KANSAS OFFICE of
  REVISOR of STATUTES

  

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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 involving wind resources and technologies to produce and generate electricity; or

(d) whereby any real estate may be affected, proved or acknowledged, and certified in the manner hereinbefore prescribed, may be recorded in the office of register of deeds of the county in which such real estate is situated. It shall be the duty of the register of deeds to file the same for record immediately, and in those counties where a numerical index is maintained in the register of deeds' office, the register of deeds shall compare such instrument, before copying the same in the record, with the last record of transfer in the register of deeds' office of the property described. If the register of deeds finds such instrument contains apparent errors, the register of deeds shall not record the instrument until the grantee has been notified, if such notice is reasonably possible.

The grantor, lessor, grantee or lessee or any other person conveying or receiving real property or other interest in real property upon recording the instrument in the office of register of deeds shall furnish the register of deeds the full name and last known post-office address of the person to whom the property is conveyed or such person's designee. The register of deeds shall forward such information to the county clerk of the county who shall make any necessary changes in address records for mailing tax statements.

History: G.S. 1868, ch. 22, § 19; L. 1913, ch. 134, § 1; R.S. 1923, 67-221; L. 1953, ch. 297, § 1; L. 1972, ch. 366, § 2; L. 1973, ch. 221, § 1; L. 2004, ch. 127, § 1; July 1.

Cross References to Related Sections:

Comparison of instrument with record, see 19-1213.

Expedited process for determination of validity of liens, see 58-4301.

Law Review and Bar Journal References:

Fraudulent conveyances, F. J. Moreau, 11 J.B.A.K. 205, 215 (1943).

Discussed in 1953-55 survey of oil and gas law, Bernard E. Nordling, 4 K.L.R. 162, 170 (1955).

Case in annotation No. 26 below discussed in 1953-55 survey of taxation law, Leslie T. Tupy, 4 K.L.R. 313, 319, 320 (1955).

Ancillary administration of oil and gas leases, 5 K.L.R. 452, 455, 456 (1957).

Survey of Kansas law on real and personal property (1965-1969), 18 K.L.R. 427, 436 (1970).

"Kansas' Marketable Record Title Act," Christel E. Marquardt, 13 W.L.J. 33, 40, 46 (1974).

The proper classification of an oil and gas lease, 14 W.L.J. 411, 413 (1975).

Mineral lease exemptions from UCC coverage for security purposes, Bryan E. Nelson, 23 K.L.R. 367, 369 (1975).

Operation and effect of recording statutes, 17 W.L.J. 615 (1978).

"Survey of Kansas Law: Real and Personal Property," Deanell R. Tacha, 27 K.L.R. 283, 284, 285 (1979).

"Survey on Kansas Easements Law," R. Scott Shackelford, 62 J.K.B.A. No. 2, 24, 26 (1993).

"Title and Related Considerations in Conveying Kansas Water Rights," John C. Peck, 66 J.K.B.A. No. 9, 38 (1997).

"The Kansas Revised Uniform Partnership Act," Edwin W. Hecker Jr., 68 J.K.B.A. No. 9, 16 (1999).

"The Kansas Office of the County Register of Deeds," Robert W. Parnacott, 80 J.K.B.A. No. 9, 33 (2011).

"An Introduction to Title Insurance, Liability and Damages," Edward L. Robinson, 36 J.K.A.J. No. 5, 6 (2013).

Attorney General's Opinions:

Recordation of instruments affecting real estate. 84-48.

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

Assessment of mortgage registration tax on future advances clause. 86-79.

Mortgage registration; instruments subject thereto. 86-131.

Mortgage registration; instruments subject thereto. 86-137.

Filing of floating and federal tax liens; fees; notice. 87-104.

Mortgage registration and intangibles; mortgage registration; instruments subject thereto. 87-162.

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

Real estate foreclosure and sale by county; recordation; filing fees; purchase by county or city. 91-90.

Register of deeds; office hours; recording and filing documents. 97-94.

