55-205.
Record of lease as notice for definite term; extension upon contingency, affidavit.
When an oil, gas or mineral lease is hereafter given on land situated within the state of Kansas, the recording thereof in the office of the register of deeds of the county in which the land is located shall impart notice to the public of the validity and continuance of said lease for the definite term therein expressed, but no longer: Provided, That, if such lease contains the statement of any contingency upon the happening of which the term of any such lease may be extended (such as "and as much longer as oil and gas or either are produced in paying quantities"), the owner of said lease may at any time before the expiration of the definite term of said lease file with the said register of deeds an affidavit setting forth the description of the lease, that the affiant is the owner thereof and the facts showing that the required contingency has happened. This affidavit shall be recorded in full by the register of deeds, and such record together with that of the lease shall be due notice to the public of the existence and continuing validity of said lease, until the same shall be forfeited, canceled, set aside or surrendered according to law.
History:
L. 1915, ch. 228, § 2; May 22; R.S. 1923, 55-205.
Notes of Decisions
Cited in
5
cases (
1 in the last 5 years), 1977–2024 · leading case:
Luthi v. Evans, 562 P.2d 127 (Kan. Ct. App. 1977).
Luthi v. Evans, 562 P.2d 127 (Kan. Ct. App. 1977).
· cites it 4× “The principal question presented in the Adair case arose from the plaintiff's claim that the term of the lease under which it claimed was extended by the production of oil and gas in paying quantities on a portion of the original leased premises assigned to another, and that the…”
Mull Drilling Co. v. SemCrude, L.P. (In re SemCrube, L.P.), 407 B.R. 82 (Bankr. D. Del. 2009).
“Instead, § 9-339a(b) provides that: In order for any interest owner to claim the security interest provided by this section, an affidavit of production must be filed as prescribed by K.S.A. 55-205, and amendments thereto, which affidavit must show that a well or wells capable of…”
Thoroughbred Assoc. v. Kansas City Royalty Co. (Kan. Ct. App. 2020).
· cites it 2× “So is the Affidavit, which Thoroughbred filed to comply with K.S.A. 55-205. That statute requires lease owners to notify the public when an event occurs that extends a lease beyond its primary term.”
In Re SemCrude, LP, 407 B.R. 82 (Bankr. D. Del. 2009).
“Instead, § 9-339a(b) provides that: In order for any interest owner to claim the security interest provided by this section, an affidavit of production must be filed as prescribed by K.S.A. 55-205, and amendments thereto, which affidavit must show that a well or wells capable of…”
Mark A. Miller v. W. Derek Malcolm (Va. Ct. App. 2024).
“If they wanted to expand Malcolm’s 5 The following states have affidavit of production statutes: Kansas, Kan. Stat. Ann. § 55-205 (2019), Nebraska, Neb.”
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