Chapter 58 — PERSONAL AND REAL PROPERTY

58-2009. Rules and regulations; fees; existing rules and regulations continued in effect. (a) The secretary of the state historical society shall: (1) Adopt rules and regulations fixing fees for the filing of documents under K.S.A. 58-2011, and amendments thereto, and the providi…

58-2010. Public agencies to provide information upon request; payment of cost. Any city, county or state department, board or agency having information or records which will enable the secretary of the state historical society to carry out the provisions of this act shall furnish…

58-2011. Report of survey, filing; filing of reports relating to altered or destroyed markers; reproduction of survey records; fees; land survey fee fund created. (a) Whenever a survey originates from a United States public land survey corner or any related accessory, the land su…

58-20a01. Kansas plane coordinate system. The most recent system of plane coordinates established by the national oceanic and atmospheric administration's national geodetic survey, or a successor agency, based on the national spatial reference system, for defining and stating the…

58-20a02. Use in land descriptions. The Kansas plane coordinate system shall be named in any land description in which it is used, and the zone used shall be specified in the description, and if applicable, the geodetic datum and the epoch of the coordinates in decimal years. His…

58-20a03. Plane coordinate values. The plane coordinate values for a point on the earth's surface used to express the geographic position or location of such point in the appropriate zone of the Kansas plane coordinate system, shall consist of two distances expressed in feet and …

58-20a04. Describing land tracts, use of plane coordinate system. Descriptions of tracts of land by reference to subdivisions, lines or corners of the United States public land survey, or other original pertinent surveys, are hereby recognized as the basic and prevailing method f…

58-20a05. Tracts in more than one zone. When any tract of land to be defined by a single description extends from one zone into other adjacent zones, the position of all points on its boundaries shall be referred exclusively to only one of the multiple zones, the zone that is use…

58-20a06. History: L. 1995, ch. 80, § 6; Repealed, L. 2024, ch. 12, § 10; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents U…

58-20a07. Limitation of use on maps and documents. The use of the term Kansas plane coordinate system on any map, report of survey, or other document shall be limited to coordinates based on the Kansas plane coordinate system. History: L. 1995, ch. 80, § 7; L. 2024, ch. 12, § 9; …

58-20a08. Use of other datums and geodetic reference networks. The provisions of this act shall not be construed to prohibit the appropriate use of other datums and other geodetic reference networks, established by a state agency or county, such as the Kansas regional coordinate …

58-20a09. Plane coordinate system, defined. The Kansas coordinate systems of 1983 and 1927 were established for defining and stating the geographic positions or locations of points on the surface of the earth within the state of Kansas. The 1983 system is based on the geodetic re…

58-20a10. Citation of act. The provisions of K.S.A. 58-20a01 through 58-20a08*, and 58-20a08 through 58-20a10, and amendments thereto, shall be known and may be cited as the Kansas plane coordinate system act. History: L. 2024, ch. 12, § 3; July 1. Revisor's Note: * Reference to …

58-2101. Recordation; fees of register of deeds. Patents issued by the government of the United States, or copies of such patents properly certified from the general land office of the United States, and patents issued by the state of Kansas, or copies of such patents, properly c…

58-2102. Certified copy of record as evidence. A copy of the record of such patent, or of such certified copy of patent, as may have been heretofore or may be hereafter so recorded, duly certified by the register of deeds under the register's official seal as being a true copy of…

58-2103. Certified copy of patent as evidence. A certified copy of United States patent to land, certified to by the proper officer having such records in custody for the federal government as a true copy of the original patent issued by the president of the United States of Amer…

[Repealed or reserved.]

[Repealed or reserved.]

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; October 31; R.S. 1923, 67-201. Law Review and Bar Journal References: Real estat…

58-2202. The term heirs is 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 …

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, s…

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 t…

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 her…

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…

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 sou…

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 wa…

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 i…

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 …

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 revised uniform law on notarial acts to perform notarial acts or, if acknowledged within this state, …

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. Source or prior law: L. 1964, ch. 47, § 1. CASE ANNOTATIONS 1. Cited in holding Kansas corporation not doing business in Missouri. City Ice Co. v. Quivi…

58-2213. History: G.S. 1868, ch. 22, § 11; R.S. 1923, 67-213; Repealed, L. 1984, ch. 201, § 17; July 1. CASE ANNOTATIONS 1. Acknowledgment examined and held sufficient. Munger v. Baldridge, 41 Kan. 236, 242, 21 P. 159. Questioned: Nagle v. Tieperman, 74 Kan. 32, 42, 85 P. 941, 88…

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…

58-2215. Proof made before court or certain officers. Such proof may be made before any court or officer authorized to take acknowledgments as aforesaid. History: G.S. 1868, ch. 22, § 13; October 31; R.S. 1923, 67-215. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Poli…

58-2216. Contents of certificate. 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…

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. Source or prior law: 58-2216a. CASE ANNOTATIONS 1. Recorded unacknowledged revocation of power of attorney does not impart notice. Horney v. Buffenbar…

58-2216d. History: L. 1945, ch. 258, § 2; Repealed, L. 1984, ch. 201, § 17; July 1. Source or prior law: 58-2216a. CASE ANNOTATIONS 1. Recorded unacknowledged revocation of powers of attorney does not impart notice. Horney v. Buffenbarger, 169 Kan. 342, 347, 219 P.2d 345. 2. Wher…

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, §…

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 instrumen…

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; October 31; …

58-2220. History: G.S. 1868, ch. 22, § 18; R.S. 1923, 67-220; Repealed, L. 1965, ch. 345, § 1; June 30. CASE ANNOTATIONS 1. Recorded unacknowledged revocation of power of attorney does not impart notice. Horney v. Buffenbarger, 169 Kan. 342, 347, 219 P.2d 345. Previous | Next LEG…

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 …

58-2222. Filing of instrument 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 a…

58-2223. 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. Histo…

58-2223a. History: L. 1967, ch. 310, § 1; L. 1968, ch. 336, § 2; Repealed, L. 1991, ch. 162, § 9; July 1. CASE ANNOTATIONS 1. Appeal from order directing inspection of records held to be moot question. Sybrant v. Williams, 206 Kan. 469, 470, 479 P.2d 814. Previous | Next LEGISLAT…

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. CASE ANNOTATIONS 1. Appeal from order directing inspection of records held to be moot question. Sybrant v. Williams, 206 Kan. 469, 470, 479 P.2d 814. 2…

58-2223c. History: L. 1967, ch. 310, § 3; Repealed, L. 1991, ch. 162, § 9; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents …

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. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF S…

58-2223e. History: L. 1967, ch. 310, § 5; Repealed, L. 1991, ch. 162, § 9; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents …

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 …

58-2225. History: G.S. 1868, ch. 22, § 22; R.S. 1923, 67-225; Repealed, L. 1943, ch. 232, § 4; March 22. Revisor's Note: Later act, see 58-601. CASE ANNOTATIONS 1. Power of attorney to convey is not power to mortgage. Gaylord v. Stebbins, 4 Kan. 42. 2. The scope covered by genera…