Nonexempt lender who records mortgage assigned by exempt lender is not required to pay mortgage registration fee. 2009-6.

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

CASE ANNOTATIONS

1. Mortgage; subrogations; constructive knowledge of second mortgage. Traders Bank v. Myers, 3 K.A. 636, 647, 44 P. 292.

2. Acknowledged mortgage introduced in evidence makes prima facie case. Mortgage Co. v. Hegwer, 7 K.A. 689, 51 P. 915.

3. Record of deed relates to filing; notice. Poplin v. Mundell, 27 K. 138, 155.

4. Deed must be proved or acknowledged as prescribed by statute. Meskimen v. Day, 35 K. 46, 49, 50, 10 P. 14.

5. Recording acts give priority to recorded instruments. Hayner & Co. v. Eberhardt, 37 K. 308, 313, 15 P. 168.

6. Where conveyance unrecorded, improvements not conclusive evidence of exclusive possession. Sanford v. Weeks, 38 K. 319, 324, 16 P. 465.

7. Satisfaction of mortgage not recorded; mortgagee liable for penalty. Perkins v. Matteson, 40 K. 165, 168, 19 P. 633.

8. Release of mortgage by attorney; no authority shown; release insufficient. O'Neill v. Douthitt, 40 K. 689, 693, 20 P. 493.

9. Power of attorney held sufficiently acknowledged. Munger v. Baldridge, 41 K. 236, 242, 21 P. 159. Questioned: Nagle v. Tieperman, 74 K. 32, 42, 85 P. 941, 88 P. 969.

10. Recording of unacknowledged assignment of mortgage unauthorized; imparts no notice. Fisher v. Cowles, 41 K. 418, 422, 423, 21 P. 228.

11. Effects where recorded copy fails to show officer's seal. Kelley v. McBlain, 42 K. 764, 768, 22 P. 994.

12. Recorded quitclaim deed prevails over unrecorded prior deed. Merrill v. Hutchinson, 45 K. 59, 63, 25 P. 215.

13. Assignment recorded in accordance with statute imparts notice to payor. Detwilder v. Heckenlaible, 63 K. 627, 631, 66 P. 653.

14. Record of unacknowledged receiver's final receipt admissible under curative act. Hall v. Rea, 85 K. 675, 676, 677, 118 P. 693.

15. Unacknowledged mortgage not good against subsequent purchaser, even though recorded. Nordman v. Rau, 86 K. 19, 119 P. 351.

16. Purchaser charged with notice by recitals in recorded deed. Bacon v. Lederbrand, 98 K. 631, 633, 160 P. 1029.

17. Second mortgages; priority of liens; not changed by affidavit. Detmer v. Salinger, 101 K. 701, 704, 168 P. 844.

18. Mortgage recorded, assignment unrecorded; second mortgage; priority of liens. Middlekauff v. Bell, 111 K. 206, 207, 207 P. 184.

19. Section considered in determining record as notice where wrong premises described. Hollinger v. Imperial Warehouse Co., 122 K. 709, 715, 253 P. 215.

20. Ordinary oil and gas lease held conveyance within section. Derby Oil Co. v. Bell, 134 K. 489, 493, 7 P.2d 39.

21. Owner of unrecorded assignment protected against lis pendens claims. Bennett v. Christy, 137 K. 376, 379, 20 P.2d 813.

22. Substantial consideration brings conveyance under act; last conveyance, recorded prior, superior. Hyndman v. Women's Foreign Missionary Society, 146 K. 34, 38, 68 P.2d 645.

23. Purpose of act stated; quiet-title judgment held not bar to foreclosure. Graves v. Marshall, 147 K. 37, 40, 75 P.2d 271.

24. Recorded mortgage has priority over previously executed unrecorded deed; consideration. Farmers & Merchants State Bank v. Higgins, 149 K. 783, 787, 89 P.2d 916.

25. Recorded unacknowledged revocation of power of attorney does not impart notice. Horney v. Buffenbarger, 169 K. 342, 347, 219 P.2d 345.

