reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 22 - Conveyances Of Land › 58-2237 Certain defective instruments validated after being on record ten years; instrument, record or copy as evidence.

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.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 22 - Conveyances Of Land › 58-2238 Escheats of alien's property to state forfeited, when.

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.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 22 - Conveyances Of Land › 58-2239 County clerk to keep transfer record; separate records for tax-exempt lands.

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.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 22 - Conveyances Of Land › 58-2240 Furnishing of information on transfer record to appraiser.

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.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 22 - Conveyances Of Land › 58-2241 Duty of register of deeds to enter instruments on transfer record.

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.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 22 - Conveyances Of Land › 58-2242a Decree or judgment changing ownership or title to real estate; entry upon transfer records.

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.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 22 - Conveyances Of Land › 58-2247 Title by adverse possession of land for public park.

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.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 22 - Conveyances Of Land › 58-2248 Recording title to lands patented by state to railroads.

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.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 22 - Conveyances Of Land › 58-2249 Protection of bona fide purchasers of Indian land.

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.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 22 - Conveyances Of Land › 58-2252 Validating defective assignments and releases of trust deeds.

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.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 22 - Conveyances Of Land › 58-2253 Action to set aside defective assignment or releases of trust deeds or to foreclose; time limit.

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.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 22 - Conveyances Of Land › 58-2254 Time for bringing actions to enforce claims and liens filed in register of deed's office; exception.

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.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 22 - Conveyances Of Land › 58-2255 Validating certain defective and irregular guardians' deeds recorded prior to March 2, 1888.

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; January 10, 1977.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 22 - Conveyances Of Land › 58-2255a Validating certain defective and irregular guardians' deeds recorded after March 1, 1888, and prior to April 1, 1919.

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; January 10, 1977.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 22 - Conveyances Of Land › 58-2256 Failure to return to owners certain instruments pertaining to real estate; demand.

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.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 22 - Conveyances Of Land › 58-2257 Instruments pertaining to real estate; failure to return to owners; remedies.

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.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 22 - Conveyances Of Land › 58-2258 Records of deeds destroyed by fire in Elk county; validation; time for presenting proof of invalidity.

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.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 22 - Conveyances Of Land › 58-2259 Recorded deeds executed pursuant to district or probate court proceedings in Dickinson county prior to January 17, 1882, validated; time for attacking.

58-2259.
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.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 22 - Conveyances Of Land › 58-2260 Validating certain Riley county probate court recorded deeds and instruments executed prior to July 12, 1951; time for attacking.

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.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 22 - Conveyances Of Land › 58-2261 Same; validating certain recorded judgments or orders rendered 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.
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.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 22 - Conveyances Of Land › 58-2262 Validating certain proceedings prior to January 1, 1948, and certain deeds recorded prior to July 1, 1948; 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.
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.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 22 - Conveyances Of Land › 58-2263 Validating certain instruments recorded prior to January 1, 1944.

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.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 22 - Conveyances Of Land › 58-2264 Insurance charges other than premiums on insurance written in connection with transactions unlawful.

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.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 22 - Conveyances Of Land › 58-2265 Same; instrument requiring insurance; disclosure of insurance information.

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.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 22 - Conveyances Of Land › 58-2266 Same; definitions.

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.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 22 - Conveyances Of Land › 58-2267 Same; construction of act.

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.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 22 - Conveyances Of Land › 58-2268 Same; penalties for violations.

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.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 22 - Conveyances Of Land › 58-2269 Validation of certain deeds executed to convey certain real estate purchased by county in tax foreclosure actions and later sold by county.

58-2269.
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.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 22 - Conveyances Of Land › 58-2271 Abandoned pipeline easements; release, failure to file, remedy.

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.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 22 - Conveyances Of Land › 58-2272 Instruments conveying interest involving wind or solar resources and technologies.

