Chapter 58.—PERSONAL AND REAL PROPERTY

Kansas Statutes

Chapter 58.—PERSONAL AND REAL PROPERTY

Article 1.—BULK SALES (Not in active use)
- 58-101 Repealed.
- 58-102 Repealed.
- 58-103 Repealed.
- 58-104 Repealed.
Article 2.—LIENS ON PERSONAL PROPERTY
- 58-201 Liens for materials and services; filing statements with register of deeds, contents.
- 58-202 Same; enforcement and foreclosure; time restrictions; destruction of records.
- 58-203 Lien for threshing or husking.
- 58-204 Same; lien statement to be filed with register of deeds; fee.
- 58-205 Same; assignment; time for bringing action.
- 58-206 Same; selling, disposing or secreting grain with intent to defraud; penalty.
- 58-207 Lien for feed and care of livestock; sale for charges and expenses; assignment of lien.
- 58-208 Lien of forwarding merchant, warehouse keeper, carrier or other bailee; advertisement of sale by carrier.
- 58-209 Sale of animals or goods of perishable nature after thirty days.
- 58-210 Additional compensation for care of property taken from proceeds.
- 58-211 Sale of property; notice required; form and content of notice.
- 58-212 Public auction sale required.
- 58-213 Proceeds of sale.
- 58-214 Filing copies of notices, proof of publication and other papers with county clerk; evidence.
- 58-215 Voluntary delivery of property as abandonment of lien; waiver by special contract.
- 58-216 Repealed.
- 58-217 Repealed.
- 58-218 Liens for seeding and baling broomcorn and baling hay.
- 58-219 Perfection, duration and enforcement of such liens.
- 58-220 Agister's lien; recording notice with register of deeds; sale for charges and expenses.
- 58-221 Same; disposition of proceeds of sale.
- 58-222 Lien for work, labor or materials supplied by cleaning establishments; foreclosure; notice before sale; inapplicable to stored property.
- 58-223 Same; property stored after labor or materials supplied; sale, when; notice to owners; inapplicable to warehousemen.
- 58-224 Same; notice requirements; cost of posting.
- 58-225 Same; disposition of overplus from sale.
- 58-226 Same; posting notices in receiving offices.
- 58-227 Liens on mobile and manufactured homes; removal from leased or rented space; enforcement of lien.
- 58-228 through 58-240 Reserved.
- 58-241 Definitions.
- 58-242 Agricultural production input lien; notification of lender by supplier; form of lien-notification statement; letter of commitment by lender; priorities.
- 58-243 Same; effect of lien; priority; what lien attaches to; when lien attaches.
- 58-244 Same; when perfected; priority of lien not perfected; duties of filing offices; fees.
- 58-245 Same; enforcement.
- 58-246 Same; action to enforce lien in district court; when lien extinguished.
- 58-247 Storage fee on vehicles; notice to lienholders.
Article 3.—MORTGAGES AND CONDITIONAL SALES
- 58-301 Repealed.
- 58-302 Repealed.
- 58-303 Repealed.
- 58-304 Repealed.
- 58-305 Repealed.
- 58-306 Repealed.
- 58-307 Repealed.
- 58-308 Repealed.
- 58-309 Repealed.
- 58-310 Repealed.
- 58-311 Repealed.
- 58-312 Repealed.
- 58-313 Repealed.
- 58-314 Repealed.
- 58-315 Repealed.
- 58-315a Repealed.
- 58-315b Repealed.
- 58-316, 58-317 Repealed.
- 58-318 Repealed.
- 58-319 Return of instruments to mortgagor by register of deeds.
- 58-320 Destruction of such instruments if maker not found within two years.
- 58-321 Destruction of mortgages on file five years and not renewed.
- 58-322 Repealed.
- 58-323 Repealed.
- 58-324 Repealed.
Article 4.—ESCHEATS (Not in active use)
- 58-401 Repealed.
- 58-402 through 58-404 Repealed.
- 58-405 Repealed.
- 58-406 Repealed.
- 58-407, 58-408 Repealed.
Article 5.—REAL OR PERSONAL PROPERTY GRANTED OR DEVISED (THE PROPERTY ACT OF 1939)
- 58-501 Tenancy in common unless joint tenancy intended, when; exception; joint tenancy provisions.
- 58-502 Common-law rules inapplicable (rule in Shelley's case and estates tail).
- 58-503 Same (grant or devise to person for life and then to some other).
- 58-504 Same (indefinite failure of issue; definite failure of issue).
- 58-505 Same (rule in Wild's case).
- 58-506 Same (doctrine of worthier title).
Article 6.—POWERS AND LETTERS OF ATTORNEY
- 58-601 Repealed.
- 58-602 Repealed.
- 58-603 Repealed.
- 58-604 through 58-609 Reserved.
- 58-610 Repealed.
- 58-611 Repealed.
- 58-612 Repealed.
- 58-613 Repealed.
- 58-614 through 58-617 Repealed.
- 58-625 Durable power of attorney for health care decisions; meaning.
- 58-626 Same; acts of agent during disability or incapacity of principal.
- 58-627 Same; power of court-appointed guardian; principal authorized to nominate conservator or guardian; court appointment.
- 58-628 Same; effect of voluntary revocation by principal; actual knowledge required.
- 58-629 Same; authority of agent; limitations on agent's power; persons not to be designated as agents; witnesses and acknowledgment; effect of death of principal.
- 58-630 Same; effect if valid under laws of state of principal's residence; acts by agent in this state.
- 58-631 Same; durable power of attorney executed before July 1, 1989, not affected by this act.
- 58-632 Same; form.
- 58-633 through 58-649 Reserved.
- 58-650 Title of act.
- 58-651 Definitions.
- 58-652 Effectiveness of power of attorney; recording; revocation; attorney in fact.
- 58-653 Appointment of multiple attorneys in fact; qualifications; persons disqualified.
- 58-654 General powers.
- 58-655 Indication of capacity as attorney in fact; property and accounts separate.
- 58-656 Duties of attorney in fact; relation of attorney in fact to court-appointed fiduciary; death of principal.
- 58-657 Modification, termination or suspension of power of attorney; successor attorney; resignation of attorney.
- 58-658 Exemption of third persons from liability.
- 58-659 Termination of power of attorney; liability between principal and third persons.
- 58-660 Delegation of powers; successor attorneys in fact; court appointments.
- 58-661 Compensation of attorney in fact.
- 58-662 Accounting; determination of disability; modification, termination or removal of attorney in fact; limitations for principal to bring actions.
- 58-663 Application of law.
- 58-664 Effect of repealed statutes on existing powers of attorney.
- 58-665 Adoption by reference.
Article 7.—UNIFORM SIMULTANEOUS DEATH LAW
- Revisor's Note:
  
  This act is a revision of the Uniform Simultaneous Death Law (K.S.A. 58-701 through 58-707) originally promulgated in 1940.
- 58-701 Repealed.
- 58-702 Repealed.
- 58-703 Repealed.
- 58-704 Repealed.
- 58-705 through 58-707 Repealed.
- 58-708 Uniform simultaneous death act; definitions.
- 58-709 Same; requirement of survival by 120 hours under probate code.
- 58-710 Same; requirement of survival by 120 hours under donative dispositions in governing instruments.
- 58-711 Same; co-owners with right of survivorship; requirement of survival by 120 hours.
- 58-712 Same; evidence of death or status.
- 58-713 Same; exceptions.
- 58-714 Same; protection of payors, bona fide purchasers and other third parties; personal liability of recipient.
- 58-715 Same; uniformity of application and construction.
- 58-716 Same; short title.
- 58-717 Same; effective date.
- 58-718 Same; severability clause.
Article 8.—MISCELLANEOUS PROVISIONS
- 58-801 Repealed.
- 58-802 through 58-807 Repealed.
- 58-808 Repealed.
- 58-809, 58-810 Repealed.
- 58-811, 58-812 Repealed.
- 58-813 Short title.
- 58-814 Definitions.
- 58-815 Storage facility not to be used for residential purposes.
- 58-816 Operator to have lien on stored property; limitation on value of stored property for purposes of claim or action; rental agreement.
- 58-816a Late fees; rental agreement provision required.
- 58-817 Sale of stored property; procedure; online sales; redemption; notices.
- 58-818 Care, custody and control of stored property vested in occupant; exceptions.
- 58-819 Rental agreements entered into prior to July 1, 1983.
- 58-820 Marital deduction gifts; effect and construction.
- 58-821 Duty of care owed trespassers.
Article 9.—UNIFORM PRINCIPAL AND INCOME ACT (1997) (Not in active use)
- 58-901 Repealed.
- 58-902 Repealed.
- 58-903 Repealed.
- 58-904 Repealed.
- 58-904a Repealed.
- 58-905 Repealed.
