58-2209. 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 in the manner prescribed by the revised uniform law on notarial acts and K.S.A. 58-2216, and amendments thereto.
History: G.S. 1868, ch. 22, § 7; R.S. 1923, 67-209; L. 1984, ch. 201, § 15; L. 2021, ch. 64, § 40; January 1, 2022.
Law Review and Bar Journal References:
"Will Substitutes in Kansas," Jana J. Deines and Michael E. McMahon, 23 W.L.J. 132, 133 (1983).
"Survey on Kansas Easements Law," R. Scott Shackelford, 62 J.K.B.A. No. 2, 24, 26 (1993).
Attorney General's Opinions:
Recordation of certificate of appropriation of water for beneficial use; signature of grantor; acknowledgment. 86-141.
Mortgage registration and intangibles; mortgage registration; instruments subject thereto. 87-162.
CASE ANNOTATIONS
1. Unacknowledged deed imparts notice; effect of such deed as conveyance. Simpson v. Mundee and Brown, 3 K. 172.
2. Unacknowledged deed passes title equally with one duly acknowledged. Gray v. Ulrich, 8 K. 112, 121.
3. Express trust can only be created by writing. Knaggs v. Mastin, 9 K. 532, 547.
4. Time of acknowledgment discussed; may be made after action commenced. Babbitt v. Johnson, 15 K. 252.
5. Acknowledgment must be taken before some disinterested officer. Wills v. Wood, 28 K. 400, 411.
6. Husband may be appointed attorney in fact by wife. Munger v. Baldridge, 41 K. 236, 242, 21 P. 159. Questioned: Nagle v. Tieperman, 74 K. 32, 42, 85 P. 941, 88 P. 969.
7. Recording of unacknowledged assignment of mortgage will not impart notice. Fisher v. Cowles, 41 K. 418, 422, 21 P. 228.
8. Proof of existence of tax deed insufficient. Kelly v. McBlain, 42 K. 764, 768, 22 P. 994.
9. Receiver's final receipt not within section; section construed with 67-221. Hall v. Rea, 85 K. 675, 677, 118 P. 693.
10. Acknowledgment of deed taken by justice outside his judicial township; validity. Tawney v. Blankenship, 150 K. 41, 46, 90 P.2d 1111.
11. Recorded unacknowledged revocation of power of attorney does not impart notice. Horney v. Buffenbarger, 169 K. 342, 347, 219 P.2d 345.
12. Assignment by "Mother Hubbard" clause in conveyance valid as between parties; ineffective as to subsequent purchasers without notice. Luthi v. Evans, 223 K. 622, 626, 576 P.2d 1064.
13. Agent's signature in principal's name only not sufficient in itself as bar to recording deed and imparting constructive notice. Hildebrandt v. Hildebrandt, 9 K.A.2d 614, 616, 683 P.2d 1288 (1984).
14. An amanuensis may sign a transfer-on-death deed as an owner's agent. In re Estate of Moore, 310 K. 557, 448 P.3d 425 (2019).
LEGISLATIVE COORDINATING COUNCIL
10/23/2024
Meeting Notice
09/09/2024 Meeting Notice Agenda 08/21/2024 Meeting Notice Agenda LCC Policies REVISOR OF STATUTES
Chapter 72 Statute Transfer List
Kansas School Equity & Enhancement Act Gannon v. State A Summary of Special Sessions in Kansas Bill Brief for Senate Bill No. 1 Bill Brief for House Bill No. 2001 2024 Amended & Repealed Statutes 2023 Amended & Repealed Statutes 2022 Amended & Repealed Statutes 2021 Amended & Repealed Statutes USEFUL LINKS
Session Laws
OTHER LEGISLATIVE SITES
Kansas LegislatureAdministrative Services Division of Post Audit Research Department |