, upon the passage of this act, be deemed to impart to subsequent purchasers and encumbrancers, and all other persons whomsoever, notice of all deeds, mortgages, powers of attorney, contracts, conveyances, or other instruments, so far as, and to the extent that, the same may be found recorded, copied or noted in said books of record, notwithstanding any defects existing in the execution, acknowledgment, recording or certificate of recording the same; and the record of any such instrument, or a duly authenticated copy thereof, shall be competent evidence whenever, by the party's own oath or otherwise, the original is shown to be lost, or not belonging to the party wishing to use the same, or not within his or her control: Provided, That nothing herein contained shall be construed to affect any rights heretofore acquired in the hands of subsequent grantees, assignees or encumbrancers.

        History:   G.S. 1868, ch. 22, § 28; Oct. 31; R.S. 1923, 67-231.

• 58-2232: Certificate, record or transcript not conclusive evidence. Neither the certificate nor the record, nor the transcript thereof, is conclusive evidence of the fact therein stated.

        History:   G.S. 1868, ch. 22, § 29; Oct. 31; R.S. 1923, 67-232.

• 58-2233: Previous acts not invalidated. Nothing herein contained shall invalidate any act already done.

        History:   G.S. 1868, ch. 22, § 30; Oct. 31; R.S. 1923, 67-233.

• 58-2234: Validation of acknowledgments made by register of deeds. All acknowledgments of deeds and other instruments of writing, for record in this state, which have already been taken by registers of deeds, with or without an impression of an official seal, are hereby recognized, confirmed, and made valid.

        History:   G.S. 1868, ch. 22, § 31; Oct. 31; R.S. 1923, 67-234.

• 58-2235: Record of defective instruments made prior to 1887 as notice. All instruments of writing now copied into the proper books of the office of register of deeds of the several counties of the state shall, upon the passage of this act, be deemed to impart to subsequent purchasers and encumbrancers, and all other persons whomsoever, notice of all deeds, mortgages, releases, powers of attorney, contracts, conveyances, or other instruments, so far as and to the extent that the same may be found recorded, copied or noted in said books of record, notwithstanding any defects existing in the execution, acknowledgment, either from the fact that the officer taking such acknowledgment failed to attach the officer's seal to such instrument, or that the register of deeds failed to record such seal, or for any other cause, recording, or certificate of recording the same; and the record of any such instrument, or a duly authenticated copy thereof, shall be competent evidence whenever by the party's own oath or otherwise the original is shown to be lost, or not belonging to the party wishing to use the same, or not within his or her control: Provided, That nothing herein contained shall be construed to affect any rights heretofore acquired in the hands of subsequent grantees, assignors or encumbrancers.

        History:   L. 1887, ch. 15, § 1; March 18; R.S. 1923, 67-235.

• 58-2236: Record of defective instruments made prior to 1901 as notice. All deeds, mortgages, releases, powers of attorney, leases, contracts, conveyances and other instruments of writing now recorded, copied or noted in the proper books of the office of register of deeds of the several counties in the state of Kansas shall, upon the passage of this act, be deemed to impart notice to subsequent purchasers, encumbrancers, lessees and all other persons whomsoever so far as and to the extent that such deeds, mortgages, releases, powers of attorney, leases, contracts, conveyances and other instruments of writing may be found recorded, copied or noted on said books of record, notwithstanding any defects existing in the execution, acknowledgment, certificate of acknowledgment, recording or certificate of recording of the same; and the record of any such instrument or a duly authenticated copy thereof shall be competent evidence whenever, by the party's own oath or otherwise, the original is shown to be lost or not belonging to the party wishing to use the same or not within his or her control: Provided, That nothing herein contained shall be construed to affect any rights acquired prior to the passage of this act.

        History:   L. 1901, ch. 124, § 1; May 1; R.S. 1923, 67-236.

• 58-2237: Certain defective instruments validated after being on record ten years; instrument, record or copy as evidence. When any instrument of writing shall have been on record in the office of the register of deeds in the proper county for the period of ten (10) years, and there is a defect in such instrument because it has not been signed by the proper officer of any corporation, or because of any discrepancy in the corporate name, or because the corporate seal of the corporation has not been impressed on such instrument, or because the record does not show such seal, or because such instrument is not acknowledged, or because of any defect in the execution, acknowledgment, recording or certificate of recording the same, such instrument shall, from and after the expiration of ten (10) years from the filing thereof for record, be valid as though such instrument had, in the first instance, been in all respects duly executed, acknowledged, and certified, and contained the true corporate name, and such instrument shall, after the expiration of ten (10) years from the filing of the same for record, impart to subsequent purchasers, encumbrancers and all other persons whomsoever, notice of such instrument of writing so far as and to the same extent that the same may then be recorded, copied or noted in such books of record, notwithstanding such defect.