- 58-906 Repealed.
- 58-907 Repealed.
- 58-908 Repealed.
- 58-909 Repealed.
- 58-909a Repealed.
- 58-910 through 58-912 Repealed.
- 58-913 Repealed.
- 58-914 Repealed.
- 58-915 through 58-917 Repealed.
- 58-9-100 Revisor's Note
- 58-9-101 Repealed.
- 58-9-102 Repealed.
- 58-9-103 Repealed.
- 58-9-104 Repealed.
- 58-9-105 Repealed.
- 58-9-106 Repealed.
- 58-9-201 Repealed.
- 58-9-202 Repealed.
- 58-9-301 Repealed.
- 58-9-302 Repealed.
- 58-9-303 Repealed.
- 58-9-401 Repealed.
- 58-9-402 Repealed.
- 58-9-403 Repealed.
- 58-9-404 Repealed.
- 58-9-405 Repealed.
- 58-9-406 Repealed.
- 58-9-407 Repealed.
- 58-9-408 Repealed.
- 58-9-409 Repealed.
- 58-9-410 Repealed.
- 58-9-411 Repealed.
- 58-9-412 Repealed.
- 58-9-413 Repealed.
- 58-9-414 Repealed.
- 58-9-415 Repealed.
- 58-9-501 Repealed.
- 58-9-502 Repealed.
- 58-9-503 Repealed.
- 58-9-504 Repealed.
- 58-9-505 Repealed.
- 58-9-506 Repealed.
- 58-9-601 Repealed.
- 58-9-602 Repealed.
- 58-9-603 Repealed.
- 58-9-604, 58-9-605 Reserved.
- 58-9-606 Repealed.
Article 9a.—UNIFORM FIDUCIARY INCOME AND PRINCIPAL ACT
- 58-9a-101 Citation of act.
- 58-9a-102 Definitions.
- 58-9a-103 Scope.
- 58-9a-104 Governing law.
- 58-9a-201 Fiduciary duties; general principles.
- 58-9a-202 Judicial review of exercise of discretionary power; request for instruction.
- 58-9a-203 Fiduciary's power to adjust.
- 58-9a-301 Definitions related to unitrusts.
- 58-9a-302 Application; duties and remedies.
- 58-9a-303 Authority of fiduciary.
- 58-9a-304 Notice to fiduciaries.
- 58-9a-305 Unitrust policy; requirements.
- 58-9a-306 Same; unitrust rate.
- 58-9a-307 Same; applicable value.
- 58-9a-308 Same; period required; optional standards.
- 58-9a-309 Special tax benefits; other rules.
- 58-9a-401 Character of receipts from entity.
- 58-9a-402 Receipts from distribution from trust or estate.
- 58-9a-403 Accounting for business or other activity conducted by fiduciary.
- 58-9a-404 Principal receipts.
- 58-9a-405 Receipts from rental property.
- 58-9a-406 Receipt from obligation to be paid in money.
- 58-9a-407 Receipts from insurance policy or contract.
- 58-9a-408 Insubstantial allocation not required.
- 58-9a-409 Receipts from deferred compensation, annuity or similar payment.
- 58-9a-410 Receipts produced by a liquidating asset.
- 58-9a-411 Receipts from interest in minerals, water and other natural resources.
- 58-9a-412 Receipts from sale of timber.
- 58-9a-413 Marital deduction property not productive of income.
- 58-9a-414 Receipts from derivative or option.
- 58-9a-415 Receipts from asset-backed security.
- 58-9a-416 Receipts from other financial instrument or arrangement.
- 58-9a-501 Disbursement from income.
- 58-9a-502 Disbursement from principal.
- 58-9a-503 Transfer from income to principal for depreciation.
- 58-9a-504 Reimbursement of income from principal.
- 58-9a-505 Reimbursement of principal from income.
- 58-9a-506 Income taxes.
- 58-9a-507 Adjustment between income and principal because of taxes.
- 58-9a-601 Determination and distribution of net income.
- 58-9a-602 Distribution to successor beneficiary.
- 58-9a-701 When right to income begins and ends.
- 58-9a-702 Apportionment of receipts and disbursements when decedent dies or income interest begins.
- 58-9a-703 Apportionment when income interest ends.
- 58-9a-801 Uniformity of application and construction.
- 58-9a-802 Relation to electronic signatures in global and national commerce act.
- 58-9a-803 Application to trust or estate.
- 58-9a-804 Severability.
Article 10.—NEW GOODS PUBLIC AUCTION LAW
- 58-1001 through 58-1013 Repealed.
- 58-1014 Legislative findings.
- 58-1015 Definitions.
- 58-1016 License required to conduct certain auction sales; unlawful acts.
- 58-1017 Same; filing application; contents; verification.
- 58-1018 Same; bond requirements; process; actions.
- 58-1019 Same; license fees; disposition of moneys.
- 58-1020 Same; issuance of license by county or city clerk; restrictions; record; public inspection; duplicate copy of application to director of revenue.
- 58-1021 Same; inventory of goods sold; copy to director of revenue.
- 58-1022 Same; penalties for violations of act.
- 58-1023 Auction sales; act inapplicable to certain sales.
- 58-1024 Same; licensing and regulation of public auctions by cities; limitation.
- 58-1025 Same; invalidity of part.
- 58-1026 Same; name of act; citation.
Article 11.—TRUSTS OF PERSONAL PROPERTY
- 58-1101 Certain trusts exempt from certain rules of law; continuance.
- 58-1102 Same; income from trust property; accumulation.
Article 12.—UNIFORM TRUSTEES' POWERS ACT (Not in active use)
- 58-1201 Repealed.
- 58-1202 Repealed.
- 58-1203 Repealed.
- 58-1204 Repealed.
- 58-1205 Repealed.
- 58-1206 Repealed.
- 58-1207 through 58-1211 Repealed.
Article 12a.—CERTIFICATION OF TRUSTS (Not in active use)
- 58-12a01 through 58-12a06 Repealed.
Article 13.—PUBLIC BUILDINGS
- 58-1301 Accessibility standards for public buildings or facilities.
- 58-1301a Repealed.
- 58-1301b Same; definitions.
- 58-1302 Repealed.
- 58-1303 Same; legislative intent.
- 58-1304 Accessibility standards for public buildings or facilities; enforcement of act.
- 58-1305 Repealed.
- 58-1306 Same; display of international symbol.
- 58-1307 Same; historic facilities; duties of state historic preservation officer; review of state action.
- 58-1308 Same; injunction to restrain violation of standards.
- 58-1309 Same; violation of injunction; civil penalty.
- 58-1310 Repealed.
- 58-1310a Same; rules and regulations.
- 58-1311 Repealed.
- 58-1312 Repealed.
- 58-1313 through 58-1315 Repealed.
- 58-1316, 58-1317 Repealed.
- 58-1318 Repealed.
- 58-1319 through 58-1323 Repealed.
- 58-1324 Repealed.
Article 14.—ACCESSIBILITY STANDARDS FOR CERTAIN DWELLINGS
- 58-1401 Accessibility standards for certain dwellings; definitions.
- 58-1402 Same; design and construction standards.
- 58-1403 Same; application to new dwellings.
- 58-1404 Same; condition of release of public financial assistance.
- 58-1405 Same; waiver of requirements.
- 58-1406 Same; act not applicable to certain dwellings.
- 58-1407 Same; rules and regulations.
Articles 15 to 19.—RESERVED
Article 20.—LAND SURVEYS
- 58-2001 Monumentation of exterior corners, type; definitions.
- 58-2002 Same; corners used in control establishing boundaries.
- 58-2003 Same; recording measurements from visible objects; description.
- 58-2004 Survey plats; information required for county surveyor review.
- 58-2005 Review of survey plats; requirements; procedure; costs; recording of plat, when; waiver.
- 58-2006 "Person" defined.
- 58-2007, 58-2008 Repealed.
- 58-2009 Rules and regulations; fees; existing rules and regulations continued in effect.
- 58-2010 Public agencies to provide information upon request; payment of cost.
- 58-2011 Report of survey, filing; filing of reports relating to altered or destroyed markers; reproduction of survey records; fees; land survey fee fund created.
Article 20a.—STATE PLANE COORDINATE SYSTEM
- Revisor's Note:
  
  Act modeled after 1994 Uniform Prudent Investor Act, see Uniform Laws Annotated, Master Edition, Vol. 7B for text of uniform act, table of jurisdictions wherein act has been adopted, variation notes and annotated materials for adopting jurisdictions.
- 58-20a01 Kansas coordinate system of 1983.
- 58-20a02 Same; use in land descriptions.
- 58-20a03 Same; plane coordinate values.
- 58-20a04 Same; describing land tracts, use of coordinate system.
- 58-20a05 Same; tracts in more than one zone.
