60-508. Persons under legal disabilities. (a) Effect. If any person entitled to bring an action for the recovery of real property or for the determination of any adverse claim or interest therein be, at the time the cause of action accrued, or at any time during the period the statute of limitations is running, within the age of eighteen (18) years, or an incapacitated person, or imprisoned for a term less than his or her natural life, such person shall be entitled to bring such action within two (2) years after the disability is removed; but no such action shall be maintained by or on behalf of any person under the disabilities specified after twenty-three (23) years from the time the cause of action shall have accrued. The provisions of this subsection as it was constituted prior to the effective date of this act shall continue in force and effect with respect to any person who was at least eighteen (18) years of age and not more than twenty-one (21) years of age on the effective date of this act.
(b) Death of person under disability. If any person entitled to bring such action dies during the continuance of any disability specified in subsection (a) of this section and no determination be had of the title, claim, interest, or action to such person accrued, his or her heirs, or any person entitled to claim, from, by or under him or her, may commence such action after the time specified as a limitation, and within two (2) years after his or her death, but not after that period.
History: L. 1963, ch. 303, 60-508; L. 1965, ch. 354, § 11; L. 1972, ch. 161, § 14; July 1.
Source or prior law:
(a). G.S. 1868, ch. 80, § 17; L. 1909, ch. 182, § 16; R.S. 1923, 60-305.
Law Review and Bar Journal References:
Survey of law of real property and future interests, James K. Logan, 12 K.L.R. 305, 307 (1963).
"Some Comments on the New Code of Civil Procedure," Emmet A. Blaes, 12 K.L.R. 75, 76 (1963).
1965 amendment mentioned, John William Strong, 14 K.L.R. 341, 342 (1965).
CASE ANNOTATIONS
Prior law cases, see G.S. 1949, 60-305.
1. Considered in finding that a prescriptive easement was acquired barring action for inverse condemnation. Armstrong v. Cities Service Gas Co., 210 Kan. 298, 305, 502 P.2d 672.
2. Kansas tort claims act case barred for plaintiff's failure to bring action within one year of reaching age 18. Hayes through Hayes v. Unified School Dist. 377, 669 F. Supp. 1519, 1531 (1987).
3. Whether guardian ad litem appointed to represent party under legal disability is authorized to enter into family settlement agreement examined. In re Estate of Wise, 20 Kan. App. 2d 624, 632, 890 P.2d 744 (1995).
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