Chapter 58 — PERSONAL AND REAL PROPERTY

58-311. History: G.S. 1868, ch. 68, § 19; R.S. 1923, 58-311; Repealed, L. 1965, ch. 564, § 416; January 1, 1966. CASE ANNOTATIONS 1. Cited; expense of repossessing chattel not lienable under artisan's lien law (K.S.A. 58-202). National Bond & Investment Co. v. Midwest Finance Co.…

58-312. History: L. 1889, ch. 176, § 1; L. 1901, ch. 103, § 1; R.S. 1923, 58-312; L. 1965, ch. 564, § 410; Repealed, L. 1994, ch. 250, § 4; July 1. CASE ANNOTATIONS 1. Effect of insanity of one of parties; replevin; priority; evidence. State Bank v. Norduft, 2 Kan. App. 55, 59, 4…

58-313. History: R.S. 1923, 58-313; Repealed, L. 1965, ch. 564, § 416; January 1, 1966. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Docum…

58-314. History: L. 1889, ch. 255, § 1; L. 1901, ch. 396, § 1; R.S. 1923, 58-314; Repealed, L. 1965, ch. 564, § 416; January 1, 1966. CASE ANNOTATIONS 1. Fraudulent conveyance; creditor not guilty of fraud, when. Schram v. Taylor, 51 Kan. 547, 33 P. 315. 2. Party has reasonable t…

58-315. History: L. 1901, ch. 396, § 2; R.S. 1923, 58-315; Repealed, L. 1965, ch. 564, § 416; January 1, 1966. CASE ANNOTATIONS 1. Effect of recording conditional sale after 10 days considered. Commercial Credit Co. v. Gaiser, 134 Kan. 552, 555, 7 P.2d 527. Previous | Next LEGISL…

58-315a. History: L. 1939, ch. 230, § 1; Repealed, L. 1965, ch. 564, § 416; January 1, 1966. CASE ANNOTATIONS 1. Conditional sales contract held not ambiguous; cited. Kittel v. Krause, 185 Kan. 681, 685, 347 P.2d 269. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Polic…

58-315b. History: L. 1939, ch. 230, § 2; L. 1959, ch. 161, § 5; Repealed, L. 1965, ch. 342, § 12; January 1, 1966. CASE ANNOTATIONS 1. Cited in case involving false arrest and malicious prosecution. Thompson v. General Finance Co., Inc., 205 Kan. 76, 83, 90, 468 P.2d 269. Previou…

58-318. History: L. 1901, ch. 105, §§ 1, 2; L. 1911, ch. 226, § 1; R.S. 1923, 58-318; L. 1959, ch. 161, § 6; Repealed, L. 1965, ch. 342, § 12; January 1, 1966. Source or prior law: L. 1874, ch. 72, § 1; L. 1897, ch. 161, § 1; L. 1889, ch. 167, § 1. CASE ANNOTATIONS 1. Sale of mor…

58-319. Return of instruments to mortgagor by register of deeds. Whenever any chattel mortgage or other instrument of writing or indebtedness which may have been filed in the office of the register of deeds of any county shall have been satisfied or paid, it shall be the duty of …

58-320. Destruction of such instruments if maker not found within two years. If the person executing the same or his or her assigns cannot be found within two years subsequent to such payment or satisfaction, the register of deeds shall destroy the chattel mortgages or other inst…

58-321. Destruction of mortgages on file five years and not renewed. All chattel mortgages which have expired by reason of being on file five years, and not renewed, may be destroyed by the register of deeds as provided in K.S.A. 58-320, the proper entry having been made of such …

58-322. History: L. 1935, ch. 218, § 1; L. 1937, ch. 266, § 1; Repealed, L. 1965, ch. 564, § 416; January 1, 1966. CASE ANNOTATIONS 1. Mortgage pledging increase of cattle as security held valid. Stockgrowers State Bank v. Park, 143 Kan. 293, 295, 54 P.2d 950. 2. Cited; property …

58-323. History: L. 1937, ch. 266, § 2; Repealed, L. 1965, ch. 564, § 416; January 1, 1966. Source or prior law: L. 1935, ch. 218, § 2. CASE ANNOTATIONS 1. Cited; property description in conditional sales contract inadequate as against third party. International Harvester Co. v. …

58-324. History: L. 1937, ch. 266, § 3; Repealed, L. 1965, ch. 564, § 416; January 1, 1966. Source or prior law: L. 1935, ch. 218, § 3. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived…

[Repealed or reserved.]