- 58-20a06 Same; coordinate system, defined.
- 58-20a07 Same; limitation.
Article 21.—LAND PATENTS
- 58-2101 Recordation; fees of register of deeds.
- 58-2102 Certified copy of record as evidence.
- 58-2103 Certified copy of patent as evidence.
Article 22.—CONVEYANCES OF LAND
- 58-2201 Who deemed seized and possessed of lands.
- 58-2202 Term "heirs" not necessary to estate in fee simple; what shall pass in conveyance of real estate.
- 58-2203 Form of warranty deed.
- 58-2204 Form of quitclaim deed.
- 58-2205 How conveyances executed and acknowledged.
- 58-2206 Corporation conveyances executed prior to 1887 validated.
- 58-2207 Title acquired after conveyance passes to grantee, when.
- 58-2208 Adverse possession; interest may be conveyed notwithstanding.
- 58-2209 Conveyance of real estate; signature required.
- 58-2210 Creation of trusts or powers, how executed.
- 58-2211 Acknowledgment of instrument relating to real estate.
- 58-2212 Repealed.
- 58-2213 Repealed.
- 58-2214 Unacknowledged deed; proof of execution and delivery.
- 58-2215 Same; before whom proof made.
- 58-2216 Same; certificate, contents.
- 58-2216a, 58-2216b Repealed.
- 58-2216c Repealed.
- 58-2216d Repealed.
- 58-2217 How certificates must be given.
- 58-2218 False statement and certificate; penalty.
- 58-2219 Subpoena of witnesses.
- 58-2220 Repealed.
- 58-2221 Recordation of instruments conveying or affecting real estate; duties of register of deeds.
- 58-2222 Same; filing imparts notice.
- 58-2223 Same; unrecorded instrument valid only between parties having actual notice.
- 58-2223a Repealed.
- 58-2223b Repealed.
- 58-2223c Repealed.
- 58-2223d Repealed.
- 58-2223e Repealed.
- 58-2224 Recordation of instruments, papers or documents; making of photographic or microphotographed copies deemed recording and record books, when.
- 58-2225 Repealed.
- 58-2226 Repealed.
- 58-2227 Repealed.
- 58-2228 Validity of instruments acknowledged in other states.
- 58-2229 Instruments as evidence.
- 58-2230 Same; certified copies as evidence, when; authenticated copies from other states; recordation.
- 58-2231 Instruments recorded prior to 1868 as notice.
- 58-2232 Certificate, record or transcript not conclusive evidence.
- 58-2233 Previous acts not invalidated.
- 58-2234 Validation of acknowledgments made by register of deeds.
- 58-2235 Record of defective instruments made prior to 1887 as notice.
- 58-2236 Record of defective instruments made prior to 1901 as notice.
- 58-2237 Certain defective instruments validated after being on record ten years; instrument, record or copy as evidence.
- 58-2238 Escheats of alien's property to state forfeited, when.
- 58-2239 County clerk to keep transfer record; separate records for tax-exempt lands.
- 58-2240 Furnishing of information on transfer record to appraiser.
- 58-2241 Duty of register of deeds to enter instruments on transfer record.
- 58-2242 Repealed.
- 58-2242a Decree or judgment changing ownership or title to real estate; entry upon transfer records.
- 58-2243 Repealed.
- 58-2244 Repealed.
- 58-2245 Repealed.
- 58-2246 Repealed.
- 58-2247 Title by adverse possession of land for public park.
- 58-2248 Recording title to lands patented by state to railroads.
- 58-2249 Protection of bona fide purchasers of Indian land.
- 58-2250 through 58-2251a Repealed.
- 58-2252 Validating defective assignments and releases of trust deeds.
- 58-2253 Action to set aside defective assignment or releases of trust deeds or to foreclose; time limit.
- 58-2254 Time for bringing actions to enforce claims and liens filed in register of deed's office; exception.
- 58-2255 Validating certain defective and irregular guardians' deeds recorded prior to March 2, 1888.
- 58-2255a Validating certain defective and irregular guardians' deeds recorded after March 1, 1888, and prior to April 1, 1919.
- 58-2256 Failure to return to owners certain instruments pertaining to real estate; demand.
- 58-2257 Instruments pertaining to real estate; failure to return to owners; remedies.
- 58-2258 Records of deeds destroyed by fire in Elk county; validation; time for presenting proof of invalidity.
- 58-2259 Recorded deeds executed pursuant to district or probate court proceedings in Dickinson county prior to January 17, 1882, validated; time for attacking.
- 58-2260 Validating certain Riley county probate court recorded deeds and instruments executed prior to July 12, 1951; time for attacking.
- 58-2261 Same; validating certain recorded judgments or orders rendered prior to July 12, 1951; time for attacking.
- 58-2262 Validating certain proceedings prior to January 1, 1948, and certain deeds recorded prior to July 1, 1948; time for attacking.
- 58-2263 Validating certain instruments recorded prior to January 1, 1944.
- 58-2264 Insurance charges other than premiums on insurance written in connection with transactions unlawful.
- 58-2265 Same; instrument requiring insurance; disclosure of insurance information.
- 58-2266 Same; definitions.
- 58-2267 Same; construction of act.
- 58-2268 Same; penalties for violations.
- 58-2269 Validation of certain deeds executed to convey certain real estate purchased by county in tax foreclosure actions and later sold by county.
- 58-2270 Repealed.
- 58-2271 Abandoned pipeline easements; release, failure to file, remedy.
- 58-2272 Instruments conveying interest involving wind or solar resources and technologies.
- 58-2273 Instruments purporting to cover mineral or royalty rights not owned by grantor; "mother hubbard" or other cover-all clauses.
Article 23.—MORTGAGES OF REAL PROPERTY
- 58-2301 Lien jurisdiction; possession in mortgagor.
- 58-2302 Deed as mortgage.
- 58-2303 Short form of mortgage; warranty.
- 58-2304 Assignments; recording not notice to mortgagor.
- 58-2305 Purchase money mortgage; priority.
- 58-2306 Discharge or assignment of recorded mortgage; procedure.
- 58-2307 Repealed.
- 58-2308 Discharge or assignment of mortgage to be recorded at length.
- 58-2309 Repealed.
- 58-2309a Entry of satisfaction of mortgage; duties and liability of mortgagee or assignee of mortgage; entry of satisfaction of mortgage by lender or closing agent, when.
- 58-2310 Same; application to mortgages heretofore paid.
- 58-2311 Same; joinder of actions.
- 58-2312 Stipulation for attorney fees void.
- 58-2313 Repealed.
- 58-2314 Unenforced foreclosure judgment; entry as cancellation and release of mortgage.
- 58-2315 Removal of buildings unlawful, when.
- 58-2316 Same; effect of removal; sale of buildings.
- 58-2317 Same; penalty.
- 58-2318 Execution of assignments and releases of mortgages by corporations.
- 58-2319 Assignments, acknowledgment of; name and address of assignee.
- 58-2320 Assignments, cost of acknowledgment and recording.
- 58-2321 Assignments not recorded; whom mortgagor may pay.
- 58-2322 Assignments prior to 1899.
- 58-2323 Assignment carries debt secured.
- 58-2324 Legalizing defective assignments.
- 58-2325 Validating defective releases and assignments.
- 58-2326 Validating defective mortgage foreclosure proceedings.
- 58-2327 Action to set aside defective foreclosure or to foreclose such mortgage; time limit.
- 58-2328 Waiver and disclaimer by state of certain interests under defective foreclosure proceedings prior to January 1, 1910.
- 58-2329 Validating certain defective releases and assignments.
- 58-2330 Same; limitation of actions to set aside.
- 58-2331 Repealed.
- 58-2332 Mortgages or deeds of trust recorded prior to 1914 or referred to or described declared void; exceptions.
- 58-2333 Mortgages or deeds of trust recorded or referred to or described of record prior to 1919 declared void; exceptions.
- 58-2333a Mortgages or deeds of trust recorded or referred to or described of record between January 1, 1919, and January 1, 1923, declared void; exceptions.
- 58-2333b Mortgages or deeds of trust recorded or referred to or described of record between January 1, 1919, and January 1, 1927, declared void; exceptions.
- 58-2333c Mortgages or deeds of trust recorded or referred to or described of record between January 1, 1927, and January 1, 1935, declared void; exceptions.
- 58-2333d Mortgages or deeds of trust recorded or referred to or described of record between January 1, 1935, and January 1, 1939, declared void; exceptions.
- 58-2333e Mortgages or deeds of trust recorded or referred to or described of record between January 1, 1939, and January 1, 1943, declared void; exceptions.
- 58-2333f Mortgages or deeds of trust recorded or referred to or described of record between January 1, 1943, and January 1, 1947, declared void; exceptions.
