MARKETABLE RECORD TITLE ACT

K.S.A. ch. 58, art. 34

in effect

K.S.A. 58-3401 Citation of act.

58-3401. Citation of act. This act shall be known and may be cited as the "marketable record title act." L. 1973, ch. 227, § 1; July 1. Law Review and Bar Journal References: "Kansas' Marketable Record Title Act," Christel E. Marquardt, 13 W.L.J. 33, 45 (1974).

K.S.A. 58-3402 Definitions.

58-3402. Definitions. As used in this act: (a) "Muniments" means the records of title transactions in the chain of title of a person purporting to create the interest in land claimed by the person and upon which the person relies as a basis for the marketability of the person's title, commencing with the root of title and including all subsequent transactions. (b) "Person" means an individual, partnership, corporation, organization or other association. (c) "Person dealing with land" includes a purchaser of any estate or interest therein, a mortgagee, a levying or attaching creditor, a land contract vendee or any other person seeking to acquire an estate or interest therein, or impose a lien thereon. (d) "Recording," when applied to the official public records of any office or court, includes filing. (e) "Records" includes probate and other official public records, as well as records in the office of the register of deeds. (f) "Root of title" means that conveyance or other title transaction in the chain of title of a person, purporting to create the interest claimed by the person, upon which the person relies as a basis for the marketability of the person's title and which was the most recent to be recorded as of a date 25 years prior to the time when marketability is being determined. The effective date of the root of title is the date on which it is recorded. (g) "Title transaction" means any transaction affecting title to any interest in land, including title by will, descent, tax deed, mineral deed, lease or reservation; by trustee's, referee's, guardian's, conservator's, executor's, administrator's, master in chancery's or sheriff's deed; by decree of any court; or by warranty deed, quitclaim deed or mortgage. L. 1973, ch. 227, § 2; L. 1984, ch. 206, § 1; July 1. Law Review and Bar Journal References: "Kansas' Marketable Record Title Act," Christel E. Marquardt, 13 W.L.J. 33, 39, 46 (1974).

K.S.A. 58-3403 Marketable record title; unbroken chain of title.

58-3403. Marketable record title; unbroken chain of title. Any person who has the legal capacity to own land in this state and who has an unbroken chain of title of record to any interest in land for 25 years or more shall be deemed to have a marketable record title to that interest, subject only to the exceptions and conditions stated in this act. A person shall be deemed to have an unbroken chain of title when the official public records disclose a conveyance or other title transaction, of record not less than 25 years at the time the marketability is to be determined, which purports to create an interest in land, either in the person claiming the interest or in some other person from whom, by one or more conveyances or other title transactions of record, the purported interest has become vested in the person claiming the interest and, in either case, with nothing appearing of record purporting to divest the claimant of the interest. L. 1973, ch. 227, § 3; L. 1984, ch. 206, § 2; July 1. Law Review and Bar Journal References: "Kansas' Marketable Record Title Act," Christel E. Marquardt, 13 W.L.J. 33, 40 (1974). Attorney General's Opinions: Marketable record title act; effect of extension of twenty-five-year period on existing interests. 84-94.

K.S.A. 58-3404 Validity of certain interests.

58-3404. Validity of certain interests. A marketable record title shall be subject to: (a) All interests and defects which are inherent in the muniments of which the chain of record title is formed, but a general reference in any muniment to an interest created prior to the root of title shall not be sufficient to preserve the interest, unless specific identification is made in the muniment of a recorded title transaction which creates the interest; (b) all interests preserved by the filing of proper notice or by possession by the same owner continuously for a period of 25 years or more, in accordance with K.S.A. 58-3406 and amendments thereto; (c) the rights of any person arising from a period of adverse possession or user, which was in whole or in part subsequent to the effective date of the root of title; (d) any interest arising out of a title transaction which has been recorded subsequent to the effective date of the root of title from which the unbroken chain of title of record is started, except that the recording shall not revive or give validity to any interest which has been extinguished prior to the time of the recording by the operation of K.S.A. 58-3405 and amendments thereto; and (e) the exceptions stated in K.S.A. 58-3408 and amendments thereto. L. 1973, ch. 227, § 4; L. 1975, ch. 298, § 1; L. 1984, ch. 206, § 3; July 1. Law Review and Bar Journal References: "Kansas' Marketable Record Title Act," Christel E. Marquardt, 13 W.L.J. 33, 45, 47 (1974). "The Kansas Marketable Record Title Act," William R. Scott, 43 J.B.A.K. 177 (1974). Attorney General's Opinions: Action to enforce lien for unredeemed real estate bid in by county; conveyance of land sold for taxes; adverse possession claim on property. 95-25. CASE ANNOTATIONS 1. Failure of bank to join occupant of property subject to foreclosure where band had notice of occupancy examined. Citizens Bank & Trust v. Brothers Constr. & Mfg., Inc., 18 Kan. App. 2d 704, 710, 859 P.2d 394 (1993).

K.S.A. 58-3405 Effect of marketable record title; certain interests, claims and charges declared null and void.