        Such instrument or the record thereof, or a duly authenticated copy thereof, shall be competent evidence without requiring the original to be produced or accounted for to the same extent that written instruments, duly executed and acknowledged, or the record thereof, are competent: Provided, That nothing herein contained shall be construed to affect any rights acquired by grantees, assignees or encumbrancers subsequent to the filing of such instrument for record and prior to the expiration of ten (10) years from the filing of such instrument for record.

        History:   L. 1905, ch. 324, § 1; R.S. 1923, 67-237; L. 1961, ch. 295, § 1; June 30.

• 58-2238: Escheats of alien's property to state forfeited, when. Where real estate in this state might be claimed to have escheated to the state by reason of the heirs at law of a citizen of the United States, who died intestate owning such land, being aliens and incapable of inheriting, which land has heretofore been conveyed by such alien heir or heirs, to a citizen of the United States for a valuable consideration, and has been occupied in reliance upon said conveyance, without an adverse claim or title or right thereto having been asserted by the state for more than twenty-five years subsequent to such conveyance, the title and possession of such grantee, or his or her heirs or assigns, shall never be questioned in any manner, by or on behalf of the state of Kansas, and the state shall be deemed to have forever forfeited all title or right it may have ever had thereto.

        History:   L. 1919, ch. 192, § 1; March 19; R.S. 1923, 67-238.

• 58-2239: County clerk to keep transfer record; separate records for tax-exempt lands. The county clerk of each county in this state shall keep in his or her office a book of record, which shall be denominated the transfer record, in which shall be entered all transfers of lands or lots in the clerk's county. Upon presentation of a deed of conveyance of real estate, the county clerk shall enter on the transfer record the description of the real estate as described in said conveyance, and attach his or her certificate to the conveyance, that the proper transfers have been entered upon the records of the clerk's office. A separate transfer record shall be maintained for all lands or lots which are exempt from taxation under the constitution or statutes of Kansas.

        History:   L. 1877, ch. 145, § 1; R.S. 1923, 67-239; L. 1963, ch. 325, § 1; June 30.

• 58-2240: Furnishing of information on transfer record to appraiser. At the time the county clerk makes the entry on the real estate transfer records, such clerk shall forthwith provide the county appraiser with the information entered thereon together with the names of the owners thereof.

        History:   L. 1877, ch. 145, § 2; R.S. 1923, 67-240; L. 1982, ch. 391, § 22; July 1.

• 58-2241: Duty of register of deeds to enter instruments on transfer record. It shall be the duty of the register of deeds, when he or she shall receive any instrument conveying real estate which has not been entered on the transfer record to have such instrument entered on said transfer record immediately upon the recording of the same in his or her office.

        History:   L. 1877, ch. 145, § 3; L. 1915, ch. 173, § 1; R.S. 1923, 67-241; L. 1968, ch. 165, § 2; L. 1973, ch. 222, § 1; July 1.

• 58-2242:

        History:   L. 1877, ch. 145, § 4; R.S. 1923, 67-242; Repealed, L. 1951, ch. 371, § 1; June 30.

• 58-2242a: Decree or judgment changing ownership or title to real estate; entry upon transfer records. Whenever any decree or judgment entered by a district court has become final and such decree or judgment shall change the ownership or the title to real estate, the clerk of the district court shall file with or exhibit to the county clerk of the proper county the original or a certified copy of such decree or judgment, for entry upon the transfer records of the clerk's office. No fee shall be required for making such entry.

        History:   L. 1945, ch. 263, § 1; L. 1989, ch. 174, § 1; L. 1990, ch. 198, § 2; July 1.

• 58-2243:

        History:   L. 1889, ch. 1, § 1; L. 1903, ch. 1, § 1; R.S. 1923, 67-243; Repealed, L. 1941, ch. 348, § 14; June 30.