- 58-2333g Mortgages or deeds of trust recorded between January 1, 1947, and January 1, 1951, declared void; exceptions.
- 58-2333h Mortgages or deeds of trust recorded between January 1, 1951, and January 1, 1955, declared void; exceptions.
- 58-2333i Mortgages or deeds of trust recorded between January 1, 1955, and January 1, 1965, declared void; mortgages or deeds of trust recorded on or after January 1, 1965, declared void; exceptions.
- 58-2334 Foreclosure proceedings to enforce mortgages or deeds of trust of electric public utilities.
- 58-2335 Assumption of mortgage obligations by person not party to original mortgage; maximum fee for changing records of lending institutions.
- 58-2336 Liens of mortgages securing loans upon real estate; providing for the securing of future advances; priority of lien.
- 58-2337 Transfer of home loan servicing agent; definitions.
- 58-2338 Same; notice to mortgagor by selling lender; response to mortgagor by purchasing lender.
- 58-2339 Same; annual summary of escrow account to be provided mortgagor by purchasing lender.
- 58-2340 Same; liability of lenders upon failure to comply with act's requirements.
- 58-2341 Same; selling lender not subject to K.S.A. 58-2339.
- 58-2342 Home equity protection; terms, in writing; subject to recission, when; form; voidable, when.
- 58-2343 Assignment of rents of real property; lien; action upon default.
- 58-2344 Authorized use of real estate values furnished to appraisers by lenders.
- 58-2345 Appraisal of unique rural residential real property; sales comparison approach not required; exceptions.
Article 23a.—MORTGAGE MORATORIUM (Not in active use)
- 58-23a01 Repealed.
- 58-23a02 Repealed.
- 58-23a03 Repealed.
- 58-23a04, 58-23a05 Repealed.
- 58-23a06 Repealed.
- 58-23a07 Repealed.
Article 24.—TRUSTS AND POWERS
- 58-2401 How trust concerning land created.
- 58-2402 Title of purchaser without notice of trust.
- 58-2403 Record of trust as notice.
- 58-2404 Repealed.
- 58-2405 Repealed.
- 58-2406 Conveyance to one person when consideration paid by another.
- 58-2407 Same; effect as to creditors.
- 58-2408 Same; cases to which K.S.A. 58-2406 shall not extend.
- 58-2409 Repealed.
- 58-2410 Repealed.
- 58-2411 Repealed.
- 58-2412 Repealed.
- 58-2413 Repealed.
- 58-2414 Grant reserving power of revocation.
- 58-2415 Repealed.
- 58-2416 Power given to married woman.
- 58-2417 Repealed.
- 58-2418 Power to grantee to sell.
- 58-2419 Act does not extend to simple power of attorney to convey lands.
- 58-2420 Repealed.
- 58-2421 through 58-2430 Reserved.
- 58-2431 Trusts for benefit of state or agency or political or governmental subdivision of state; creation; purpose; acceptance; duration.
- 58-2432 Same; trust instruments and acceptance, recording; binding contract.
- 58-2433 Same; funds maintained in special account; use; use or pledging of other funds for trust purposes; lease of property necessary for execution of trust.
- 58-2434 Same; appointment, succession, powers, duties, terms and compensation of trustees.
- 58-2435 Same; property or interest subject to taxation.
- 58-2436 Same; payment of operation, maintenance and depreciation costs; fees and charges.
- 58-2437 Same; trustee required to be agency of state or political or governmental subdivision; liability for acts or omissions of trustee.
- 58-2438 Same; termination.
Article 24a.—UNIFORM PRUDENT INVESTOR ACT
- 58-24a01 Prudent investor rule.
- 58-24a02 Standard of care; portfolio strategy; risk and return objectives; trustee following written directions complies with standard of care.
- 58-24a03 Diversification.
- 58-24a04 Duties at inception of fiduciary relationship.
- 58-24a05 Loyalty.
- 58-24a06 Impartiality.
- 58-24a07 Investment costs.
- 58-24a08 Reviewing compliance.
- 58-24a09 Delegation of investment and management functions.
- 58-24a10 Language invoking standard of act.
- 58-24a11 Application to existing trusts.
- 58-24a12 Uniformity of application and construction.
- 58-24a13 Short title.
- 58-24a14 Severability.
- 58-24a15 Investments of conservators.
- 58-24a16 Investments by fiduciaries in certain corporations and organizations.
- 58-24a17 Investments by fiduciaries in certain loans.
- 58-24a18 Standards for investments by fiduciaries; deviation from instrument or court order not authorized; in investment company or trust.
- 58-24a19 Same; court's power to permit deviation not restricted.
Article 25.—LANDLORDS AND TENANTS
- 58-2501 Tenants at will; terms of lease in certain cases.
- 58-2501a When tenant may remove buildings and improvements.
- 58-2502 Tenants from year to year.
- 58-2503 Rent payable at intervals.
- 58-2504 Termination of tenancy at will; notice.
- 58-2505 Termination of tenancy from year-to-year; notice.
- 58-2506 Termination of farm or pastureland tenancy; notice.
- 58-2506a Termination of farm tenancies; landlord's liability for certain substances and services provided by tenant.
- 58-2507 Termination of lease for three months or longer; notice; effect of payment of rent.
- 58-2508 Termination of tenancy of less than three months for nonpayment of rent; notice.
- 58-2509 Notice to quit not necessary, when.
- 58-2510 Service of notice of termination of lease or tenancy.
- 58-2511 Assignment or transfer by tenant, when.
- 58-2512 Same; re-entry upon violation of K.S.A. 58-2511.
- 58-2513 Attornment of tenant unnecessary; payment of rent.
- 58-2514 Attornment of tenant to stranger void, when.
- 58-2515 Remedies of sublessees.
- 58-2516 Remedies of alienees of lessors and lessees.
- 58-2517 Rents from lands granted for life.
- 58-2518 Recovery of rents dependent on life of another.
- 58-2519 Executors and administrators, remedies and liabilities.
- 58-2520 Occupant without special contract.
- 58-2521 Repairs and improvements by cotenant.
- 58-2522 Recovery by cotenant of rents and profits.
- 58-2523 Action by remainderman or reversioner for waste or trespass.
- 58-2524 Rent as lien on crop.
- 58-2525 Same; lessor's remedies when rent payable in share of crop.
- 58-2526 Recovery of rent from purchaser of crop.
- 58-2527 Attachment for nonpayment of rent; grounds; affidavit and bond.
- 58-2528 Same; contents of affidavit; proceedings.
- 58-2529 Repealed.
- 58-2530 Tenant may waive exemptions.
- 58-2531 Leasing of farm lands; provisions in certain contracts enumerated.
- 58-2532 Terms of such contracts variant from approved rental agreements.
- 58-2533 Such lease contracts against public policy and unenforceable; tenants to pay fair and reasonable sums.
- 58-2534 through 58-2539 Reserved.
- 58-2540 Title of act.
- 58-2541 Arrangements not subject to act.
- 58-2542 Jurisdiction of courts; procedure.
- 58-2543 Definitions.
- 58-2544 Finding of unconscionability; remedies; evidence.
- 58-2545 Rental agreement; terms and conditions in absence thereof.
- 58-2546 Same; agreement not signed and delivered given effect by certain actions; limitation on term.
- 58-2547 Same; prohibited terms and conditions; damages.
- 58-2548 Inventory of premises by landlord and tenant, when; copies.
- 58-2549 Receipt of rent subject to certain obligations.
- 58-2550 Security deposits; amounts; retention; return; damages for noncompliance.
- 58-2551 Disclosures required of landlord or person authorized to enter rental agreement; person failing to comply becomes landlord's agent for certain purposes.
- 58-2552 Delivery of possession of premises; action for possession; damages.
- 58-2553 Duties of landlord; agreement that tenant perform landlord's duties; limitations.
- 58-2554 Conveyance by landlord or termination by manager; notice; no liability for subsequent events.
- 58-2555 Duties of tenant.
- 58-2556 Rules and regulations of landlord; when enforceable.
- 58-2557 Landlord's right to enter; limitations.
- 58-2558 Use of premises; extended absence of tenant.
- 58-2559 Material noncompliance by landlord; notice; termination of rental agreement; limitations; remedies; security deposit.
- 58-2560 Failure by landlord to deliver possession; remedies.
- 58-2561 Action for possession for nonpayment of rent; counterclaim, waiver; accrued rent, payment into court; disposition; when judgment for tenant.
- 58-2562 Damage or destruction by fire or casualty; termination of rental agreement; notice; vacation of part of dwelling; reduction of rent; security deposit.
- 58-2563 Unlawful removal or exclusion of tenant; diminished services; damages; security deposit.
- 58-2564 Material noncompliance by tenant; notice; termination of rental agreement; limitations; nonpayment of rent; remedies.
