Chapter 58 — PERSONAL AND REAL PROPERTY

58-2226. History: G.S. 1868, ch. 22, § 23; R.S. 1923, 67-226; Repealed, L. 1943, ch. 232, § 4; March 22. CASE ANNOTATIONS 1. Effect of not recording power of attorney; power not avoided. Huselton v. Liggett, 110 Kan. 145, 152, 202 P. 972. Previous | Next LEGISLATIVE COORDINATING …

58-2227. History: G.S. 1868, ch. 22, § 24; R.S. 1923, 67-227; Repealed, L. 1943, ch. 232, § 4; March 22. Revisor's Note: Later act, see 58-602. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES …

58-2228. Validity of instruments acknowledged in other states. All deeds, mortgages, powers of attorney and other instruments of writing for the conveyance or encumbrance of any lands, tenements or hereditaments situate within this state, executed and acknowledged or proved in an…

58-2229. Instruments as evidence. Every instrument in writing, conveying or affecting real estate, which shall be acknowledged or proved and certified as hereinbefore prescribed, may, together with the certificates of acknowledgment or proof, be read in evidence without further p…

58-2230. Certified copies as evidence, when; authenticated copies from other states; recordation. Copies of such instrument, or of the record of the same, duly certified by the register of deeds of the county in which the same may have been recorded, shall, upon proof of the loss…

58-2231. Instruments recorded prior to 1868 as notice. All instruments of writing now copied into the proper books of the office of register of deeds of the several counties of this state, shall, upon the passage of this act, be deemed to impart to subsequent purchasers and encum…

58-2232. Certificate, record or transcript not conclusive evidence. Neither the certificate nor the record, nor the transcript thereof, is conclusive evidence of the fact therein stated. History: G.S. 1868, ch. 22, § 29; October 31; R.S. 1923, 67-232. Previous | Next LEGISLATIVE …

58-2233. Previous acts not invalidated. Nothing herein contained shall invalidate any act already done. History: G.S. 1868, ch. 22, § 30; October 31; R.S. 1923, 67-233. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meet…

58-2234. Validation of acknowledgments made by register of deeds. All acknowledgments of deeds and other instruments of writing, for record in this state, which have already been taken by registers of deeds, with or without an impression of an official seal, are hereby recognized…

58-2235. Record of defective instruments made prior to 1887 as notice. All instruments of writing now copied into the proper books of the office of register of deeds of the several counties of the state shall, upon the passage of this act, be deemed to impart to subsequent purcha…

58-2236. Record of defective instruments made prior to 1901 as notice. All deeds, mortgages, releases, powers of attorney, leases, contracts, conveyances and other instruments of writing now recorded, copied or noted in the proper books of the office of register of deeds of the s…

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 the…

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 inhe…

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 o…

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…

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 t…

58-2242. History: L. 1877, ch. 145, § 4; R.S. 1923, 67-242; Repealed, L. 1951, ch. 371, § 1; June 30. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School…

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 …

58-2243. History: L. 1889, ch. 1, § 1; L. 1903, ch. 1, § 1; R.S. 1923, 67-243; Repealed, L. 1941, ch. 348, § 14; June 30. Revisor's Note: Later act, see 58-2802. CASE ANNOTATIONS 1. Abstracter not a public officer. Allen v. Hopkins, 62 Kan. 175, 176, 61 P. 750. 2. Abstracter and …

58-2244. History: L. 1889, ch. 1, § 2; R.S. 1923, 67-244; Repealed, L. 1941, ch. 348, § 14; June 30. Revisor's Note: Later act, see 58-2804. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Arc…

58-2245. History: L. 1889, ch. 1, § 3; R.S. 1923, 67-245; Repealed, L. 1941, ch. 348, § 14; June 30. CASE ANNOTATIONS 1. Liability for inaccurate abstract on abstracter's land. Turbett v. Marty, 122 Kan. 149, 152, 251 P. 182. Previous | Next LEGISLATIVE COORDINATING COUNCIL Gener…

58-2246. History: L. 1889, ch. 1, § 4; R.S. 1923, 67-246; Repealed, L. 1941, ch. 348, § 14; June 30. Revisor's Note: Later act, see 58-2810. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Arc…

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 b…

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 rai…

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 a…

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 trus…

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…

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 cla…

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 …

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 …

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…

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…

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 co…

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…

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…

58-2261. 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, wh…

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 b…

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 o…

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 s…

58-2265. 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 len…

58-2266. 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. Previous | Nex…

58-2267. 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 priv…

58-2268. Criminal penalties for violations of act. 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 no…

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 fo…

58-2270. History: L. 1967, ch. 303, § 1; Repealed, L. 1972, ch. 213, § 1; July 1. CASE ANNOTATIONS 1. Curative statute impairing vested property rights unconstitutional. Davis, Administrator v. Union Pacific Railway Co., 206 Kan. 40, 476 P.2d 635. Previous | Next LEGISLATIVE COOR…

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 plac…

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 inclu…

58-2273. Instruments purporting to cover mineral or royalty rights not owned by grantor; "mother hubbard" or other cover-all clauses. (a) When a recorded deed or conveyance covering mineral or royalty rights purports to cover mineral or royalty rights not owned by the grantor, or…

58-2274. Restrictive covenants on real property in violation of 44-1016 or 44-1017 are void; release. (a) Any restrictive covenant recitals on real property contained in any deed, plat, declaration, restriction, covenant or other conveyance filed at any time in the office of the …

[Repealed or reserved.]