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Kansas Statutes Annotated

K.S.A. § 33-105 (2026)

Leases or estates exceeding one year in duration

✓ current as of May 2026
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33-105. Leases or estates exceeding one year in duration. No leases, estates or interests of, in or out of lands, exceeding one year in duration, shall at any time hereafter be assigned or granted, unless it be by deed or note, in writing, signed by the party so assigning or granting the same, or their agents thereunto lawfully authorized by writing, or by act and operation of law.

History: G.S. 1868, ch. 43, § 5; October 31; R.S. 1923, 33-105.

Notes of Decisions
Cited in 13 cases, 1928–2017 · leading case: In re Est. of Moore – Gardner – Affirmed – Cowley, 390 P.3d 551 (Kan. Ct. App. 2017).
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In re Est. of Moore – Gardner – Affirmed – Cowley, 390 P.3d 551 (Kan. Ct. App. 2017). · cites it 2× “See K.S.A. 33-105; K.S.A. 33-106; Mildfelt v.”
M West, Inc. v. Oak Park Mall, L.L.C., 234 P.3d 833 (Kan. Ct. App. 2010). · cites it 2× “Neither party disputes that the agreement between Cingular and M West must satisfy the statute of frauds in order to be a valid contract. Indeed, the statute of frauds applies to all contracts for the assignment of an interest in property for a term of more than 1 year.”
Young v. Hefton, 173 P.3d 671 (Kan. Ct. App. 2007). · cites it 3× “Does the Statute of Frauds Bar Young’s Contract Claim on Tract 4? The Heftons argue that Young’s claim for specific performance of a contract on tract 4 is barred by the applicable statute of frauds, K.S.A. 33-105 and K.S.A. 33-106, requiring contracts for sale of real estate to…”
State v. Boone, 83 P.3d 195 (Kan. 2004). “The defendant argues that an oral contract to lease realty for more than a year is void under the statute of frauds, citing K.S.A. 33-105, which provides that “[n]o leases .”
Dougan v. Rossville Drainage Dist., 15 P.3d 338 (Kan. 2000). “K.S.A. 33-105. No action shall be brought on any contract for the sale of lands or any interest in lands unless the agreement upon which the action is brought is in writing and signed by the party to be charged.”
In Re the Marriage of Takusagawa, 166 P.3d 440 (Kan. Ct. App. 2007). “K.S.A. 33-105 requires a written deed or note for a transfer of interests in land.”
Prince Enter., Inc. v. Griffith Oil Co., 664 P.2d 877 (Kan. Ct. App. 1983). “Plaintiff also argues that the agreement to renew does not comply with the statute of frauds, K.S.A. 33-105, because it fails to state all the terms and conditions of the lease.”
Cont'l Builders, Inc. v. Leach, 625 P.2d 5 (Kan. Ct. App. 1981). “She also testified that both the original term and renewal term were intended to be from January 1st to January 1st. *767 The trial court held the action barred by the Statute of Frauds because the renewal was for a year and a day.”
Glenn v. Callahan, 262 P. 583 (Kan. 1928). · cites it 2× “” Another restriction on the alienation of real property is found in the statute of frauds in section 33-105, as follows: “No leases, estates or interests of, in or out of lands, exceeding one year in duration, shall at any time hereafter be assigned or granted, unless it be by…”
Allen v. Birch, 282 P. 737 (Kan. 1929). · cites it 2× “Section 33-105 of the Revised Statutes reads: “No leases, estates, or interests of, in or out of lands, exceeding one year in duration, shall at any time hereafter be assigned or granted, unless it be by deed or note, in writing, signed by the party so assigning or granting the…”
Progress Enter., Inc. v. the Litwin Corp., 589 P.2d 583 (Kan. 1979). “Discovery having been completed, Litwin filed a motion for summary judgment on the basis that the plaintiff’s cause of action was barred by the statute of frauds since the action was based on an oral lease which exceeded one year in duration. Both PEI and Litwin are in complete…”
Tang v. Loveland, 1 P.3d 922 (Kan. Ct. App. 2000). · cites it 3× “The district court held that the parties had a valid contract to lease the property for a second 12-month term based on K.S.A. 33-105, which allows oral contracts for lease terms of 12 months or less.”
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