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60-511. Actions limited to five years. The following actions shall be brought within five (5) years: (1) An action upon any agreement, contract or promise in writing.

(2) An action brought on any covenant of seizin contained in any deed of conveyance of land.

(3) An action brought on a covenant of warranty contained in any deed of conveyance of land, after there shall have been a final decision against the title of the covenantor in such deed.

(4) An action upon the official bond or undertaking of an executor, administrator, conservator, sheriff, or any other officer, or upon the bond or undertaking given in attachment, injunction, arrest, or in any case required by statute.

(5) An action for relief, other than the recovery of real property not provided for in this article.

History: L. 1963, ch. 303, 60-511; L. 1965, ch. 354, § 12; January 1, 1966.

Source or prior law:

G.S. 1868, ch. 80, § 18; L. 1897, ch. 91, § 1; L. 1909, ch. 182, § 17; R.S. 1923, 60-306 (1 st , 5 th , 6 th clauses).

Law Review and Bar Journal References:

The doctrine of Lawrence v. Fox, Francis W. Jacob, 1 J.B.A.K. 261, 288 (1933).

Subsections (2) and (3) discussed in 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 Procedures," Emmet A. Blaes, 12 K.L.R. 75, 76 (1963).

"Survey of Kansas Law: Contracts," Fred N. Six, 16 K.L.R. 137, 143 (1967).

"Some Reflections on the Kansas Borrowing Statute," Robert L. Driscoll, 17 K.L.R. 437, 445 (1969).

"Survey of Kansas Law: Consumer Law," John C. Maloney, 27 K.L.R. 197, 206 (1979).

"Housing Defects: Homeowner's Remedies—A Time for Legislative Action," William J. Fields, 21 W.L.J. 72, 82 (1981).

"Survey of Kansas Law: Contracts," 29 K.L.R. 491, 493 (1981).

"Attorney's Liability to Third Parties for Malpractice: The Growing Acceptance of Liability in the Absence of Privity," Barbara L. Walker, 21 W.L.J. 48, 67 (1981).

"The History of Warranties of Quality in the Sale of Goods: Contract or Tort?—A Case Study in Full Circles," Paul B. Rasor, 21 W.L.J. 175, 199, 205 (1982).

"Rezoning in Kansas: Legislation, Adjudication, or Confusion," Simon B. Buckner IV, 30 K.L.R. 571, 578 (1982).

"Is Kansas Probate Non Claim Statute Unconstitutional?" John F. Kuether, 54 J.K.B.A. 115, 129 (1985).

"Legal Malpractice—The Elusive Statute of Limitations," Dennis Clyde, 11 J.K.T.L.A. No. 5, 5 (1988).

"Pitfalls on the Road to Salvation: The Kansas Saving Statute," Steven C. Day, 59 J.K.B.A. No. 8, 19, 21 (1990).

"Survey of Kansas Oil and Gas Law (1988-1992)," Phillip E. DeLaTorre, 41 K.L.R. 691, 706 (1993).

"Statutes of Limitation, Statutes of Repose and Continuing Duties under the Kansas Product Liability Act," Steve R. Fabert, 36 W.L.J. 367 (1997).

"Caveat plaintiff: Congress has defederalized private securities litigation," Steven A. Ramirez, 67 J.K.B.A. No. 9, 16 (1998).

"Damage to Real Property: The Lay of the Land," Arthur E. Rhodes, 75 J.K.B.A. No. 9, 6 (2006).

CASE ANNOTATIONS

Prior law cases, see G.S. 1949, 60-306 (1 st , 5 th and 6 th clauses) and the 1961 Supp. thereto.

1. Part payment of debt tolls statute; date of payment rather than endorsement controls. Jarnagin v. Ditus, 198 K. 413, 414, 424 P.2d 265.

2. Mortgagor's consent to will operated as extension of note and mortgage owned by testatrix. Younger v. Estate of Younger, 198 K. 547, 550, 426 P.2d 67.

3. No indication of intent to change time for action to reform deed on grounds of mutual mistake. Beams v. Werth, 200 K. 532, 544, 438 P.2d 957.

4. Subsection (1) held applicable in overruling trial court's dismissal of action for failure to state claim upon which relief may be granted. Thompson v. Phillips Pipe Line Co., 200 K. 669, 672, 673, 438 P.2d 146.