- 58-2565 Extended absence of tenant; damages; entry by landlord; abandonment by tenant, when; reasonable effort to rent required; termination of rental agreement, when; personal property of tenant; disposition, procedure; proceeds; rights of person receiving property.
- 58-2566 Acceptance of late rent; effect.
- 58-2567 Lien or security interest in tenant's personal property unenforceable; distraint abolished, exception.
- 58-2568 Landlord's remedies upon termination of rental agreement.
- 58-2569 Landlord's recovery or possession of dwelling; limitations.
- 58-2570 Termination of tenancy; notice; holdover by tenant; remedies; notice obligating tenant beyond terms of lease agreement, form.
- 58-2571 Tenant's refusal to allow lawful access; remedies; landlord's unlawful or unreasonable entry; remedies.
- 58-2572 Certain retaliatory actions by landlord prohibited; remedies; increased rent, when; action for possession, when.
- 58-2573 Inapplicability of act.
- 58-2574 through 58-2599 Reserved.
- 58-25,100 Title of Act.
- 58-25,101 Application of act, exclusions.
- 58-25,102 Jurisdiction of courts; procedure.
- 58-25,103 Definitions.
- 58-25,104 Finding of unconscionability, remedies; evidence.
- 58-25,105 Terms and conditions of rental agreement; terms and conditions in absence of rental agreement; notice of tenant's rights under act.
- 58-25,106 Prohibited terms and conditions.
- 58-25,107 Receipt of rent subject to certain obligations.
- 58-25,108 Security deposits.
- 58-25,109 Disclosures required of landlord or person authorized to enter rental agreement; person failing to comply becomes landlord's agent for certain purposes; rental agreement not signed and delivered given effect by certain actions, limitation on term; explanation of utility rates and charges; written notice of rent increase.
- 58-25,110 Delivery of possession of mobile home space; action for possession; damages.
- 58-25,111 Duties of landlord.
- 58-25,112 Conveyance by landlord or termination by manager; notice; no liability for subsequent events.
- 58-25,113 Duties of tenant.
- 58-25,114 Rules and regulations of landlord, when enforceable; notice; limitations.
- 58-25,115 Landlord's right to access; limitations.
- 58-25,116 Tenant to occupy as a dwelling unit; authority to sublet.
- 58-25,117 Material noncompliance by landlord; notice; termination of rental agreement; limitations; remedies; security deposit.
- 58-25,118 Failure to deliver possession; remedies.
- 58-25,119 Unlawful removal or exclusion of tenant; diminished services; damages; security deposit.
- 58-25,120 Material noncompliance by tenant; notice; termination of rental agreement; limitations; nonpayment of rent; remedies.
- 58-25,121 Abandonment, remedies; required registration.
- 58-25,122 Acceptance of late rent, effect.
- 58-25,123 Termination of tenancy; holdover by tenant; remedies.
- 58-25,124 Tenant's refusal to allow lawful access, remedies; landlord's unlawful or unreasonable entry, remedies.
- 58-25,125 Certain retaliatory actions by landlord prohibited, remedies; increased rent, when; action for possession, when.
- 58-25,126 Act inapplicable to rental agreements valid prior to act; renewals, extensions or modifications.
- 58-25,127 Separate metering for water by landlord; requirements; not public utility.
- 58-25,128 through 58-25,136 Reserved.
- 58-25,137 Housing protections for persons affected by domestic violence, sexual assault, human trafficking or stalking.
Article 26.—TOWNSITES, LOTS AND PLATTED LANDS
- 58-2601 Entry and disposal of townsites.
- 58-2602 Owners of estate or interest in land deemed copartnership, when.
- 58-2603 Death of partner, effect; rights of survivors.
- 58-2604 Heirs of deceased partner to join with surviving partners in conveyances.
- 58-2605 Heirs of deceased partner to join with surviving partners in filing plat; action to compel heirs to execute deeds or plats.
- 58-2606 Action by resident surviving partner; proceedings; judgment.
- 58-2607 Deeds made prior to judgment.
- 58-2608 Map or plat by surviving partner and heirs.
- 58-2609 Bond of surviving partner.
- 58-2610 Power of district court.
- 58-2611 Enforcement of agreements to lay off and distribute town lots.
- 58-2612 Repealed.
- 58-2612a Plat of original town or addition thereto of record prior to June 30, 1934; presumptions, application.
- 58-2613 Vacation of certain plats, streets, easements or reservations; petition; hearing.
- 58-2614 Same; order; protest by city; recordation of order; costs.
- 58-2615 Same; act supplemental.
- 58-2616 Vacation of Orsemus townsite in Kingman county.
Article 27.—RIGHTS OF ALIENS IN LAND (Not in active use)
- Revisor's Note:
  
  Later act, see 59-511 et seq.
- 58-2701 through 58-2711 Repealed.
Article 28.—EXAMINATION, REGISTRATION, LICENSING AND BONDING OF ABSTRACTERS
- 58-2801 License; annual fee, fixing of amount by rules and regulations, limitation, proration for partial year; application; inactive license.
- 58-2802 Bond and insurance requirements; liabilities, limitations; abstracting of certain rights-of-way and easements; additional bond; certain acts prohibited.
- 58-2803 Repealed.
- 58-2804 Free access to county records.
- 58-2805 Examinations; notice; fee; denial of license upon failure; second examination.
- 58-2806 Suspension or revocation of license; notice and hearing.
- 58-2807 Repealed.
- 58-2808 Seal of licensee.
- 58-2809 Violations by licensees unlawful.
- 58-2810 Unlawful for county officers to prevent use of records.
- 58-2811 Unlawful for abstracters to pay portions of charges made for services.
- 58-2812 Licenses not granted to applicants with corporate or business names duplicative of corporate or business names of licensees in counties where applicant to transact business; exception.
- 58-2813 Prohibition on conducting abstracting business without full-time services of licensee.
Article 29.—BANKRUPTCY
- 58-2901 Recording of certain papers filed in bankruptcy proceedings; effect; fee.
Article 30.—REAL ESTATE BROKERS AND SALESPERSONS
- 58-3001 Repealed.
- 58-3002 Repealed.
- 58-3003 Repealed.
- 58-3004 Repealed.
- 58-3005 Repealed.
- 58-3006 Repealed.
- 58-3007 Repealed.
- 58-3008 Repealed.
- 58-3009 Repealed.
- 58-3010 Repealed.
- 58-3011 Repealed.
- 58-3012 Repealed.
- 58-3013 Repealed.
- 58-3014 Repealed.
- 58-3015 Repealed.
- 58-3016 Repealed.
- 58-3017 Repealed.
- 58-3018 Repealed.
- 58-3019 Repealed.
- 58-3020, 58-3021 Repealed.
- 58-3022 Repealed.
- 58-3023 through 58-3028 Repealed.
- 58-3029 Repealed.
- 58-3030 Repealed.
- 58-3031 through 58-3033 Repealed.
- 58-3034 Title of act.
- 58-3035 Definitions.
- 58-3035a Repealed.
- 58-3036 Licensure required.
- 58-3037 Exemptions.
- 58-3038 Licensure required for recovery of compensation for services; exceptions.
- 58-3039 Licensure; application; criminal history record check; qualifications; examination.
- 58-3039a Repealed.
- 58-3040 Nonresident license.
- 58-3041 Restricted or conditioned license.
- 58-3042 License nontransferable; only individuals licensed; primary office; supervising broker.
- 58-3043 Granting or renewal of license; considerations of the commission; conviction of crime; effect of.
- 58-3044 Denial of license; hearing; incomplete applications.
- 58-3045 Expiration of license; renewal, fee; reinstatement and renewal of expired license, late fee.
- 58-3046 Repealed.
- 58-3046a Licensure; educational requirements.
- 58-3046b Same; act supplemental to license act.
- 58-3047 Issuance of license; deactivation and reinstatement; termination of salesperson or associate broker, effect on license; duties of supervising broker and branch broker; effect of deactivation.
- 58-3048 Commission powers and duties.
- 58-3049 Repealed.
- 58-3050 Refusal to grant or renew; revocation, suspension or restriction of license; censure of licensee; disciplinary actions; civil fines; aggravating circumstances; procedures; recovery of actual costs and attorney fees.
- 58-3051 through 58-3055 Repealed.
- 58-3056 Costs of hearing; assessment; itemization.
- 58-3057 Repealed.
- 58-3058 Appeal of commission orders.
- 58-3059 Repealed.
- 58-3060 Brokers; primary office and branch offices, requirements, notices to commission of certain changes or office closure; effect of office closure on affiliated licenses.
- 58-3061 Trust accounts.
- 58-3062 Prohibited acts.
- 58-3063 Fees.
- 58-3064 Injunction to enforce law.
- 58-3065 Penalties for violations; reporting of minor violations for prosecution not required.
