Kansas Statutes 58-3404. Validity of certain interests
Terms Used In Kansas Statutes 58-3404
- 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. See Kansas Statutes 58-3402
- Person: means an individual, partnership, corporation, organization or other association. See Kansas Statutes 58-3402
- Recording: when applied to the official public records of any office or court, includes filing. See Kansas Statutes 58-3402
- 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. See Kansas Statutes 58-3402
- 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. See Kansas Statutes 58-3402
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 Kan. Stat. Ann. §§ 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 Kan. Stat. Ann. §§ 58-3405 and amendments thereto; and
(e) the exceptions stated in Kan. Stat. Ann. §§ 58-3408 and amendments thereto.