5. Cause of action for breach of contract accrued at the time of sale and delivery. Freeto Construction Co. v. American Hoist & Derrick Co., 203 K. 741, 744, 745, 457 P.2d 1.

6. Action barred; last payment more than five years previous; payee failed to show that subsequent payments by comakers were with knowledge and consent of defendants so as to toll the statute. Brandeberry v. Goodpaster, 302 F.Supp. 736, 737, 739 (1969).

7. Subsection (2) cited; action on a covenant of seisin brought within time limitation. Maxwell v. Redd, 209 K. 264, 269, 496 P.2d 1320.

8. Section not controlling in an action against a trustee for repudiation of a trust. Jennings v. Jennings, 211 K. 515, 523, 507 P.2d 241.

9. Referred to in construing 60-513; tort action held commenced within two-year period. Ruthrauff, Administratrix v. Kensinger, 214 K. 185, 192, 519 P.2d 661.

10. Employees' suit under Labor Management Relations Act did not accrue until administrative procedures exhausted; action not barred by section. Butler v. Yellow Freight System, Inc., 374 F.Supp. 747, 748.

11. Action against union and employer under Labor Management Relations Act; characterized as contract action; state statute of limitations governs; tolling and accrual of action federal questions; suit timely. Butler v. Local U. 823, Int. Bro. of Teamsters, etc., 514 F.2d 442, 446, 448, 449, 450.

12. Record reflected genuine issues of fact with regard to application of section; summary judgment not warranted although requested by both parties. Henrickson v. Drotts, 219 K. 435, 436, 437, 548 P.2d 465.

13. Section applicable to action in contract against uninsured motorist insurance carrier. Van Hoozer v. Farmers Insurance Exchange, 219 K. 595, 611, 549 P.2d 1354.

14. Applied; claim barred by statute used as pure defense by way of setoff. Lightcap v. Mobil Oil Corporation, 221 K. 448, 464, 562 P.2d 1.

15. Section applicable to action for recovery of judgment from sale under security agreement; notice of claim not given. Jackson County State Bank v. Williams, 1 K.A.2d 649, 650, 573 P.2d 1092.

16. No new action commenced under 60-518 after statute had expired; too late for separate action. Brown v. Fitzpatrick, 224 K. 636, 637, 585 P.2d 987.

17. Statute governs filing under uniform enforcement of foreign judgments act. Alexander Construction Co. v. Weaver, 3 K.A.2d 298, 301, 594 P.2d 248.

18. Debt owed by person entitled to share in estate, though barred hereby, may be set off against debtor's share. In re Estate of Wernet, 226 K. 97, 108, 596 P.2d 137.

19. Application of five-year statute of limitation to written purchase order signed by the party to be charged; sufficiency determined. Miller v. William A. Smith Constructing Co., 226 K. 172, 173, 174, 175, 603 P.2d 602.

20. Action commenced under 19-2913 governed by time limit for filing of appeals under this section, not 19-223 or 60-2101(d). Bolser v. Zoning Board for Aubry Township, 4 K.A.2d 288, 289, 291, 605 P.2d 156. Reversed: 228 K. 6, 612 P.2d 563.

21. Statute inapplicable to appeals taken under 19-2913. Bolser v. Zoning Board for Aubrey Township, 228 K. 6, 14, 15, 612 P.2d 563.

22. Judgment award in Cairo Cooperative Exchange v. First National Bank of Cunningham, 228 K. 613, 620 P.2d 805. Modified: Cairo Cooperative Exchange v. First National Bank of Cunningham, 229 K. 184, 624 P.2d 420.

23. Action held to be for enforcement of written agreement; provisions of subsection (1) apply. Clark Jewelers v. Satterthwaite, 8 K.A.2d 569, 571, 574, 662 P.2d 1301 (1983).

24. Under law of sister state, a 1981 judgment was new judgment and not extension of original judgment of 1971; judgment enforceable in Kansas not violation of statute. Johnson Brothers Wholesale Liquor Co. v. Clemmons, 233 K. 405, 407, 661 P.2d 1242 (1983).

25. Statute of limitations not dormancy statutes (60-2403 et seq.) govern enforceability of foreign judgments. Warner v. Warner, 9 K.A.2d 6, 7, 668 P.2d 193 (1983).

