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Kansas Statutes Annotated

K.S.A. § 12-405 (2026)

Sale of lot before recording of plat; penalty

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12-405. Sale of lot before recording of plat; penalty. If any person sell or offer for sale any lot within any city, town or addition before the map or plat thereof be made out, acknowledged, filed and recorded as aforesaid, such person shall forfeit a sum not exceeding three hundred dollars for every lot which he or she shall sell or offer to sell.

History: G.S. 1868, ch. 78, § 5; October 31; R.S. 1923, § 12-405.

CASE ANNOTATIONS

1. Contracts in contravention of statute not void; title passes. Bemis v. Becker and others, 1 Kan. 226, 249.

2. Penalty imposed only on persons having duty to make plat. Bemis v. Becker and others, 1 Kan. 226, 250.

3. Title passes to grantee even though grantor liable to penalty. Mead v. United Brethren, 43 Kan. 178, 180, 23 P. 103.

4. Section cited in construing conveyance referring to "in Jones' addition." Fitzpatrick v. Crowther, 100 Kan. 355, 358, 164 P. 300.

5. Description of property by reference to unrecorded plat did not invalidate or make contract ambiguous. Stauth v. Brown, 241 Kan. 1, 8, 734 P.2d 1063 (1987).

Notes of Decisions
Cited in 2 cases, 1987–2018 · leading case: Stauth v. Brown, 734 P.2d 1063 (Kan. 1987).
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Stauth v. Brown, 734 P.2d 1063 (Kan. 1987). “” K.S.A. 12-405 states: “If any person sell or offer for sale any lot within any city, town or addition before the map or plat thereof be made out, acknowledged, filed and recorded as aforesaid, such person shall forfeit a sum not exceeding three hundred dollars for every lot…”
Roman Catholic Archdiocese of Kan. City in Kan. v. City of Mission Woods, 337 F. Supp. 3d 1122 (D. Kan. 2018). “Defendant approved Pembroke Hill's application, making all the school's property within defendant's municipal boundaries part of the Planned Recreation District.”
K.S.A. § 12-405(b): 1 case
Roman Catholic Archdiocese of Kan. City in Kan. v. City of Mission Woods, 337 F. Supp. 3d 1122 (D. Kan. 2018). “Defendant approved Pembroke Hill's application, making all the school's property within defendant's municipal boundaries part of the Planned Recreation District.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.