[Repealed or reserved.]

58-401. History: L. 1933, ch. 219, § 1; L. 1965, ch. 343, § 1; L. 1976, ch. 145, § 202; Repealed, L. 1979, ch. 173, § 31; July 1. CASE ANNOTATIONS 1. Cited in holding judgment cannot be affected after term except as provided by civil code. Keys v. Smallwood, 152 Kan. 115, 118, 10…

58-405. History: L. 1938, ch. 46, § 1; L. 1949, ch. 309, § 1; L. 1968, ch. 141, § 1; L. 1977, ch. 105, § 18; Repealed, L. 1979, ch. 173, § 31; July 1. Source or prior law: L. 1935, ch. 146, § 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC D…

58-406. History: L. 1938, ch. 46, § 2; Repealed, L. 1979, ch. 173, § 31; July 1. Source or prior law: L. 1935, ch. 146, § 2. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Do…

58-501. Tenancy in common unless joint tenancy intended, when; exception; joint tenancy provisions. Real or personal property granted or devised to two or more persons including a grant or devise to a husband and wife shall create in them a tenancy in common with respect to such …

58-502. Common law rules inapplicable; rule in Shelley's case and estates tail. The rules of the common law, known as the rule in Shelley's case, and those pertaining to estates tail, however created, shall not be applied in this state to any instrument which becomes effective af…

58-503. Grant or devise to person for life and then to some other. When real or personal property is granted or devised to one person for life, and then to some other person, or persons, whether named individually or as one or more of a class of which the individuals can be ascer…

58-504. Indefinite failure of issue; definite failure of issue. In the case of instruments disposing of property, of which the following is a type: "A to B and his or her heirs, but if B dies without issue, then to C and his or her heirs," the common law rule of interpretation th…

58-505. Rule in Wild's case. In the case of instruments disposing of property of which the following is a type: "A to B and his or her children," the doctrine of the common law known as the rule in Wild's case shall not hereafter apply, and the instrument shall create a life inte…

58-506. Doctrine of worthier title. In the case of a will to heirs, or to next of kin of the testator, or to a person an heir or next of kin, the common-law doctrine of worthier title is abolished and the devisees or devisee shall take under the will and not by descent. History: …

[Repealed or reserved.]

[Repealed or reserved.]

[Repealed or reserved.]

[Repealed or reserved.]

58-601. History: L. 1943, ch. 232, § 1; L. 1976, ch. 239, § 1; Repealed, L. 2003, ch. 58, § 18; July 1. Source or prior law: 58-2225. CASE ANNOTATIONS 1. Recorded unacknowledged revocation of power of attorney does not impart notice. Horney v. Buffenbarger, 169 Kan. 342, 347, 219…

58-602. History: L. 1943, ch. 232, § 2; L. 1976, ch. 239, § 2; Repealed, L. 2003, ch. 58, § 18; July 1. Source or prior law: 58-2227. CASE ANNOTATIONS 1. Recorded unacknowledged revocation of power of attorney does not impart notice. Horney v. Buffenbarger, 169 Kan. 342, 347, 349…

58-603. History: L. 1943, ch. 232, § 3; L. 1976, ch. 239, § 3; Repealed, L. 1980, ch. 161, § 9; April 4. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived Sch…

58-610. History: L. 1980, ch. 161, § 1; Repealed, L. 2003, ch. 58, § 18; July 1. CASE ANNOTATIONS 1. Where principal not incapacitated, it is contrary to public policy to have agent forced on principal. Peterson v. Peterson, 10 Kan. App. 2d 437, 442, 700 P.2d 585 (1985). 2. Scope…