26. Statute of limitations for all civil rights cases under federal statutes should be three-year statute. Sullivan v. LaMunyon, 572 F.Supp. 753, 755, 760 (1983).

27. Accommodation party paying note has right of recourse for five years against all other signers. Lindsey v. Zeller, 10 K.A.2d 4, 5, 6, 690 P.2d 394 (1984).

28. Absent endorsement, P.E.G. stamp on check requires reference to U.C.C. implied obligations (84-4-205, 84-4-207); 60-512 applicable. Chilson v. Capital Bank of Miami, 10 K.A.2d 111, 113, 692 P.2d 406 (1984).

29. Applicable on bond for mechanic's lien under 60-1110. Bob Eldridge Constr. Co. v. Pioneer Materials, Inc., 235 K. 599, 606, 684 P.2d 355 (1984).

30. United States Rule applies to interest on suspense royalties; royalty payments covered herein under written lease. Wortman v. Sun Oil Co., 236 K. 266, 272, 690 P.2d 385 (1984).

31. Drawee bank's action for breach of warranty by depositary bank's written warranty "prior endorsements guaranteed" controlled by 60-512. Chilson v. Capital Bank of Miami, 237 K. 442, 443, 448, 701 P.2d 903 (1985).

32. Statute applicable where title showing oil and gas lease with entirety clause and subsequent deed of part of premises construed together. Brubaker v. Branine, 237 K. 488, 493, 701 P.2d 929 (1985).

33. Payment by principal debtor does not toll statute of limitations as to guarantor. Federal Deposit Ins. Corp. v. Galloway, 613 F.Supp. 1392, 1398, 1399 (1985).

34. Where quiet title suit also seeks deed reformation, five year statute applies unless silence on material knowledge tolls it. Ferrell v. Ferrell, 11 K.A.2d 228, 231, 719 P.2d 1 (1986).

35. Time limit for registering foreign judgment begins to run when judgment rendered, not when cause arose. Worthington v. Miller, 11 K.A.2d 396, 399, 400, 727 P.2d 928 (1986).

36. Statute inapplicable where lessee of farm equipment seeks remedies under 50-627 of consumer protection act. Wight v. Agristor Leasing, 652 F.Supp. 1000, 1018 (1987).

37. Suits brought under section 301 of N.L.R.A. as subject to Kansas statute of limitations determined. National Elev. Indus. Welfare Plan v. Viola Indus., 684 F.Supp. 1548, 1553 (D. Kan. 1986).

38. Applicability of statute to guaranty of promissory note where partial payments made examined. Federal Deposit Ins. Corp. v. Galloway, 856 F.2d 112, 115 (10 th Cir. 1988).

39. Constitution does not bar application of forum state's statute of limitations to claims governed by law of different state. Sun Oil Co. v. Wortman, 108 S.Ct. 2117 (1988).

40. Cited; effect of memorandum of understanding and remedies therein regarding meal periods and work schedules of sheriff's deputies examined. Atteberry v. Ritchie, 243 K. 277, 280, 756 P.2d 424 (1988).

41. While injunction suit controlled hereunder, challenge to tax lien (79-1804) is adverse interest in property controlled by 60-507. Crawford v. Board of Johnson County Comm'rs, 13 K.A.2d 592, 593, 776 P.2d 832 (1989).

42. When reformation allowed as defense to suit to enforce language of instrument which does not reflect intention of parties examined. Conner v. Koch Oil co. 245 K. 250, 254, 777 P.2d 821 (1989).

43. Action for damages for pollution by oil and gas operation on mineral lease; nature of damages to land considered. Maxedon v. Texaco Producing, Inc., 710 F.Supp. 1306, 1313, 1315 (1989).

44. Five-year statute barred action to reform written instruments relating to franchise agreements on basis of mutual mistake. Pizza Management, Inc. v. Pizza Hut, Inc., 737 F.Supp. 1154, 1158 (1990).

45. Statute applicable to action against administrator and furnisher of insurance coverage under employee medical plan covered by ERISA. Columbian Fin. Corp. v. Businessmen's Assur. Co., 743 F.Supp. 772, 775 (1990).

46. Statute inapplicable to claim railroad union breached duty of fair representation regarding orders of interstate commerce commission. Rucker v. St. Louis Southwestern Ry. Co., 917 F.2d 1233 (1990).

