Certain interests not barred or extinguished

58-3408. Certain interests not barred or extinguished. This act shall not be applied to bar or extinguish: (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. Law Review and Bar Journal References: "Kansas' Marketable Record Title Act," Christel E. Marquardt, 13 W.L.J. 33, 46 (1974). "Rule Against Perpetuities in Kansas," David Lee Barber, 19 W.L.J. 284 (1980). Attorney General's Opinions: Marketable record title act; effect of extension of twenty-five-year period on existing interests. 84-94. 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