Kansas Statutes 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:
Terms Used In Kansas Statutes 58-3406
- Person: means an individual, partnership, corporation, organization or other association. 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
- Under legal disability: includes persons who are within the period of minority, or who are incapacitated, incompetent or imprisoned. See Kansas Statutes 77-201
(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.