- 58-3066 Recovery revolving fund; assessment of fees to maintain balance; payments; interest.
- 58-3067 Same; recovery from; limitations.
- 58-3068 Recovery revolving fund; use of moneys, limitations.
- 58-3069 Same; court order directing payment from, when; hearing; recovery limitation; attorney fees.
- 58-3070 Same; duties of commission in recovery actions; fees and expenses of counsel.
- 58-3071 Same; conditions on court order of directing payment.
- 58-3072 Same; payment from in settlement of claim; revocation of license until reimbursement of amount paid.
- 58-3073 Same; unlawful acts; penalty.
- 58-3074 Disposition of moneys received by commission; real estate fee fund.
- 58-3075 Severability clause.
- 58-3076 Referral fees, solicitation of; relocation benefits, threats to reduce or withhold; terminating or amending agency agreements.
- 58-3077 Commercial real estate; sharing commissions with unlicensed persons, when authorized.
- 58-3078 Residential real estate sales contract; required language; information regarding registration of persons convicted of crimes.
- 58-3078a Same; information regarding radon.
- 58-3079 Supervising broker; use of trade name.
- 58-3080 Licenses of certain licensees placed on inactive status, when, pending transactions.
- 58-3081 Suspension or revocation of certain licenses; effect on associated or employed licensees, pending transactions.
- 58-3082 Suspended, deactivated or revoked license; effect on commissions.
- 58-3083 Expiration or deactivation of certain licenses; notifications required, when.
- 58-3084 Expiration, suspension, deactivation or revocation of certain licenses; effect on pending closings.
- 58-3085 Limitations on advertising, when.
- 58-3086 Advertising; prohibitions; requirements of; information disclosed; filing of agreements.
- 58-3087 through 58-30,100 Reserved.
- 58-30,101 Title of act; compliance.
- 58-30,102 Definitions.
- 58-30,103 Written agency agreements; written transaction brokerage agreements.
- 58-30,104 Termination of relationships.
- 58-30,105 Compensation.
- 58-30,106 Minimum requirements of seller's or landlord's agent.
- 58-30,107 Minimum requirements of buyer's or tenant's agent.
- 58-30,108 Repealed.
- 58-30,109 Brokerage firm acting as a transaction broker; affiliated licensees; designated agents; rules and regulations.
- 58-30,110 Real estate brokerage relationships.
- 58-30,111 Imputed knowledge.
- 58-30,112 Forms; rules and regulations.
- 58-30,113 Transaction broker; obligations of; disclosure of information.
Article 30a.—COMMERCIAL REAL ESTATE BROKER LIEN ACT
- 58-30a01 Citation.
- 58-30a02 Definitions.
- 58-30a03 Amount of lien; conditions.
- 58-30a04 Notice of lien.
- 58-30a05 When lien attaches.
- 58-30a06 Compensation paid in installments; when lien is effective and attaches.
- 58-30a07 Leases.
- 58-30a08 When lien attaches.
- 58-30a09 Leases; sublease or assignment of lease; notice; attachment.
- 58-30a10 When additional compensation is owed.
- 58-30a11 Additional compensation due; action to foreclose lien, time, when.
- 58-30a12 Broker precluded from receiving compensation; release or satisfaction of lien.
- 58-30a13 Notice of lien for owner; failure to provide.
- 58-30a14 Enforcement of lien; foreclosure petition; priority of liens.
- 58-30a15 Failure to file suit to foreclose lien.
- 58-30a16 Recording of satisfaction or release of lien, when required.
- 58-30a17 Who may demand the entering of satisfaction or release of lien.
- 58-30a18 Costs.
Article 31.—APARTMENT OWNERSHIP ACT
- 58-3101 Name of act; citation.
- 58-3102 Definitions.
- 58-3103 Application of act.
- 58-3104 Status of the apartments.
- 58-3105 Ownership of apartments.
- 58-3106 Common areas and facilities.
- 58-3107 Compliance with covenants, bylaws and administrative provisions.
- 58-3108 Certain work prohibited.
- 58-3109 Liens against apartments; removal from lien; effect of part payment.
- 58-3110 Common profits and expenses.
- 58-3111 Contents of declaration.
- 58-3112 Contents of deeds of apartments or condominium units.
- 58-3113 Copy of the floor plans to be filed.
- 58-3114 Blanket mortgages and other blanket liens affecting an apartment at time of first conveyance.
- 58-3115 Recording; plat not recorded, when.
- 58-3115a Conversion of convertible lands.
- 58-3115b Expansion of condominiums.
- 58-3115c Certain sections supplemental to apartment ownership act; certain condominiums unaffected.
- 58-3116 Removal from provisions of this act.
- 58-3117 Removal no bar to subsequent resubmission.
- 58-3118 Bylaws.
- 58-3119 Same; contents.
- 58-3120 Books of receipts and expenditures; availability for examination.
- 58-3121 Waiver of use of common areas and facilities; abandonment of apartment.
- 58-3122 Separate taxation.
- 58-3123 Priority of liens.
- 58-3124 Joint and several liability of grantor and grantee for unpaid common expenses.
- 58-3125 Insurance.
- 58-3126 Disposition of property; destruction or damage.
- 58-3127 Actions.
- 58-3128 Personal application.
- 58-3129 Invalidity of part.
Article 32.—LAND AND WATER RECREATIONAL AREAS
- 58-3201 Limiting liability of property owners to persons entering premises for recreational purposes.
- 58-3202 Limiting liability of property owners to persons entering premises for recreational purposes; definitions.
- 58-3203 Limited liability of property owners; owner's duty of care.
- 58-3204 Same; owner's responsibility.
- 58-3205 Same; application to lands leased to state or subdivision.
- 58-3206 Same; nonapplication of act to certain liabilities.
- 58-3207 Same; construction of act as to certain liabilities and obligations.
- 58-3208 Same; prohibition of easements.
- 58-3209, 58-3210 Reserved.
- 58-3211 Definitions.
- 58-3212 Duties of responsible party.
- 58-3213 Procedures for development.
- 58-3214 Adjacent property owners; duty of care.
- 58-3215 Actions to enforce act; orders of court.
- 58-3216 Severability.
- 58-3217 through 58-3220 Reserved.
- 58-3221 Sport shooting ranges; definitions.
- 58-3222 Same; conformance to generally accepted operation practices; application of law relating to noise control and nuisance.
- 58-3223 Same; application of local law.
- 58-3224 Same; regulation by local governments; taking of range for certain uses prohibited.
- 58-3225 Same; rules and regulations.
Article 33.—UNIFORM LAND SALES PRACTICES ACT (Not in active use)
- 58-3301 Repealed.
- 58-3302 Repealed.
- 58-3303 Repealed.
- 58-3304 Repealed.
- 58-3305 Repealed.
- 58-3306 Repealed.
- 58-3307 Repealed.
- 58-3308 Repealed.
- 58-3309 Repealed.
- 58-3310 Repealed.
- 58-3311 Repealed.
- 58-3312 Repealed.
- 58-3313 Repealed.
- 58-3314 Repealed.
- 58-3315 Repealed.
- 58-3316 Repealed.
- 58-3317 Repealed.
- 58-3318 Repealed.
- 58-3319 Repealed.
- 58-3320 Repealed.
- 58-3321 Repealed.
- 58-3322 Repealed.
- 58-3323 Repealed.
Article 34.—MARKETABLE RECORD TITLE ACT
- 58-3401 Citation of act.
- 58-3402 Definitions.
- 58-3403 Marketable record title; unbroken chain of title.
- 58-3404 Validity of certain interests.
- 58-3405 Same; effect; certain interests, claims and charges declared null and void.
- 58-3406 Notice required to preserve claim of interest in land, exception.
- 58-3407 Notice; contents; filing; recording and indexing by register of deeds; "notice index."
- 58-3408 Certain interests not barred or extinguished.
- 58-3409 Same; certain statutes not affected.
- 58-3410 Prohibited claims; effect of filing.
- 58-3411 Construction of act.
- 58-3412 Extension of time period.
Article 35.—RELOCATION ASSISTANCE FOR PERSONS DISPLACED BY ACQUISITION OF REAL PROPERTY
- Revisor's Note:
  
  Former law, see 68-174 to 68-181.
- 58-3501 Purpose of act.
- 58-3502 Displacement of persons pursuant to programs involving federal government; powers of state and local governments; relocation payments.
- 58-3503 Same; appeal by aggrieved persons.
- 58-3504 Application of act to condemnation proceedings.
- 58-3505 Repealed.
- 58-3506 Rules and regulations.
- 58-3507 Relocation assistance payments exempt from state setoff procedures.
- 58-3508 Displacement of persons by action of condemning authority; relocation payments and assistance.
- 58-3509 Appeals of a determination of relocation payments; requirements and procedures.