58-2272. Instruments conveying interest involving wind or solar resources and technologies.
(a) Every instrument that conveys any estate or interest created by any lease or easement involving wind or solar resources and technologies to produce and generate electricity shall include:
(1) A description of the real property subject to the easement and a description of the real property benefitting from the wind or solar lease or easement;
(2) a description of the vertical and horizontal angles, expressed in degrees, and distances from the site of the wind or solar power system in which an obstruction to the wind or solar system is prohibited or limited;
(3) 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
(4) any other provisions necessary or desirable to execute the instrument.
(b) No person other than the surface owner of a tract of land shall have the right to use such land for the production of wind or solar generated energy unless granted such right by the lawful owner of the surface estate by lease or easement for a definite period.
(c) The provisions of subsection (b) shall not apply to any lease or easement filed of record prior to July 1, 2011, with the register of deeds of the county in which the tract is located.
(d) Nothing in this section shall be construed to affect any otherwise enforceable restriction on the use of any tract of land for the production of wind or solar energy whether or not such restriction is in the form of an easement for a definite term.
History:
L. 2004, ch. 127, § 2; L. 2011, ch. 52, § 2; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 23 - Mortgages Of Real Property › 58-2301 Lien jurisdiction; possession in mortgagor.

58-2301.
Lien jurisdiction; possession in mortgagor.
In the absence of stipulations to the contrary, the mortgagor of real property may retain the possession thereof.
History:
G.S. 1868, ch. 68, § 1; October 31; R.S. 1923, 67-301.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 23 - Mortgages Of Real Property › 58-2302 Deed as mortgage.

58-2302.
Deed as mortgage.
When a deed of real property purports to be an absolute conveyance, but is intended to be defeasible on the performance of certain conditions, such deed shall not be defeated or affected as against any person other than the grantee or his or her heirs or devisees, or persons having actual notice, unless an instrument of defeasance, duly executed and acknowledged, shall have been recorded in the office of the register of deeds of the county where the lands lie.
History:
G.S. 1868, ch. 68, § 2; October 31; R.S. 1923, 67-302.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 23 - Mortgages Of Real Property › 58-2303 Short form of mortgage; warranty.

58-2303.
Short form of mortgage; warranty.
Any mortgage of lands, worded in substance as follows: "A.B. mortgages and warrants to C.D. (here describe the premises), to secure the payment of (here insert the sum for which the mortgage is granted, or the notes or other evidences of debt, or description thereof, sought to be secured, also the date of payment)," the said mortgage being dated, and duly signed and acknowledged by the grantor, shall be deemed and held to be a good and sufficient mortgage to the grantee, his or her heirs, assigns, executors and administrators, with warranty from the grantor and his or her legal representatives of a perfect title in the grantor, and against all previous encumbrances; and if in the above form the words "and warrants" be omitted, the mortgage shall be good without warranty.
History:
L. 1887, ch. 151, § 3; June 20; R.S. 1923, 67-303.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 23 - Mortgages Of Real Property › 58-2304 Assignments; recording not notice to mortgagor.

58-2304.
Assignments; recording not notice to mortgagor.
The recording of the assignment of a mortgage shall not be deemed of itself notice to a mortgagor, his or her heirs or personal representatives, so as to invalidate any payment made by them or either of them to the mortgagee.
History:
G.S. 1868, ch. 68, § 3; October 31; R.S. 1923, 67-304.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 23 - Mortgages Of Real Property › 58-2305 Purchase money mortgage; priority.

58-2305.
Purchase money mortgage; priority.
A mortgage given by a purchaser to secure the payment of purchase money shall have preference over a prior judgment against such purchaser.
History:
G.S. 1868, ch. 68, § 4; October 31; R.S. 1923, 67-305.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 23 - Mortgages Of Real Property › 58-2308 Discharge or assignment of mortgage to be recorded at length.

58-2308.
Discharge or assignment of mortgage to be recorded at length.
Every such instrument, and the proof or acknowledgment thereof, shall be recorded at full length by the register of deeds, and a reference shall be made to the book and page containing such record or to the microphotograph number in the general or numerical indexes under the notation that such mortgage has been assigned or satisfied.
History:
G.S. 1868, ch. 68, § 7; R.S. 1923, 67-308; L. 1971, ch. 86, § 3; L. 1977, ch. 191, § 2; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 23 - Mortgages Of Real Property › 58-2310 Same; application to mortgages heretofore paid.

