History: L. 1973, ch. 227, § 1; July 1.
(a) "Muniments" means the records of title transactions in the chain of title of a person purporting to create the interest in land claimed by the person and upon which the person relies as a basis for the marketability of the person's title, commencing with the root of title and including all subsequent transactions.
(b) "Person" means an individual, partnership, corporation, organization or other association.
(c) "Person dealing with land" includes a purchaser of any estate or interest therein, a mortgagee, a levying or attaching creditor, a land contract vendee or any other person seeking to acquire an estate or interest therein, or impose a lien thereon.
(d) "Recording," when applied to the official public records of any office or court, includes filing.
(e) "Records" includes probate and other official public records, as well as records in the office of the register of deeds.
(f) "Root of title" means that conveyance or other title transaction in the chain of title of a person, purporting to create the interest claimed by the person, upon which the person relies as a basis for the marketability of the person's title and which was the most recent to be recorded as of a date 25 years prior to the time when marketability is being determined. The effective date of the root of title is the date on which it is recorded.
(g) "Title transaction" means any transaction affecting title to any interest in land, including title by will, descent, tax deed, mineral deed, lease or reservation; by trustee's, referee's, guardian's, conservator's, executor's, administrator's, master in chancery's or sheriff's deed; by decree of any court; or by warranty deed, quitclaim deed or mortgage.
History: L. 1973, ch. 227, § 2; L. 1984, ch. 206, § 1; July 1.
History: L. 1973, ch. 227, § 3; L. 1984, ch. 206, § 2; July 1.
(a) All interests and defects which are inherent in the muniments of which the chain of record title is formed, but a general reference in any muniment to an interest created prior to the root of title shall not be sufficient to preserve the interest, unless specific identification is made in the muniment of a recorded title transaction which creates the interest;
(b) all interests preserved by the filing of proper notice or by possession by the same owner continuously for a period of 25 years or more, in accordance with K.S.A. 58-3406 and amendments thereto;
(c) the rights of any person arising from a period of adverse possession or user, which was in whole or in part subsequent to the effective date of the root of title;
(d) any interest arising out of a title transaction which has been recorded subsequent to the effective date of the root of title from which the unbroken chain of title of record is started, except that the recording shall not revive or give validity to any interest which has been extinguished prior to the time of the recording by the operation of K.S.A. 58-3405 and amendments thereto; and
(e) the exceptions stated in K.S.A. 58-3408 and amendments thereto.
History: L. 1973, ch. 227, § 4; L. 1975, ch. 298, § 1; L. 1984, ch. 206, § 3; July 1.
History: L. 1973, ch. 227, § 5; July 1.
(b) A period of possession shall be considered equivalent to the filing of the notice immediately preceding the termination of the twenty-five-year period described in subsection (a) if:
(1) The same record owner of any possessory interest in land has been in possession of the land continuously for a period of 25 years or more;
(2) during those 25 years no title transaction with respect to the interest appears of record in the record owner's chain of title;
(3) no notice has been filed by the record owner or on the record owner's behalf as provided in subsection (a); and
(4) the record owner's possession continues to the time when marketability is being determined.
(c) It shall not be necessary for the owner of a marketable record title to file a notice to protect the owner's marketable record title.
History: L. 1973, ch. 227, § 6; L. 1984, ch. 206, § 4; July 1.
History: L. 1973, ch. 227, § 7; July 1.
(a) The right to possession of any lessor or any lessor's successor, as a reversioner, on the expiration of any lease;
(b) the rights in and to any lease of any lessee or any lessee's successor;
(c) any interest of a mortgagee, or interest in the nature of that of a mortgagee, until after the instrument under which the interest is claimed becomes due and payable, except that, where the instrument has no due date expressed, the twenty-five-year period shall commence to run from the date of recording of the instrument;
(d) any mineral interest which has been severed from the fee simple title of the land;
(e) any easement or interest in the nature of an easement, or any rights granted, reserved or excepted by any instrument creating such an easement or interest;
(f) use restrictions or area agreements which are part of a plan for subdivision development;
(g) the rights of any reversioner or remainderman upon the expiration of any life estate or trust;
(h) rights of reverter or rights of entry for condition broken; or
(i) any right, title or interest of the United States or the state of Kansas by reason of failure to file the notice required by this act.
History: L. 1973, ch. 227, § 8; L. 1984, ch. 206, § 5; July 1.
History: L. 1973, ch. 227, § 9; July 1.
History: L. 1973, ch. 227, § 10; July 1.
History: L. 1973, ch. 227, § 11; July 1.
History: L. 1973, ch. 227, § 12; L. 1984, ch. 206, § 6; July 1.