• 58-2244:

        History:   L. 1889, ch. 1, § 2; R.S. 1923, 67-244; Repealed, L. 1941, ch. 348, § 14; June 30.

• 58-2245:

        History:   L. 1889, ch. 1, § 3; R.S. 1923, 67-245; Repealed, L. 1941, ch. 348, § 14; June 30.

• 58-2246:

        History:   L. 1889, ch. 1, § 4; R.S. 1923, 67-246; Repealed, L. 1941, ch. 348, § 14; June 30.

• 58-2247: Title by adverse possession of land for public park. Whenever by gift or donation from any fee title owner any city has received and taken possession of any ground within such city and used the same for a public park for fifteen years or longer and during such time has been in undisputed possession thereof, the title to any such ground so used is hereby vested in such city although no formal deed of conveyance by the grantor was ever executed or recorded.

        History:   L. 1913, ch. 77, § 1; April 30; R.S. 1923, 67-247.

• 58-2248: Recording title to lands patented by state to railroads. Laws 1879, chapter 132, section 1, included by reference. [The title to the act is as follows: "An act providing for recording of deeds and abstracts of title to certain lands patented by the state of Kansas to railroad companies." Act provided that the register of the state land office certify proper records to be recorded in the counties because of the patents having included, in one instrument, lands lying in different counties.]

        History:   R.S. 1923, 67-248.

• 58-2249: Protection of bona fide purchasers of Indian land. Laws 1881, chapter 112, section 1, and Laws 1874, chapter 79, sections 2 and 3, included by reference. [The act of 1874 was entitled "An Act to protect the bona fide purchasers of Indian lands." The act of 1881 amended and repealed section 1 of the act of 1874. The essential provision was that the census roll and the allotment roll of any tribe of Indians, except as to certain lands in Johnson county, made in pursuance of any treaty between the United States and any tribe of Indians, be received in evidence in all courts in this state.]

        History:   R.S. 1923, 67-249.

• 58-2250 to 58-2251a:

        History:   L. 1927, ch. 134, §§ 1 to 3; Repealed, L. 1947, ch. 335, § 1; June 30.

• 58-2252: Validating defective assignments and releases of trust deeds. In any case where a trust deed upon real estate in Kansas, given to secure the payment of a note payable to some person other than the trustee named in the trust deed, has been assigned or released by the trustee, without the payee in the note joining in such assignment or release, such assignment or release shall be deemed to be valid and the lien of such trust deed shall be deemed to be canceled notwithstanding the trustee is a trustee in name only and the trust deed gives the trustee no power to collect the debt or release the trust deed: Provided, That this act shall not apply to any assignment or release which has not been recorded in the office of the register of deeds in the county where the land is situated at least ten (10) years prior to the taking effect of this act: And provided further, That this act shall not apply to any trust deed unless the debt secured thereby shall be due and payable for at least ten (10) years prior to the taking effect of this act.

        History:   L. 1931, ch. 241, § 1; May 28.

• 58-2253: Action to set aside defective assignment or releases of trust deeds or to foreclose; time limit. Any holder or assignee of any trust deed of the character mentioned in the preceding section, or any holder or assignee of the note secured by such trust deed, and assignment or release of which executed by the trustee only has been on record in the county where the land is situated for more than ten (10) years prior to the taking effect of this act and more than ten (10) years have elapsed since the time the indebtedness secured by such trust deed became due and payable, shall have six (6) months from the taking effect of this act in which to commence an action to set aside such assignment or release or to foreclose such trust deed, and if such action shall not be commenced within said period of six (6) months then such holder or assignee of said trust deed and the holder or assignee of the note secured thereby shall forever be barred from bringing any action to set aside such assignment or release or to foreclose such trust deed.

        History:   L. 1931, ch. 241, § 2; May 28.

• 58-2254: Time for bringing actions to enforce claims and liens filed in register of deed's office; exception. Except as provided further, whenever any person files in the office of register of deeds any affidavit, caveat or statement of any kind, signed by or on behalf of the claimant only, whether acknowledged or not, purporting to set forth any claim against, interest in or lien upon any real property belonging to another, if not based on a written instrument signed by the party to be charged, such claim, interest or lien shall, after expiration of 30 days from date of filing the same, no longer constitute any claim against, interest in or lien upon such real property, unless, within such time, the claimant shall begin an action in a court of competent jurisdiction to enforce such claim. This section shall not apply to such affidavit, caveat or statement which is a notice of nonpayment of dues or assessment filed by a residential subdivision homeowners' association pursuant to a previously recorded homeowners' association declaration that authorizes the filing of such notice and states a time limitation within which an action must be brought to foreclose the lien of the unpaid dues or assessment referenced in the notice.