58-3405. Effect of marketable record title; certain interests, claims and charges declared null and void. Except as otherwise provided in K.S.A. 58-3404 , a marketable record title shall be held by its owner and shall be taken by any person dealing with the land free and clear of all interests, claims or charges whatsoever, the existence of which depends upon any act, transaction, event or omission that occurred prior to the effective date of the root of title. All such interest, claims or charges, however denominated, whether legal or equitable, present or future, whether such interests, claims or charges are asserted by a person sui juris or under a disability, whether such person is within or without the state, whether such person is natural or corporate, or is private or governmental, are hereby declared to be null and void. L. 1973, ch. 227, § 5; July 1. Law Review and Bar Journal References: "Kansas' Marketable Record Title Act," Christel E. Marquardt, 13 W.L.J. 33, 46 (1974).

K.S.A. 58-3406 Notice required to preserve claim of interest in land, exception.

58-3406. Notice required to preserve claim of interest in land, exception. (a) Any person claiming an interest in land may preserve and keep effective that interest by filing of record, during the twenty-five-year period immediately following the effective date of the root of title of the person whose record title would otherwise be marketable, a written notice, duly verified by oath, setting forth the nature of the claim. The notice shall have the effect of preserving the claim of right for a period of not longer than 25 years after its filing, unless again filed as required by this section. No disability or lack of knowledge of any kind on the part of anyone shall suspend the running of the twenty-five-year period. The notice may be filed of record by the claimant or by any other person acting on behalf of any claimant who is (1) under legal disability, (2) unable to assert a claim on the claimant's own behalf or (3) one of a class, but whose identity cannot be established or is uncertain at the time of filing the notice of claim for record. (b) A period of possession shall be considered equivalent to the filing of the notice immediately preceding the termination of the twenty-five-year period described in subsection (a) if: (1) The same record owner of any possessory interest in land has been in possession of the land continuously for a period of 25 years or more; (2) during those 25 years no title transaction with respect to the interest appears of record in the record owner's chain of title; (3) no notice has been filed by the record owner or on the record owner's behalf as provided in subsection (a); and (4) the record owner's possession continues to the time when marketability is being determined. (c) It shall not be necessary for the owner of a marketable record title to file a notice to protect the owner's marketable record title. L. 1973, ch. 227, § 6; L. 1984, ch. 206, § 4; July 1. Attorney General's Opinions: Marketable record title act; effect of extension of twenty-five-year period on existing interests. 84-94.

K.S.A. 58-3407 Notice; contents; filing; recording and indexing by register of deeds; "notice index."

58-3407. Notice; contents; filing; recording and indexing by register of deeds; "notice index." To be effective and to be entitled to recordation, the notice required by K.S.A. 58-3406 shall contain an accurate and full description of all land affected by such notice, which description shall be set forth in particular terms and not by general inclusions; but if said claim is founded upon a recorded instrument, then the description in such notice may be the same as that contained in such recorded instrument. Such notice shall be filed of record in the office of the register of deeds of the county or counties where the land described therein is situated. The register of deeds of each county shall accept all such notices presented to him or her which describe land located in the county in which he or she serves and shall enter, record and index the same in the same way that deeds are recorded, and each register of deeds shall be entitled to charge the same fees for the recording thereof as are charged for recording deeds. In indexing such notices in his or her office, each register of deeds shall enter such notices under the description of the real estate involved in a book set apart for that purpose, to be known as the "notice index." L. 1973, ch. 227, § 7; July 1. Law Review and Bar Journal References: "Kansas' Marketable Record Title Act," Christel E. Marquardt, 13 W.L.J. 33, 40 (1974).

K.S.A. 58-3408 Certain interests not barred or extinguished.

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. 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.

K.S.A. 58-3409 Certain statutes not affected.

58-3409. Certain statutes not affected. Nothing contained in this act shall be construed to extend the period for the bringing of an action or for the doing of any other required act under any statutes of limitations, nor, except as herein specifically provided, to affect the operation of any statutes governing the effect of the recording or the failure to record any instrument affecting land. L. 1973, ch. 227, § 9; July 1.

K.S.A. 58-3410 Prohibited claims; effect of filing.

58-3410. Prohibited claims; effect of filing. No person shall use the privilege of filing notices hereunder for the purpose of slandering the title to land, and in any action brought for the purpose of quieting title to land, if the court shall find that any person has filed a claim for that reason, the court shall award the plaintiff all the costs of such action, including such attorneys' fees as the court may allow, and, in addition, shall decree that the defendant asserting such claim shall pay all damages that plaintiff may have sustained as the result of such notice of claim having been so filed of record. L. 1973, ch. 227, § 10; July 1. Cross References to Related Sections: Expedited process for determination of validity of liens, see 58-4301. Law Review and Bar Journal References: "Recovery of Attorney Fees in Kansas," Mark A. Furney, 18 W.L.J. 535, 546, 560 (1979).

K.S.A. 58-3411 Construction of act.

58-3411. Construction of act. This act shall be liberally construed to effect the legislative purpose of simplifying and facilitating land title transactions by allowing persons to rely on a record chain of title as described in K.S.A. 58-3403 , subject only to such limitations as appear in K.S.A. 58-3404 . L. 1973, ch. 227, § 11; July 1.

K.S.A. 58-3412 Extension of time period.

58-3412. Extension of time period. If the twenty-five-year period specified in this act has expired prior to July 1, 1986, the period shall be extended to July 1, 1986. L. 1973, ch. 227, § 12; L. 1984, ch. 206, § 6; July 1. Attorney General's Opinions: Marketable record title act; effect of extension of twenty-five-year period on existing interests. 84-94.

Source: Kansas Office of Revisor of Statutes (ksrevisor.gov)URL: https://www.ksrevisor.gov/statutes/ksa_ch58.htmlFetched: 10/20/2026