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. Law Review and Bar Journal References: "Railroad Right of Way: The Real Property Interest in Kansas," Tim Pittman, 25 W.L.J. 327, 346 (1986). CASE ANNOTATIONS 1. Section construed and applied in action for disparagement of title. Glimac Oil Co. v. Weiner, 150 Kan. 430, 431, 432, 94 P.2d 309. 2. Filing affidavit without commencing action within 30 days without legal effect. Phoenix Joint Stock Land Bank v. Eells, 158 Kan. 530, 532, 148 P.2d 732. 3. Section inapplicable where party declaring absolute ownership of property in statement. Cornell University v. Howard, 170 Kan. 633, 635, 637, 638, 639, 228 P.2d 680. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents USEFUL LINKS Session Laws Kansas Administrative Regulations OTHER LEGISLATIVE SITES Kansas Legislature Administrative Services Division of Post Audit Research Department Contact Us PDF Help www.ksrevisor.gov 2026