Kansas Statutes 58-3408. Certain interests not barred or extinguished
Terms Used In Kansas Statutes 58-3408
- Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).
- Mortgagee: The person to whom property is mortgaged and who has loaned the money.
- Recording: when applied to the official public records of any office or court, includes filing. See Kansas Statutes 58-3402
- Remainderman: One entitled to the remainder of an estate after a particular reserved right or interest, such as a life tenancy, has expired.
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201
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.