Article 36.—UNIFORM PRUDENT MANAGEMENT OF INSTITUTIONAL FUNDS ACT
- 58-3601 Repealed.
- 58-3602 Repealed.
- 58-3603 through 58-3609 Repealed.
- 58-3610 Short title.
- 58-3611 Short title.
- 58-3612 Definitions.
- 58-3613 Standard of conduct in managing and investing institutional fund.
- 58-3614 Appropriation for expenditure or accumulation of endowment fund; rules of construction.
- 58-3615 Delegation of management and investment functions.
- 58-3616 Release or modification of restrictions on management, investment or purpose.
- 58-3617 Reviewing compliance.
- 58-3618 Application to existing institutional funds.
- 58-3619 Relation to electronic signatures in global and national commerce act.
- 58-3620 Uniformity of application and construction.
Article 37.—TOWNHOUSE OWNERSHIP ACT
- 58-3701 Name of act; citation.
- 58-3702 Definitions.
- 58-3703 Scope of act.
- 58-3704 Townhouse units.
- 58-3705 Covenants, conditions and restrictions.
- 58-3706 Declaration; contents.
- 58-3707 Recordation of declaration and legal description; plat not recorded, when.
- 58-3708 Amendments to declaration.
- 58-3709 No exemption from liability.
- 58-3710 Common expenses; liens; foreclosure sale.
- 58-3711 Same; effect of conveyances.
- 58-3712 Insurance coverage; proceeds; blanket coverage.
- 58-3713 Townhouse units unaffected, when.
Article 38.—EASEMENTS
- 58-3801 Creation of solar easements; recordation.
- 58-3802 Same; contents.
- 58-3803 Repealed.
- 58-3804 Repealed.
- 58-3805 Repealed.
- 58-3806 through 58-3809 Repealed.
- 58-3810 Uniform conservation easement act; definitions.
- 58-3811 Same; creation; duration; impairment; conveyance or assignment.
- 58-3812 Same; judicial actions; who may bring action affecting conservation easement; modification or termination by court.
- 58-3813 Same; validity of conservation easement.
- 58-3814 Same; application of act.
- 58-3815 Same; uniformity of application and construction.
- 58-3816 Same; certain utility and water district easements not impaired.
- 58-3817 Same; short title.
- 58-3818, 58-3819 Reserved.
- 58-3820 Restrictive covenants; political yard signs; limitations.
- 58-3821 Transfer fee covenant; definitions; not enforceable.
- 58-3822 Same; limitations.
- 58-3823 through 58-3829 Reserved.
- 58-3830 Repealed.
Article 39.—DISPOSITION OF UNCLAIMED PROPERTY ACT
- Revisor's Note:
  
  The provisions of K.S.A. 58-3934 through 58-3978 are the Uniform Unclaimed Property Act (1981) with changes recommended by the National Association of Unclaimed Property Administrators and further amendments based upon Kansas requirements.
- 58-3901 Repealed.
- 58-3902 Repealed.
- 58-3903, 58-3904 Repealed.
- 58-3905 Repealed.
- 58-3906 Repealed.
- 58-3907 Repealed.
- 58-3908 Repealed.
- 58-3909 Repealed.
- 58-3909a Repealed.
- 58-3910 Repealed.
- 58-3911 Repealed.
- 58-3912 Repealed.
- 58-3913 Repealed.
- 58-3914 Repealed.
- 58-3915 through 58-3917 Repealed.
- 58-3918 Repealed.
- 58-3919 Repealed.
- 58-3920 Repealed.
- 58-3921 Repealed.
- 58-3922 Repealed.
- 58-3923 through 58-3927 Repealed.
- 58-3928 Repealed.
- 58-3929 Repealed.
- 58-3930 Repealed.
- 58-3931 Repealed.
- 58-3932 Repealed.
- 58-3933 Repealed.
- 58-3934 Definitions.
- 58-3935 Property presumed abandoned; when; general rule.
- 58-3936 General rules for taking custody of intangible unclaimed property.
- 58-3937 Repealed.
- 58-3938 Burden of proof as to property evidenced by record of check or draft.
- 58-3939 Repealed.
- 58-3940 through 58-3942 Repealed.
- 58-3943 Stock and other intangible interests in business associations.
- 58-3944 through 58-3948 Repealed.
- 58-3949 Contents of safe deposit box or other safekeeping repository.
- 58-3950 Report of abandoned property.
- 58-3951 Advertising of unclaimed property; information required.
- 58-3952 Payment or delivery of abandoned property.
- 58-3953 Custody of state; holder relieved from liability; reimbursement of holder paying claim; reclaiming for owner; defense of holder; payment of safe deposit box or repository charges.
- 58-3954 Crediting of dividends, interest, or increments to owner's account.
- 58-3955 Public sale of abandoned property; exceptions.
- 58-3956 Deposit of funds.
- 58-3957 Filing of claim with administrator.
- 58-3958 Claim of another state to recover property; procedure.
- 58-3959 Action to establish claim.
- 58-3960 Election to take property or delivery.
- 58-3961 Destruction or disposition of property having insubstantial commercial value; immunity from liability.
- 58-3962 Periods of limitation.
- 58-3963 Requests for reports and examination of records.
- 58-3964 Retention of records.
- 58-3965 Enforcement.
- 58-3966 Interstate agreements and cooperation; joint and reciprocal actions with other states.
- 58-3967 Interest and penalties.
- 58-3968 Agreement to locate reported property.
- 58-3969 Foreign transactions.
- 58-3970 Effect of new provisions; clarification of application.
- 58-3971 Rules and regulations.
- 58-3972 Severability.
- 58-3973 Uniformity of application and construction.
- 58-3974 Act not applicable in certain instances.
- 58-3975 Application to certain intangible property originating or issued in Kansas.
- 58-3976 Government agency cooperation.
- 58-3977 Unclaimed mineral proceeds trust fund; transfers from and to state general fund; annual accounting report.
- 58-3978 Approval of expenditures from unclaimed property claims fund, unclaimed property expense fund and unclaimed mineral proceeds trust fund; transfer of assets and liabilities of prior funds.
- 58-3979 United States savings bonds; unclaimed property; escheat; procedure.
- 58-3980 United States savings bonds; claim for such bonds.
Article 40.—MUSEUM PROPERTY
- 58-4001 Citation of act.
- 58-4002 Definitions.
- 58-4003 Notices; required information; certified mail; publication.
- 58-4004 Authority to apply conservation measures or dispose of property on loan; effect.
- 58-4005 Loaned property; acquisition of title.
- 58-4006 Undocumented property; acquisition of title.
- 58-4007 Preservation of interest in loaned property; notice, contents.
- 58-4008 Limitations on certain actions regarding loaned property; exceptions; nonliability for returning property.
- 58-4009 Museum obligations to lender or claimant.
- 58-4010 Property records; retention period.
- 58-4011 Property lender or claimant; required notices.
- 58-4012 Act exclusive procedure for museums; exception, state historical society.
- 58-4013 Retroactive application.
Article 41.—REAL ESTATE APPRAISERS
- 58-4101 Short title.
- 58-4102 Definitions.
- 58-4103 Certification or licensure, when required; temporary certification or licensure; penalty for violations; exemptions.
- 58-4104 Real estate appraisal board; establishment.
- 58-4105 Real estate appraisal board; powers; requirements for certification.
- 58-4106 Repealed.
- 58-4107 Fees.
- 58-4108 Application for certification, licensure or examination.
- 58-4109 Classes of appraisers.
- 58-4110 Expiration of certificates and licenses.
- 58-4111 Reciprocal certification and licensure.
- 58-4112 Real estate appraisers; renewal of certificate or license.
- 58-4112a Real estate appraisers; inactive status.
- 58-4113 Denial of certificate or license.
- 58-4114 Appraiser's address; notice to commission.
- 58-4115 Certificate or license; number required, when.
- 58-4116 Certification and licensure limited to individuals.
- 58-4117 Continuing education.
- 58-4118 Revocation, condition, limitation or suspension of certificate or license or other disciplinary action; non-licensed persons; civil fine; cease and desist order.
- 58-4119 Hearings, costs.
- 58-4120 Judicial review of board action.
- 58-4121 Appraisal practice standards.
- 58-4122 Employment of certified or licensed appraiser, purpose.
- 58-4123 Appraiser's records, retention and board access; consent to inspection.
- 58-4124 Mandatory licensure or certification, study and recommendations by board.
- 58-4125 Severability.
- 58-4126 Repealed.
- 58-4127 Fingerprints; criminal history record check.
Article 42.—MANUFACTURED HOUSING
- 58-4201 Manufactured housing act; citation.
- 58-4202 Same; definitions.
- 58-4203 Same; manufactured housing not subject to certain laws and rules and regulations; movement on highways and streets, law applicable.