58-2310.
Same; application to mortgages heretofore paid.
K.S.A. 58-2309 shall be construed so as to apply to mortgages heretofore paid, but not discharged of record: Provided, That if the residence of the holder of such mortgage can be ascertained, no action shall be brought until demand is made in accordance with said section; but such demand need not be in writing, and will be excused if the residence of the holder of such mortgage cannot, with due diligence, be ascertained.
History:
L. 1889, ch. 175, § 2; March 6; R.S. 1923, 67-310.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 23 - Mortgages Of Real Property › 58-2311 Same; joinder of actions.

58-2311.
Same; joinder of actions.
In any action commenced in the district court to recover damages under the provisions of this act, the plaintiff may unite with such claim a cause of action to cancel the mortgage and remove the cloud from the title; and if plaintiff recovers damages in such action, he or she shall be entitled to a further judgment canceling such mortgage and quieting the title to the mortgaged premises; and where personal service of summons cannot be had on the defendant or defendants within this state, judgment canceling such mortgage may be rendered in the action upon proof of due service by publication, or upon due personal service obtained out of this state.
History:
L. 1889, ch. 175, § 3; March 6; R.S. 1923, 67-311.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 23 - Mortgages Of Real Property › 58-2312 Stipulation for attorney fees void.

58-2312.
Stipulation for attorney fees void.
Except as otherwise provided by law, any note, mortgage or other credit agreement may provide for the payment of reasonable costs of collection, including, but not limited to, court costs, attorney fees and collection agency fees, except that such costs of collection: (1) May not include costs that were incurred by a salaried employee of the creditor or its assignee; and (2) may not include the recovery of both attorney fees and collection agency fees.
History:
L. 1876, ch. 77, § 1; R.S. 1923, 67-312; L. 1994, ch. 276, § 3; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 23 - Mortgages Of Real Property › 58-2314 Unenforced foreclosure judgment; entry as cancellation and release of mortgage.

58-2314.
Unenforced foreclosure judgment; entry as cancellation and release of mortgage.
(a) Whenever real estate mortgages have been, or shall be, foreclosed by judgment of the district court in any county in the state of Kansas, and no renewal affidavit shall have been filed or no execution or orders of sale shall have been issued thereon within five years and no proceedings have been instituted in accordance with the provisions of K.S.A. 60-2404 and amendments thereto to revive the judgment and no appeal has been taken for a period of seven years from the date of the entry of the judgment of foreclosure, then it shall be the duty of the clerk of the court, on application of any party in interest, to record in the office of the register of deeds in which the mortgage is recorded, an instrument giving the date of the entry of the judgment of foreclosure with the page of the journal or the microphotograph number in which the judgment is recorded, together with the statement that no renewal affidavit was filed, nor execution or order of sale issued within five years, nor any proceedings to revive the judgment were instituted within seven years from the date of the entry of the judgment. The recorded instrument shall operate as a cancellation and release of the mortgage.
(b) A "renewal affidavit" is a statement under oath, signed by the judgment creditor or the judgment creditor's attorney, filed in the proceedings in which the judgment was entered and stating the remaining balance due and unpaid on the judgment.
The five-year period specified in this section shall not run during any period in which the enforcement of the judgment by legal process is stayed or prohibited.
History:
L. 1913, ch. 230, § 1; R.S. 1923, 67-314; L. 1971, ch. 86, § 5; L. 1974, ch. 233, § 1; L. 1976, ch. 196, § 2; L. 1977, ch. 191, § 3; L. 1990, ch. 207, § 1; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 23 - Mortgages Of Real Property › 58-2315 Removal of buildings unlawful, when.

58-2315.
Removal of buildings unlawful, when.
It shall be unlawful for any person to remove any building, outhouse or shed off from any real property upon which there is an unsatisfied mortgage properly recorded in the office of the register of deeds in the county where such real property is situate, without first obtaining from the mortgagee, his or her agent or assign, written permission for such removal.
History:
L. 1889, ch. 177, § 1; March 6; R.S. 1923, 67-315.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 23 - Mortgages Of Real Property › 58-2316 Same; effect of removal; sale of buildings.