47. Cited in opinion certifying to U.S. district court that 60-507 is statute of limitations applicable to inverse condemnation proceedings. Hiji v. City of Garnett, 248 K. 1, 4, 804 P.2d 950 (1991).

48. Demand for and refusal to pay dividends required before statute runs on action to enforce distribution; applicable time period not determined. Leek v. The Alliance Fund, Inc., 15 K.A.2d 250, 254, 806 P.2d 491 (1991).

49. Statute of limitations for civil actions to recover damages from criminal act examined. Church Mut. Ins. Co. v. Rison, 16 K.A.2d 315, 316, 823 P.2d 209 (1992).

50. Debtor's claim was not time barred when petition was filed. In Re Key Truck Leasing, Inc., 16 B.R. 398, 399 (1982).

51. State statute of limitations inapplicable in action against defaulting student loan borrower. Higher Educ. Assistance Foundation, Inc. v. Glenn-Healy, 17 K.A.2d 345, 348, 836 P.2d 25 (1992).

52. Breach of legal duty in contractual relationship gives rise to tort action; two-year limitation (60-513) applies. Hunt v. KMG Main Hurdman, 17 K.A.2d 418, 419, 839 P.2d 45 (1992).

53. Noted in opinion that insured not required to obtain judgment before receiving underinsured motorist benefits pursuant to 40-284(b). Brown v. USAA Cas. Ins. Co., 17 K.A.2d 547, 550, 840 P.2d 1203 (1992).

54. Statute of limitations did not bar seller's action. Rupe v. Triton Oil and Gas Corp., 806 F.Supp. 1495, 1498 (1992).

55. Kansas law applied by Missouri bankruptcy court in action involving insurance settlement; state had most significant relationship to contract and parties. In re Masters Mortg. Inv. Fund, Inc., 151 B.R. 513 (1992).

56. Cited where court found bankruptcy code, read in conjunction with 60-519, tolls statute of limitations during pendency of bankruptcy action. Turner & Boisseau, Chtd. v. Lowrance, 18 K.A.2d 332, 334, 852 P.2d 517 (1993).

57. Whether customer's claim bank wrongly required payment of forged checks was contract breach for limitations purposes examined. In re Mid-American Clean Water Systems, Inc., 159 B.R. 941, 945 (1993).

58. Whether statute of limitations based on statutory liability or written contract applied to declassified, terminated state employee's reinstatement claim examined. Wright v. Kansas Water Office, 255 K. 990, 993, 881 P.2d 567 (1994).

59. Whether a breach of construction contract accrues for limitations purposes before contract is substantially completed examined. Edward Kraemer & Sons, Inc. v. City of Overland Park, 19 K.A.2d 1087, 1089, 880 P.2d 789 (1994).

60. Whether action based on implied warranty of workmanlike performance is subject to three- or five-year statute of limitations examined. Zenda Grain & Supply Co. v. Farmland Industries, Inc., 20 K.A.2d 728, 740, 894 P.2d 881 (1995).

61. The limitations period under subsection (l) begins to run on underinsured motorist claim when insured receives denial notice. Eidemiller v. State Farm Mut. Auto Ins. Co., 22 K.A.2d 278, 287, 290, 915 P.2d 161 (1996).

62. When statute of limitation begins running for holder of promissory note containing acceleration clause who exercises acceleration option discussed. FGB Realty Advisors, Inc. v. Keller, 22 K.A.2d 853, 854, 923 P.2d 520 (1996).

63. Action to enforce term of promissory note subject to five-year statute of limitations contained in (l). Hoelting Enterprises v. Nelson, 23 K.A.2d 228, 231, 929 P.2d 183 (1996).

64. ERISA (29 U.S.C. § 1001 et seq.) claims brought pursuant to civil enforcement are governed by state five-year statute of limitations. Caldwell v. Life Ins. Co. of North America, 959 F.Supp. 1361, 1367 (1997).

65. Claim city pension contract unconstitutionally interfered with by statutory changes barred; claim accrued on effective date of statutory changes. Johnson v. KPERS, 262 K. 185, 935 P.2d 1049 (1997).

66. Claim that implied contract obligation arising from act performed three years prior to filing of action barred. Western Video Collectors v. Mercantile Bank, 23 K.A.2d 703, 706, 935 P.2d 237 (1997).