26. History; purpose; assignment of oil and gas lease production payments held conveyance. National Bank of Tulsa v. Warren, 177 K. 281, 285, 279 P.2d 262.

27. Church property must pay registration fee; mandamus denied. Assembly of God v. Sangster, 178 K. 678, 679, 290 P.2d 1057.

28. Real estate mortgage is recordable instrument hereunder. Davis-Wellcome Mortgage Co. v. Long-Bell Lumber Co., 184 K. 202, 205, 336 P.2d 463; Davis-Wellcome Mortgage Co. v. Long-Bell Lumber Co., 184 K. 209, 336 P.2d 469.

29. Mentioned in defining phrase "owners of record" as used in 12-6a04. Rostine v. City of Hutchinson, 191 K. 523, 526, 382 P.2d 474.

30. Oil and gas leasehold mortgage filed as realty fixed lien, when. Riverview State Bank v. Ernest, 198 F.2d 876, 879, 880.

31. Mortgages upon property located upon military reservation; registration fee required before recording. First National Bank in Dallas v. Lowman, 193 K. 349, 351, 395 P.2d 313.

32. Duty of condemnor to ascertain parties determined. Dotson v. State Highway Commission, 198 K. 671, 675, 426 P.2d 138.

33. Oil and gas leasehold interests treated as real property; enforcement of liens. Ingram v. Ingram, 214 K. 415, 421, 422, 521 P.2d 254.

34. Assignment of working interest in oil lease valid; proper recording; constructive notice to subsequent purchasers. Luthi v. Evans, 1 K.A.2d 114, 118, 120, 562 P.2d 127. Reversed: 223 K. 622, 627, 628, 629, 576 P.2d 1064.

35. Assignment of "all of grantor's property" in certain county valid as between parties to instrument; ineffective as to subsequent purchasers without knowledge. Luthi v. Evans, 223 K. 622, 627, 628, 629, 576 P.2d 1064.

36. Statute does not mandate classification of oil and gas as real estate for purposes of judgment lien statute. Utica Nat'l Bank & Trust Co. v. Marney, 233 K. 432, 434, 661 P.2d 1246 (1983).

37. Where face of deed satisfies 58-2216d, register of deeds clearly warranted in recording and indexing deed. Hildebrandt v. Hildebrandt, 9 K.A.2d 614, 617, 683 P.2d 1288 (1984).

38. Notice of lease agreement with option to purchase not subject to mortgage registration tax. Misco Industries, Inc. v. Board of Sedgwick County Comm'rs, 235 K. 958, 960, 966, 685 P.2d 866 (1984).

39. Oil and gas leasehold interests as real property under statutes pertaining to recording instruments conveying or affecting real estate examined. In re Cascade Oil Co., Inc., 65 B.R. 35, 41 (1986).

40. Act provides registration system for instruments affecting land titles; notice of titles, or adverse claims (liens) are readily available. Halliburton Co. v. Board of Jackson County Comm'rs, 12 K.A.2d 704, 707, 755 P.2d 1344 (1988).

41. Bona fide land purchaser has priority over prior unrecorded conveyance. In Re Southworth, 22 B.R. 376, 377, 379 (1982).

42. Trustee as bona fide purchaser had priority over creditor's released mortgage and later unrecorded mortgage. In re Southern, 32 B.R. 761, 762, 766 (1983).

43. Equitable subrogation will not be applied where party acquires an interest in property subject to prior recorded lien. Bankers Trust Co. v. United States of America, 29 K.A.2d 215, 25 P.3d 877 (2001).

44. Bona fide purchaser could not avoid creditor's assigned interest in mortgage because creditor allegedly failed to record assignment. In re Patton, 314 B.R. 826, 832 (2004).

45. Addendum ineffective in relating back to defective notarial act date; unacknowledged mortgage does not place subsequent purchaser on notice even if recorded and viewed by purchaser. In re Androes, 382 B.R. 805, 809, 812 (2008).

46. Kansas transfers of real estate interests must be by written document and perfected by recording. In re Coffelt, 395 B.R. 133, 140 (2008).


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