58-611. History: L. 1980, ch. 161, § 2; Repealed, L. 2003, ch. 58, § 18; July 1. CASE ANNOTATIONS 1. Incapacity of principal at the time of withdrawal of funds is not a factor in the determination by lending institution on whether or not to honor the request by an attorney in fac…

58-612. History: L. 1980, ch. 161, § 3; Repealed, L. 2003, ch. 58, § 18; 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 US…

58-613. History: L. 1980, ch. 161, § 4; Repealed, L. 2003, ch. 58, § 18; July 1. CASE ANNOTATIONS 1. Lending institution has no duty to determine if principal is deceased before honoring request by attorney in fact for withdrawal of funds. Bank IV Olathe v. Capitol Fed'l Savings …

58-625. Meaning of durable power of attorney for healthcare decisions. A durable power of attorney for health care decisions is a power of attorney by which a principal designates another as the principal's agent in writing and the writing contains the words "this power of attorn…

58-626. Acts of agent during disability or incapacity of principal. All acts done by an agent pursuant to a durable power of attorney for health care decisions during any period of disability or incapacity of the principal have the same effect as if the principal were competent a…

58-627. Power of court-appointed guardian; principal authorized to nominate conservator or guardian; court appointment. (a) If, following execution of a durable power of attorney for health care decisions, a court of the principal's domicile appoints a guardian charged with the r…

58-628. Effect of voluntary revocation by principal; actual knowledge required. A voluntary revocation by a principal of a durable power of attorney for health care decisions does not revoke or terminate the agency as to the agent or other person, who, without actual knowledge of…

58-629. Authority of agent; limitations on agent's power; persons not to be designated as agents; witnesses and acknowledgment; effect of death of principal. (a) A durable power of attorney for health care decisions may convey to the agent the authority to: (1) Consent, refuse co…

58-630. Effect if valid under laws of state of principal's residence; acts by agent in this state. Any durable power of attorney for health care decisions which is valid under the laws of the state of the principal's residence at the time the durable power of attorney for health …

58-631. A durable power of attorney executed before July 1, 1989, is not affected by this act. A durable power of attorney executed before July 1, 1989, that specifically authorizes the attorney in fact or agent to make decisions relating to the health care of the principal shall…

58-632. Form of durable power of attorney. A durable power of attorney for health care decisions shall be in substantially the following form: DURABLE POWER OF ATTORNEY FOR HEALTH CARE DECISIONS GENERAL STATEMENT OF AUTHORITY GRANTED I,______________________________, designate an…

58-650. Citation of act. K.S.A. 58-650 through 58-665, and amendments thereto, shall be known and may be cited as the Kansas power of attorney act. History: L. 2003, ch. 58, § 1; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents…

58-651. Definitions. As used in the Kansas power of attorney act: (a) "Attorney in fact" means an individual, corporation or other legal entity appointed to act as agent of a principal in a written power of attorney. (b) "Court" means the district court. (c) "Disabled" means a pe…

58-652. Effectiveness of power of attorney; recording; revocation; attorney in fact. (a) The authority granted by a principal to an attorney in fact in a written power of attorney is not terminated in the event the principal becomes wholly or partially disabled or in the event of…

58-653. Appointment of multiple attorneys in fact; qualifications; persons disqualified. (a) A principal may appoint more than one attorney in fact in one or more powers of attorney and may provide that the authority conferred on two or more attorneys in fact shall or may be exer…

58-654. General powers. (a) A principal may delegate to an attorney in fact in a power of attorney general powers to act in a fiduciary capacity on the principal's behalf with respect to all lawful subjects and purposes or with respect to one or more express subjects or purposes.…

58-655. Indication of capacity as attorney in fact; property and accounts separate. (a) An attorney in fact acting for the principal under a power of attorney shall clearly indicate the attorney in fact's capacity and shall keep the principal's property and accounts separate and …