        History:   L. 1935, ch. 244, § 1; L. 1992, ch. 122, § 1; July 1.

• 58-2255: Validating certain defective and irregular guardians' deeds recorded prior to March 2, 1888. Any and all deeds purported to have been executed or which have been executed by guardians of an insane person which have been recorded in the office of the register of deeds in any county in the state of Kansas purporting to convey any real estate shall be deemed to be valid notwithstanding any defects in execution, acknowledgment, certificate of acknowledgment, recording, certificate of recording, or any defects in the proceedings in the district court for authority to execute such deed or any lack of authority from the district court for the execution and delivery of such deed. This act shall not apply to any such deed which has not been recorded in the office of the register of deeds in the county in which the land is situated at least fifty years prior to the taking effect of this act.

        History:   L. 1938, ch. 49, § 1; L. 1976, ch. 145, § 203; Jan. 10, 1977.

• 58-2255a: Validating certain defective and irregular guardians' deeds recorded after March 1, 1888, and prior to April 1, 1919. Any and all deeds purported to have been executed or which have been executed by guardians of an insane or other incompetent person subsequent to March 1, 1888, and which have been recorded in the office of the register of deeds in any county of the state, purporting to convey any real estate shall be deemed to be valid notwithstanding any defects in execution, acknowledgment, certificate of acknowledgment, recording, certificate of recording, or any defects in the proceedings in the district court for authority to execute such deed or any lack of authority from the district court for the execution and delivery of such deed. This act shall not apply to any such deed which has not been recorded in the office of the register of deeds in the county in which the land is situated at least forty (40) years prior to the taking effect of this act. Any person desiring to present proof of the invalidity or partial invalidity of any such deed shall have one year after the effective date of this act within which to bring proceedings attacking any such deed.

        History:   L. 1959, ch. 261, § 1; L. 1976, ch. 145, § 204; Jan. 10, 1977.

• 58-2256: Failure to return to owners certain instruments pertaining to real estate; demand. When any person, firm, partnership, corporation or association shall have in his, her or its possession any deed, real estate mortgage, or other instrument pertaining to real estate, which said deed, real estate mortgage or other instrument is the property of another and to which said deed, real estate mortgage or other instrument the owner is entitled to possession, it shall be the duty of such person, firm, partnership, corporation or association having such possession to return said instrument to the owner.

        In the event of failure of such holder to return such instrument when the owner, or his or her lawful agent, may demand of such holder the possession of such instrument by written demand by registered letter sent to the holder's last known address: Provided further, The provisions of this act shall not apply to any instrument which is deposited with a person, firm, partnership, corporation or association under an escrow agreement.

        History:   L. 1941, ch. 282, § 1; June 30.

• 58-2257: Instruments pertaining to real estate; failure to return to owners; remedies. (a) If the holder of an instrument pertaining to real estate neglects or refuses to return such instrument within twenty (20) days after the date of the mailing of demand therefor in accordance with K.S.A. 58-2256 and amendments thereto, the owner of the instrument may sue in any court of competent jurisdiction to:

        (1)   Obtain the instrument;

        (2)   recover the sum of five hundred dollars ($500) as damages for the wrongful detention of the instrument; or

        (3)   obtain the instrument and recover damages as provided in paragraph (2) of this subsection.

        In any such action, the owner of the instrument may recover all costs, together with a reasonable attorney's fee for preparing and prosecuting the suit. The owner may also recover any additional damages that the evidence in the case will warrant. In all such actions, writs of attachments may issue as in other cases.

        (b)   The provisions of this act shall not apply to any instrument upon which an attorney or other person has a statutory lien and has complied with the provisions of the statutes relating thereto.

        History:   L. 1941, ch. 282, § 2; L. 1980, ch. 163, § 2; July 1.