58-2316.
Same; effect of removal; sale of buildings.
The removal of any building, outhouse or shed from any real property upon which there is an unsatisfied mortgage properly recorded, as mentioned in the first section of this act, shall not destroy the lien of such mortgage upon such removed property, and it shall be the duty of the court in any action brought to foreclose any mortgage, where it is shown that the property from which said building, outhouse or shed has been removed is insufficient to satisfy such mortgage, to decree the sale of said building, outhouse or shed, wherever the same may be located, in satisfaction of such mortgage: Provided, That the land from which said building, outhouse or shed was removed shall first be sold.
History:
L. 1889, ch. 177, § 2; March 6; R.S. 1923, 67-316.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 23 - Mortgages Of Real Property › 58-2317 Same; penalty.

58-2317.
Same; penalty.
Any person convicted of a violation of K.S.A. 58-2315 shall be punished by a fine of not less than one hundred dollars nor more than five hundred dollars, and by imprisonment in the county jail not less than two months nor more than six months.
History:
L. 1889, ch. 177, § 3; March 6; R.S. 1923, 67-317.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 23 - Mortgages Of Real Property › 58-2318 Execution of assignments and releases of mortgages by corporations.

58-2318.
Execution of assignments and releases of mortgages by corporations.
All assignments and releases of mortgages by a corporation shall be valid when executed by the president, vice-president, secretary, cashier, treasurer or any other officer of such corporation so authorized by corporate resolution. Any assignment or release of a mortgage by a corporation which was executed on or after March 8, 1974, and prior to the effective date of this act, by one of the corporate officers designated herein, with or without attestation by the corporate seal, is hereby declared to be a legal and valid act of such corporation.
History:
L. 1911, ch. 225, § 1; R.S. 1923, 67-318; L. 1974, ch. 234, § 1; L. 1975, ch. 293, § 1; L. 1994, ch. 250, § 2; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 23 - Mortgages Of Real Property › 58-2319 Assignments, acknowledgment of; name and address of assignee.

58-2319.
Assignments, acknowledgment of; name and address of assignee.
All assignments of real estate mortgages hereafter made shall be acknowledged by the assignor in the manner provided for the acknowledgment of other instruments affecting the title to real estate, and all such assignments shall clearly set forth the full name of the assignee, together with the assignee's post-office address.
History:
L. 1899, ch. 168, § 1; March 15; R.S. 1923, 67-319.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 23 - Mortgages Of Real Property › 58-2320 Assignments, cost of acknowledgment and recording.

58-2320.
Assignments, cost of acknowledgment and recording.
The acknowledgment and recording of the assignments of real estate mortgages herein provided for in no event shall be chargeable to the mortgagor, his or her heirs, representatives, or assigns.
History:
L. 1899, ch. 168, § 2; March 15; R.S. 1923, 67-320.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 23 - Mortgages Of Real Property › 58-2321 Assignments not recorded; whom mortgagor may pay.

58-2321.
Assignments not recorded; whom mortgagor may pay.
In cases where assignments of real estate mortgages are made after the passage of this act, if such assignments are not recorded, the mortgagor, his or her heirs, personal representatives, or assigns, may pay all matured interest or the principal debt itself prior to the recording of such assignment to the mortgagee, or if an assignment of such mortgage has been made that duly appears of record, then such payment may be made to the last assignee whose assignment is recorded in accordance with the provisions of this act, and such payment shall be effectual to extinguish all claims against such mortgagor, his or her heirs, personal representatives, and assigns, for or on account of such interest or such principal indebtedness; and no transfer of any note, bond or other evidence of indebtedness, by endorsement or otherwise, where such indebtedness is secured by mortgage on real estate within this state, shall prevent or operate to defeat the defense of payment of such interest or principal by the mortgagor, his or her heirs, personal representatives, or assigns, where such payment has been made to the mortgagee or to the assignee whose assignment appears last of record under the provisions of this act: Provided, however, That in all such cases the assignee who may hold such unrecorded assignment shall have a right of action against his or her assignor to recover the amount of any such payment of interest or principal made to such assignor as upon an account for money had and received for the use of such assignee.
History:
L. 1899, ch. 168, § 3; March 15; R.S. 1923, 67-321.