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58-3408. Certain interests not barred or extinguished. This act shall not be applied to bar or extinguish:

(a) The right to possession of any lessor or any lessor's successor, as a reversioner, on the expiration of any lease;

(b) the rights in and to any lease of any lessee or any lessee's successor;

(c) any interest of a mortgagee, or interest in the nature of that of a mortgagee, until after the instrument under which the interest is claimed becomes due and payable, except that, where the instrument has no due date expressed, the twenty-five-year period shall commence to run from the date of recording of the instrument;

(d) any mineral interest which has been severed from the fee simple title of the land;

(e) any easement or interest in the nature of an easement, or any rights granted, reserved or excepted by any instrument creating such an easement or interest;

(f) use restrictions or area agreements which are part of a plan for subdivision development;

(g) the rights of any reversioner or remainderman upon the expiration of any life estate or trust;

(h) rights of reverter or rights of entry for condition broken; or

(i) any right, title or interest of the United States or the state of Kansas by reason of failure to file the notice required by this act.

History: L. 1973, ch. 227, § 8; L. 1984, ch. 206, § 5; July 1.

Law Review and Bar Journal References:

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

"Rule Against Perpetuities in Kansas," David Lee Barber, 19 W.L.J. 284 (1980).

Attorney General's Opinions:

Marketable record title act; effect of extension of twenty-five-year period on existing interests. 84-94.

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