• 58-2258: Records of deeds destroyed by fire in Elk county; validation; time for presenting proof of invalidity. Any deed executed by a sheriff, administrator, executor, guardian or other officer of the court pursuant to proceedings in the district court or probate court of Elk county, Kansas, prior to October 24, 1906, which deed has been recorded in the office of the register of deeds, and the records of such proceedings were destroyed by fire on such date, is hereby confirmed and validated and the title conveyed by any such deed is hereby declared to be merchantable to the extent of the interest therein conveyed: Provided, That any person desiring to present proof of the invalidity or partial invalidity of any such deed or of such proceedings shall have one year after the effective date of this act within which to file proceedings attacking such deed or proceedings.

        History:   L. 1945, ch. 262, § 1; July 1.

• 58-2259: Recorded deeds executed pursuant to district or probate court proceedings in Dickinson county prior to January 17, 1882, validated; time for attacking. Any deed executed by a sheriff, administrator, executor, guardian or other officer of the court pursuant to proceedings in the district court or probate court of Dickinson county, Kansas, prior to January 17, 1882, which deed has been recorded in the office of the register of deeds, is hereby confirmed and validated and the title conveyed by any such deed is hereby declared to be merchantable to the extent of the interest therein conveyed: Provided, That any person desiring to present proof of the invalidity or partial invalidity of any such deed or of such proceedings shall have one year after the effective date of this act within which to bring proceedings attacking such deed or proceedings.

        History:   L. 1947, ch. 337, § 1; July 1.

• 58-2260: Validating certain Riley county probate court recorded deeds and instruments executed prior to July 12, 1951; time for attacking. Any deed executed by, or any other official instrument executed by, an administrator, executor, guardian or officers of said court, affecting and relating to any title of real estate, pursuant to proceedings in the probate court of Riley county, Kansas, prior to July 12, 1951, which deed or other official act executed has been recorded in the office of the register of deeds, is hereby confirmed and validated and the title conveyed by any such deed or any other official instrument, executed by any such officer of said court, affecting and relating to any interest in real estate is hereby declared to be merchantable to the extent of the interest conveyed, or to the extent of any interest affected by an official act executed by any said officer of said court: Provided, That any person desiring to present proof of the invalidity or partial invalidity of any such deed or such official act, or such proceedings shall have one (1) year after the effective date of this act within which to bring proceedings attacking such deed, such official act or proceedings: And provided further, That infancy, incompetency, or nonresidence shall not affect the operation of this act.

        History:   L. 1953, ch. 299, § 1; July 1.

• 58-2261: Same; validating certain recorded judgments or orders rendered prior to July 12, 1951; time for attacking. Any judgment or order, rendered by said probate court pursuant to proceedings in said court, affecting and relating to any title of real estate prior to July 12, 1951, which judgment or order has been recorded in said probate court, is hereby confirmed and validated, and the title or interest affected by and relating to any real estate by any such judgment or order is hereby declared to be merchantable to the extent of any interest affected by any such judgment or order: Provided, That any person desiring to present proof of the invalidity or partial invalidity of any such judgment or order or of such proceedings relating thereto shall have one (1) year after the effective date of this act within which to bring proceedings attacking such judgment, order or proceedings: And provided further, That infancy, incompetency, or nonresidence shall not affect the operation of this act.

        History:   L. 1953, ch. 299, § 2; July 1.

• 58-2262: Validating certain proceedings prior to January 1, 1948, and certain deeds recorded prior to July 1, 1948; time for attacking. In all cases where any county has bid in and purchased real estate in any tax foreclosure action and the same has been conveyed to such county by the sheriff prior to January 1, 1948, and the proceedings by which such county purchased and received a conveyance of such real estate were not in compliance with the applicable existing law at the time the same were had, such proceedings are hereby validated and confirmed; and all deeds executed by any county clerk conveying any such real estate so acquired by any county which have been recorded in the office of the register of deeds of the proper county prior to July 1, 1948, are hereby validated and confirmed and the title conveyed by any such deed is hereby declared merchantable to the extent of the interest therein conveyed: Provided, That any person desiring to present proof of the invalidity or partial invalidity of any such deed shall have one year after the effective date of this act within which to bring proceedings attacking such deed.

        History:   L. 1953, ch. 455, § 1; June 30.

