Kansas Statutes Annotated

K.S.A. § 58-220 (2026)

Agister's lien; recording notice with register of deeds; sale for charges and expenses

✓ current as of May 2026

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58-220. Agister's lien; recording notice with register of deeds; sale for charges and expenses. