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19-1204. Custody and recording of documents. (a) The register of deeds shall have custody of and safely keep and preserve all the books, records, deeds, maps, papers and microphotographs deposited or kept in the office of the register of deeds. The register of deeds shall also record, or cause to be recorded, in a plain and distinct handwriting or in another legible manner, in suitable books or other accessible format to be provided and kept in the office of the register of deeds, all deeds, mortgages, maps, instruments and writings authorized by law to be recorded in the office of the register of deeds and left with the register of deeds for that purpose, and shall perform all other duties as are required by law.

(b) The register of deeds shall have the option of recording all such deeds, mortgages, maps, instruments and writings under this section: (1) In books as provided in subsection (a); (2) on computer disks, tapes or other electronically accessed media in accordance with K.S.A. 45-501; or (3) in another manner authorized by statute in accordance with the provisions thereof.

History: G.S. 1868, ch. 25, § 90; R.S. 1923, 19-1204; L. 1971, ch. 86, § 1; L. 1985, ch. 96, § 2; July 1.

Attorney General’s Opinions:

Recordation of instruments conveying or affecting real estate; duties of register of deeds. 80-81.

Register of deeds; recordation of clinical hypnotist certificate. 80-110.

Register of deeds; custody and recordation of documents; computerization of records. 84-42.

Conveyances of land; recording of instruments. 85-3.

Recordation of death certificates with county register of deeds; open public records. 91-87.

Register of deeds under no duty to record an assignment of CRP payments; CRP contracts do not affect title. 2009-7.

CASE ANNOTATIONS

1. Person not entitled to copy entire records for private use. Cormack v. Woolcott, Register, 37 K. 391, 393, 15 P. 245.

2. Any person may examine records who has present existing interest. Boylan v. Warren, Clerk, 39 K. 301, 18 P. 174.

3. Sections cited in determining record as notice when wrong premises named. Hollinger v. Imperial Warehouse Co., 122 K. 709, 712, 253 P. 215.

4. Applied in determining property assigned by “Mother Hubbard” clause valid as between parties; ineffective as to subsequent purchasers without notice. Luthi v. Evans, 223 K. 622, 628, 576 P.2d 1064 (1978); reversing 1 K.A.2d 114, 562 P.2d 127 (1977).


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