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  • 58-101 Repealed.
  • 58-102 Repealed.
  • 58-103 Repealed.
  • 58-104 Repealed.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  • 58-216 Repealed.
  • 58-217 Repealed.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
  • 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; requirements of; effectiveness when not signed or delivered by party; electronic delivery and signatures.
  • 58-816a Late fees; rental agreement provision required.
  • 58-817 Sale of stored property; towing of stored property, subject to city ordinance or county resolution, extinguishment of liens; procedure; online sales; redemption; notices.
  • 58-817a Sale of property not retrieved after termination or non-renewal of rental agreement; notice; disposal of property without commercial value; disposition of sale proceeds.
  • 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 Accessibility standards for public buildings or facilities; 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 Accessibility standards for certain dwellings; 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
  • 58-20a01 Kansas plane coordinate system.
  • 58-20a02 Use in land descriptions.
  • 58-20a03 Plane coordinate values.
  • 58-20a04 Describing land tracts, use of plane coordinate system.
  • 58-20a05 Tracts in more than one zone.
  • 58-20a06 Repealed.
  • 58-20a07 Limitation of use on maps and documents.
  • 58-20a08 Use of other datums and geodetic reference networks.
  • 58-20a09 Plane coordinate system, defined.
  • 58-20a10 Citation of act.
• 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.
  • 58-2274 Restrictive covenants on real property in violation of 44-1016 or 44-1017 are void; release.
• 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)
  • 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; fingerprinting; criminal history record check; fees; 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; cease and desist orders authorized.
  • 58-3066 Recovery revolving fund; assessment of fees to maintain balance; payments; interest.
  • 58-3067 Real estate recovery revolving fund; recovery from; limitations.
  • 58-3068 Same; 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 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 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 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
  • 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.
  • 58-3621 Citation of act; purpose.
  • 58-3622 Definitions.
  • 58-3623 Violation of donor-imposed restrictions prohibited; complaint of violation; jurisdiction, venue, damages, limitations; remedies available.
  • 58-3624 Judicial declaration of rights and duties.
  • 58-3625 Application and construction of act.
• 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
  • 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; fees.
• Article 42.—MANUFACTURED HOUSING
  • 58-4201 Manufactured housing act; citation.
  • 58-4202 Same; definitions.
  • 58-4203 Manufactured housing not subject to certain laws and rules and regulations; movement on highways and streets, law applicable.
  • 58-4204 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 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 Findings; purpose of act.
  • 58-4602 Definitions.
  • 58-4603 Provisions mandatory.
  • 58-4604 Duty of good faith.
  • 58-4605 Application of act.
  • 58-4606 Prospective application; supersedes existing provisions.
  • 58-4607 Arrangements not considered common interest communities.
  • 58-4608 Association duties; restrictions; board of directors discretion.
  • 58-4609 Officers, board of directors duties; restrictions.
  • 58-4610 Bylaws.
  • 58-4611 Association meetings; notice.
  • 58-4612 Open meetings; executive session restrictions; copies of materials to owners; declarant control, special procedures.
  • 58-4613 Quorum requirements; rules of order.
  • 58-4614 Unit owner voting procedures.
  • 58-4615 Reserved.
  • 58-4616 Record keeping requirements; records open to unit owners; copy fees.
  • 58-4617 Rules; adoption procedures; notice.
  • 58-4618 Delivery of notice.
  • 58-4619 Board of directors; removal.
  • 58-4620 Adoption of budget; special assessments.
  • 58-4621 Enforcement of rights.
  • 58-4622 Application of law.
  • 58-4623 Act supersedes certain laws.
• Article 47.—KANSAS APPRAISAL MANAGEMENT COMPANY REGISTRATION ACT
  • 58-4701 Citation of act.
  • 58-4702 Purpose of act.
  • 58-4703 Definitions.
  • 58-4704 Application for registration; transmission of information to national registry.
  • 58-4705 Exemptions from registration.
  • 58-4706 Registration period.
  • 58-4707 Requirements for nonresident applicants; investigation.
  • 58-4708 Fees; collection and remittance.
  • 58-4709 Limitation on ownership interest in an AMC; conditions; fingerprinting; criminal history record check; fees.
  • 58-4710 Designation of controlling person for AMC.
  • 58-4711 AMC appraiser requirements.
  • 58-4712 Appraisal review reporting.
  • 58-4713 Record keeping required; inspection of records.
  • 58-4714 Disclosures.
  • 58-4715 Unlawful acts related to registration requirements.
  • 58-4716 Unlawful acts.
  • 58-4717 Prohibited acts.
  • 58-4718 Prompt payment.
  • 58-4719 Modification of appraisal prohibited.
  • 58-4720 Registration number.
  • 58-4721 Removal of appraiser, limitation.
  • 58-4722 Denial of registration or renewal thereof; grounds.
  • 58-4723 Penalties; proceedings conducted in accordance with KAPA.
  • 58-4724 Assessment of costs for proceedings.
  • 58-4725 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 of act.
  • 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; survivorship interest not created for designated beneficiary; payment of such account upon death 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 Actions that are not a requirement of nor the responsibility or liability of financial institutions; determining a payable on death beneficiary.
  • 58-4907 Non-exclusive authority to market the first-time home buyer savings account program by the state treasurer.
• 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 supplement the act.
  • 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.
• Article 51.—UNIFORM TRUST DECANTING ACT
  • 58-5101 Citation of act.
  • 58-5102 Definitions.
  • 58-5103 Application; scope.
  • 58-5104 Fiduciary duties.
  • 58-5105 Application; principal place of administration; governing law.
  • 58-5106 Reasonable reliance, liability.
  • 58-5107 Notice; exercise of decanting power.
  • 58-5108 Representation of another person.
  • 58-5109 Court involvement; limitations.
  • 58-5110 Formalities; signed record.
  • 58-5111 Decanting power under expanded distributive discretion.
  • 58-5112 Decanting power under limited distributive discretion.
  • 58-5113 Trust for beneficiary with a disability.
  • 58-5114 Protection of charitable interest; powers of attorney general.
  • 58-5115 Trust limitation on decanting power.
  • 58-5116 Change in fiduciary's compensation; restrictions.
  • 58-5117 Relief from liability and indemnification; restrictions.
  • 58-5118 Removal or replacement of authorized fiduciary; restrictions.
  • 58-5119 Tax-related limitations on use of decanting power.
  • 58-5120 Duration of second trust.
  • 58-5121 Need to distribute not required.
  • 58-5122 Saving provision; corrective action.
  • 58-5123 Trust for care of animals.
  • 58-5124 Second trust included in references in Kansas uniform trust code.
  • 58-5125 Settlor of second trust; determination of settlor intent, considerations.
  • 58-5126 Later-discovered property.
  • 58-5127 Obligations enforceable against first trust, continuation.
  • 58-5128 Uniformity of application and construction.
  • 58-5129 Relation to electronic signatures in global and national commerce act.
  • 58-5130 Severability.
• Article 52.—KANSAS CONTRACT FOR DEED ACT
  • 58-5201 Citation of act.
  • 58-5202 Recording of contract for deed; seller remedies upon buyer default.
  • 58-5203 Seller required to hold title; exceptions; violations as deceptive act or practice under Kansas consumer protection act.
  • 58-5204 Buyer's rights; notice of default and intent to forfeit; remedies at law or equity.