67. Breach of contract reformation claims were barred by statute of limitations. Graphic Technology, Inc. v. Pitney Bowes Inc., 968 F.Supp. 602, 605 (1997).

68. Statute of limitations period for contract claim was not tolled by IRS litigation. Gray v. Phillips Petroleum, 998 F.Supp. 1221 (1998).

69. Five-year statute of limitations began to run when a new indemnification claim was denied. Oakview Treatment Centers of Kansas v. Garret, 53 F.Supp.2d 1184, 1188 (1999).

70. Securities fraud claims accrued when trust learned that trust assets had been transferred. Bagby v. Merril Lynch, Pierce, Fenner & Smith, 104 F.Supp.2d 1294, 1298 (2000).

71. Breach of contract claim accrued when any breach occurred. Bagby v. Merrill Lynch, Pierce, Fenner & Smith, 174 F.Supp.2d 1199, 1202 (2001).

72. Five year statute of limitations applies to covenants implied in fact rather than implied in law (oil and gas leases — implied covenant to market product). Smith v. Amoco Production Company, 272 K. 58, 30 P.3d 1001 (2001).

73. Plaintiff's breach of contract claim was not extended by continuing tort doctrine rendering claim untimely. Cline v. Southern Star Cent. Gas Pipeline, Inc., 356 F.Supp.2d 1203, 1211 (2005).

74. Five-year limitation applies to claims based on written contract between decedent and former wife. Nelson v. Nelson, 38 K.A.2d 64, 83, 162 P.3d 43 (2007).

75. Section does not apply to claims for compensation from a trust. Lyons v. Holder, 38 K.A.2d 131, 137, 163 P.3d 343 (2007).

76. Mention in action involving interpretation of antenuptial agreement; statute inapplicable to estate property. Estate of Draper v. Bank of America, 38 K.A.2d 183, 186, 164 P.3d 827 (2007).

77. Interpretation of insurance policies falls within K.S.A. 60-511(l). Ace Property & Cas. Ins. v. Superior Boiler Works, 504 F.Supp.2d 1154, 1160, 1161 (2007).

78. Mentioned in discussion of claims under K.S.A. 60-511 versus claims under K.S.A. 60-512. Resolution Oversight Corp. v. Kansas Health Care Stabilization Fund, 38 K.A.2d 899, 910, 175 P.3d 268 (2008).

79. Cited in discussion of applicable statute of limitation involving subrogation under K.S.A. 40-284(f). Farm Bureau Mut. Ins. Co. v. Progressive Direct Ins. Co., 40 K.A.2d 123, 129, 190 P.3d 989 (2008).

80. Section held inapplicable in action by executor to seek constructive trust on assets; unjust enrichment K.S.A. 60-512 applied. Estate of Draper v. Bank of America, 288 K. 510, 205 P.3d 698 (2009).

81. Unique rule of accrual applies to deeds but does not apply to executory contracts. Law v. Law Company Building Assocs., 42 K.A.2d 278, 210 P.3d 676 (2009).

82. Six-month statute of limitations borrowed from the National Labor Relations Act, rather than the Kansas five-year limitations period for breach of contract claims applied to action brought by union. International Ass'n of Machinists v. Boeing Co., 814 F.Supp.2d 1150 (D. Kan. 2011).

83. The five-year statute of limitations controls an action for breach of written contract. Dunn v. Dunn, 47 K.A.2d 619, 281 P.3d 540 (2012).

84. Firm's unjust enrichment claim against lending entity accrued when the firm requested return of their profits, rather than when the profits were received by the lending entity. Bettis v. Hall, 852 F.Supp.2d 1325 (D. Kan. 2012).

85. Doctrine of equitable estoppel did not toll five year statute of limitations on royalty owner's breach of contract claims against well operator. Freebird, Inc. v. Merit Energy Co., 883 F.Supp.2d 1026 (D. Kan. 2012).

86. The five-year limitation period starts from the date the builder breached the warranty by refusing to repair or replace the defects. Hewitt v. Kirk's Remodeling and Custom Homes, Inc., 49 K.A.2d 506, 310 P.3d 436 (2013).

87. When notice of intent to accelerate does not clearly and unequivocally express intent to accelerate, the statute of limitations for foreclosure action is not triggered. Wilmington Sav. Fund Soc'y, FSB v. Holverson, 60 K.A.2d 142, 154, 492 P.3d 492 (2021).


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