• 58-2263: Validating certain instruments recorded prior to January 1, 1944. Any sheriff's deed, receiver's deed, administrator's deed, executor's deed, special master's deeds, guardian's deed and conveyance by a trustee in bankruptcy, which was recorded in the office of register of deeds in any county of the state of Kansas prior to January 1, 1944, shall be conclusively presumed to have conveyed the clear and merchantable title to the real estate therein described to the extent of the interest owned by the judgment debtor, defendant, estate or ward, and purported to be conveyed by said deed as against all persons other than those in actual possession of the premises on the effective date of this act, notwithstanding any actual or purported defect in the execution or acknowledgment thereof and notwithstanding any actual or purported defects, mistakes, errors or omissions in the proceedings had or the pleadings, orders or publication notices filed in the court which caused to be held the sale upon which said deed is based: Provided, That this act shall not apply to any such deed which has been placed of record in the office of register of deeds in the county in which the land is situated subsequent to January 1, 1944: Provided further, That any person desiring to present proof of the invalidity or partial invalidity of any such deed shall have one (1) year after the effective date of this act within which to bring proceedings attaching or seeking to set aside any such deed or questioning the merchantability or extent of the title which is conveyed: Provided further, That infancy, incompetency or nonresidence shall not affect the operation of this act.

        History:   L. 1961, ch. 297, § 1; L. 1963, ch. 326, § 1; L. 1969, ch. 275, § 1; L. 1970, ch. 219, § 1; July 1.

• 58-2264: Insurance charges other than premiums on insurance written in connection with transactions unlawful. It shall be unlawful for any mortgagee, vendor, holder, or lender in connection with any insurance required as additional security for a loan on real estate to make any separate charge to either an insurance company, insurance agency, borrower, mortgagor or purchaser other than the insurance premium on insurance written in connection with such transaction according to law: Provided, That the term "separate charge" as used in this act shall not include the interest which may be charged on premium loans or premium advancements in accordance with the security instrument.

        History:   L. 1961, ch. 298, § 1; June 30.

• 58-2265: Same; instrument requiring insurance; disclosure of insurance information. Whenever the instrument requires that the purchaser, mortgagor or borrower furnish insurance of any kind on real property being conveyed or is collateral security to a loan, the mortgagee, vendor or lender shall refrain from disclosing or using any and all such insurance information to his, her or its own advantage and to the detriment of either the borrower, purchaser, mortgagor, insurance company or agency complying with the requirements relating to insurance.

        History:   L. 1961, ch. 298, § 2; June 30.

• 58-2266: Same; definitions. Whenever the words mortgagee, vendor, lender or holder are used herein, it [they] shall also mean all agents, officers, employees, representatives or assigns of said mortgagee, vendor, lender or holder.

        History:   L. 1961, ch. 298, § 3; June 30.

• 58-2267: Same; construction of act. Nothing in this act shall be construed as preventing a mortgagee, lender, vendor, or holder from requiring insurance on the collateral for any financial transaction that is not otherwise specifically prohibited by law and exercising a reasonable privilege of approval or disapproval of the insurance provided for such purpose by the borrower, mortgagor or purchaser.

        History:   L. 1961, ch. 298, § 4; June 30.

• 58-2268: Same; penalties for violations. Every violation of any of the provisions of this act shall subject the person, firm, partnership or corporation violating the same to a penalty of not to exceed five hundred dollars ($500) for each violation or by imprisonment not to exceed six (6) months in the county jail, or both, and any violation or violations in the name of a corporation shall subject the corporation to a forfeiture of its charter.

        History:   L. 1961, ch. 298, § 5; June 30.

• 58-2269: Validation of certain deeds executed to convey certain real estate purchased by county in tax foreclosure actions and later sold by county. Any deed executed by a county clerk of any county purporting to convey real estate bid in and purchased by the county in any tax foreclosure action and sold by the county commissioners at a reduced price as authorized by K.S.A. 79-2804f, and acts amendatory thereof, which deed has been recorded in the office of the register of deeds of the county in which such property is situated prior to July 1, 1960, shall be valid notwithstanding any failure of or defects in advertising the sale of such real estate prior to execution and delivery of such deed as provided in said K.S.A. 79-2804f: Provided, That any person desiring to present proof of invalidity or partial invalidity of any such deed based on such failure of or defect in advertising shall have one (1) year after the effective date of this act within which to bring proceedings attacking such deed.

        History:   L. 1963, ch. 324, § 1; July 1.

• 58-2270:

        History:   L. 1967, ch. 303, § 1; Repealed, L. 1972, ch. 213, § 1; July 1.