- 58-4204 Same; certificate of title, application and issuance; form of certificate of title; statement of origin; fees; notice of security interest; assignments of certificates of title; release of lien or encumbrance; electronic certificate of title.
- 58-4204a Electronic certificates of title.
- 58-4205 Same; public policy regarding regulation of persons engaged in the manufacture, distribution, sale or installation of manufactured or mobile homes.
- 58-4206 Same; compliance with law required to engage in the business of manufactured home dealer.
- 58-4207 Same; requirements for licensure as a manufactured home dealer; application, contents, term of license; fees; financial responsibility requirements, bonding; place of business requirements.
- 58-4208 Same; dealer's license issuance and renewal conditional upon insurance; requirements of insurance.
- 58-4209 Same; manufactured home sales agreements, required contents.
- 58-4210 Same; dealer's license requirements.
- 58-4211 Same; denial, suspension and revocation of licenses, when; procedure; civil penalties.
- 58-4212 Same; state manufactured home construction and safety standards identical to federal standards, exception.
- 58-4213 Valueless mobile home; notice; new title; liability.
- 58-4214 Manufactured housing; elimination of certificate of title; requirements; real property.
- 58-4215 Elimination of certificate of title; forms; rules and regulations.
- 58-4216 Certain sections part of Kansas manufactured housing act.
- 58-4217 Regulation of manufactured home installation; purposes; legislative intent.
- 58-4218 Same; Kansas housing resources corporation; adoption of rules and regulations, installation standards; department of revenue agent for corporation; president's powers and duties.
- 58-4219 Same; installer's licensure requirements; fees; municipality powers; exceptions to licensure; examinations; apprentice installer licensure requirements.
- 58-4220 Same; municipalities; inspections, fee.
- 58-4221 Same; unlawful acts of licensees or applicants for licenses; penalties.
- 58-4222 Same; unlawful acts of unlicensed persons; penalties.
- 58-4223 Same; hearing.
- 58-4224 Same; remedy of homeowner for noncompliance with installation standards; procedure; inspection; order of president; bearing.
- 58-4225 Same; rules and regulations.
- 58-4226 Same; remittance and deposit of civil penalties and fees in state housing trust fund.
- 58-4227 Same; certain sections part of Kansas manufactured housing act.
Article 43.—EXPEDITED DETERMINATION OF VALIDITY OF LIENS
- 58-4301 Liens and claims against real or personal property; expedited process to review and determine validity.
- 58-4302 Civil action against person filing fraudulent lien or claim; procedure; orders.
Article 44.—UNIFORM REAL PROPERTY ELECTRONIC RECORDING ACT
- 58-4401 Citation.
- 58-4402 Definitions.
- 58-4403 Requirement for original, on paper, in writing satisfied by electronic document; requirement for signature satisfied by electronic signature.
- 58-4404 Register of deeds authorized to implement act.
- 58-4405 Electronic recording commission created; duties.
- 58-4406 Uniformity of act.
- 58-4407 Modification, limitation, superceding of federal acts.
Article 45.—HOME INSPECTORS (Not in active use)
- 58-4501 Expired.
- 58-4502 Expired.
- 58-4503 Expired.
- 58-4504 Expired.
- 58-4505 Expired.
- 58-4506 Expired.
- 58-4507 Expired.
- 58-4508 Expired.
- 58-4509 Expired.
- 58-4510 Expired.
- 58-4511 Expired.
- 58-4512 Expired.
- 58-4513 Repealed.
- 58-4514 Expired.
Article 46.—KANSAS UNIFORM COMMON INTEREST OWNERS BILL OF RIGHTS ACT
- 58-4601 Kansas uniform common interest owners bill of rights act; findings; purpose.
- 58-4602 Same; definitions.
- 58-4603 Same; provisions mandatory.
- 58-4604 Same; duty of good faith.
- 58-4605 Same; application of act.
- 58-4606 Same; prospective application; supersedes existing provisions.
- 58-4607 Same; arrangements not considered common interest communities.
- 58-4608 Same; association duties; restrictions; board of directors discretion.
- 58-4609 Same; officers, board of directors duties; restrictions.
- 58-4610 Same; bylaws.
- 58-4611 Same; association meetings; notice.
- 58-4612 Same; open meetings; executive session restrictions; copies of materials to owners; declarant control, special procedures.
- 58-4613 Same; quorum requirements; rules of order.
- 58-4614 Same; unit owner voting procedures.
- 58-4615 Reserved.
- 58-4616 Same; record keeping requirements; records open to unit owners; copy fees.
- 58-4617 Same; rules; adoption procedures; notice.
- 58-4618 Same; delivery of notice.
- 58-4619 Same; board of directors; removal.
- 58-4620 Same; adoption of budget; special assessments.
- 58-4621 Same; enforcement of rights.
- 58-4622 Same; application of law.
- 58-4623 Same; act supersedes certain laws.
Article 47.—KANSAS APPRAISAL MANAGEMENT COMPANY REGISTRATION ACT
- 58-4701 Kansas appraisal management company registration act; citation of act.
- 58-4702 Same; purpose.
- 58-4703 Same; definitions.
- 58-4704 Same; application for registration; transmission of information to national registry.
- 58-4705 Same; exemptions from registration.
- 58-4706 Same; registration period.
- 58-4707 Same; requirements for nonresident applicants; investigation.
- 58-4708 Same; fees; collection and remittance.
- 58-4709 Same; limitation on ownership interest in an AMC; conditions.
- 58-4710 Same; designation of controlling person for AMC.
- 58-4711 Same; AMC appraiser requirements.
- 58-4712 Same; appraisal review reporting.
- 58-4713 Same; record keeping required; inspection of records.
- 58-4714 Same; disclosures.
- 58-4715 Same; unlawful acts; registration required.
- 58-4716 Same; unlawful acts.
- 58-4717 Same; prohibited acts.
- 58-4718 Same; prompt payment.
- 58-4719 Same; modification of appraisal prohibited.
- 58-4720 Same; registration number.
- 58-4721 Same; removal of appraiser, limitation.
- 58-4722 Same; denial of registration or renewal thereof; grounds.
- 58-4723 Same; penalties; hearing.
- 58-4724 Same; hearing; assessment of costs.
- 58-4725 Same; rules and regulations.
Article 48.—REVISED UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT (2015)
- 58-4801 Citation of act.
- 58-4802 Definitions.
- 58-4803 Applicability.
- 58-4804 User direction for disclosure of digital assets.
- 58-4805 Terms-of-service agreement.
- 58-4806 Procedure for disclosing digital assets.
- 58-4807 Disclosure of content of electronic communications of deceased user.
- 58-4808 Disclosure of other digital assets of deceased user.
- 58-4809 Disclosure of content of electronic communications of principal.
- 58-4810 Disclosure of other digital assets of principal.
- 58-4811 Disclosure of digital assets held in trust when trustee is original user.
- 58-4812 Disclosure of contents of electronic communications held in trust when trustee is not original user.
- 58-4813 Disclosure of other digital assets held in trust when trustee is not original user.
- 58-4814 Disclosure of digital assets to guardian or conservator of ward or conservatee.
- 58-4815 Fiduciary duty and authority.
- 58-4816 Custodian compliance and immunity.
- 58-4817 Uniformity of application and construction.
- 58-4818 Relation to electronic signatures in global and national commerce act.
- 58-4819 Severability.
Article 49.—FIRST-TIME HOME BUYER SAVINGS ACCOUNT ACT
- 58-4901 Citation of act.
- 58-4902 Definitions.
- 58-4903 Designation of first-time home buyer savings account; designated beneficiary; contribution limits; responsibilities of account holder.
- 58-4904 Use of account moneys; withdrawals; subject to recapture, when; penalty.
- 58-4905 Annual reporting; forms; rules and regulations.
- 58-4906 Financial institutions; actions not responsible or liable for.
Article 50.—KANSAS UNIFORM DIRECTED TRUST ACT
- 58-5001 Citation of act.
- 58-5002 Definitions.
- 58-5003 Application; principal place of administration.
- 58-5004 Common law and principles of equity.
- 58-5005 Exclusions.
- 58-5006 Powers of trust director.
- 58-5007 Limitations on trust director.
- 58-5008 Duty and liability of trust director.
- 58-5009 Duty and liability of directed trustee.
- 58-5010 Duty to provide information to trust director or trustee.
- 58-5011 No duty to monitor, inform or advise.
- 58-5012 Application to cotrustee.
- 58-5013 Limitation of action against trust director.
- 58-5014 Defenses in action against trust director.
- 58-5015 Jurisdiction over trust director.
- 58-5016 Office of trust director.
- 58-5017 Uniformity of application and construction.
- 58-5018 Relation to electronic signatures in global and national commerce act.

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