• 58-2271: Abandoned pipeline easements; release, failure to file, remedy. (a) For the purposes of this section, a pipeline easement shall be considered abandoned if the pipeline is removed from the easement without provision for replacing of the pipeline, or if no pipeline is placed in the easement within ten years after the easement is granted.

        (b)   If the grantee or assignee of record of a recorded pipeline easement abandons such easement, the grantee or assignee of record, within 20 days after requested by the owner of the property subject to the easement, shall file a release of the easement with the register of deeds of the counties in which the property is located.

        (c)   If a grantee or assignee of record of a pipeline easement refuses or neglects to file a release when required by subsection (b), the owner of the property may bring an action in a court of competent jurisdiction to recover from the grantee or assignee of record damages in the amount of $500, together with costs and reasonable attorney fees for preparing and prosecuting the action. The owner may recover such additional damages as the evidence warrants.

        (d)   As used in this section, "pipeline" means any pipeline designed to deliver an energy product other than for sale at retail.

        History:   L. 1981, ch. 219, § 1; July 1.

• 58-2272: Instruments conveying interest involving wind resources and technologies. Every instrument that conveys any estate or interest created by any lease or easement involving wind resources and technologies to produce and generate electricity shall include:

        (a)   A description of the real property subject to the easement and a description of the real property benefitting from the wind lease or easement;

        (b)   a description of the vertical and horizontal angles, expressed in degrees, and distances from the site of the wind power system in which an obstruction to the wind is prohibited or limited;

        (c)   all terms or conditions under which the lease or easement is granted or may be terminated, except that if the instrument is recorded under K.S.A. 58-2221, and amendments thereto, any compensation received by the owner of the real property may be excluded; and

        (d)   any other provisions necessary or desirable to execute the instrument.

        History:   L. 2004, ch. 127, § 2; July 1.

• 58-2273: Instruments purporting to cover mineral or royalty rights not owned by grantor; "mother hubbard" or other cover-all clauses. (a) When a recorded deed or conveyance covering mineral or royalty rights purports to cover mineral or royalty rights not owned by the grantor, or such deed or conveyance includes a general conveyance provision, including, but not limited to, a "mother hubbard" clause or other cover-all clause, for other property conveyed by grantor and such general conveyance provision should not have been included in such deed or conveyance, then any party with an interest in the real estate covered by such deed or conveyance may make written demand upon the grantee or grantor, as applicable, by certified mail, return receipt requested, to rescind or reform the general conveyance provision.

        (b) (1)   Any grantee or grantor who refuses or neglects to correct or reform such legal description in the office of the register of deeds within 30 days after written demand has been made as provided in subsection (a), unless a longer period has been agreed to in writing by the parties, shall be liable in damages to the party for whom the demand was made in the sum equal to the greater of: (A) An amount up to $10,000 per title affected, or (B) an amount equal to the fair market value of the mineral or royalty interests actually conveyed by such general conveyance clause and not specifically described in the instrument, and reasonable attorney's fee for preparing and prosecuting the action before any court of competent jurisdiction. The plaintiff in such action may recover any additional damages that the evidence in the case warrants.

        (2)   If such legal description has not been corrected or reformed within the time period allowed under paragraph (1), the court shall expedite an action brought by any party pursuant to K.S.A. 60-1002, and amendments thereto, to quiet title. Such court ruling shall not relieve the grantee or grantor, as applicable, from any damages allowed under paragraph (1) nor relieve the grantee or grantor from any responsibilities under the provisions of this section.

        (c)   The remedies provided under this section shall not affect other remedies or damages provided by statute or law.

        (d)   A suit must be filed under this section within two years after the date the party making demand has actual knowledge of the improper legal description or conveyance.

        (e)   As used in this section:

        (1)   "Mother hubbard clause" means a provision in a deed or other instrument in writing which is intended to convey an interest in real estate and which describes the property to be conveyed as all of the grantor's property in a certain county;

        (2)   "general conveyance provision" means a provision in a deed or other instrument describing an interest in real estate which, in addition to referring to the real estate specifically described in such deed or other instrument, describes unspecified other mineral or royalty rights or interests of the grantor in an entire township, county or state; and

        (3)   "deed or conveyance covering mineral or royalty rights" means any deed or conveyance covering the grantor's mineral rights or the grantor's royalty rights.

        History:   L. 2004, ch. 127, § 3; July 1.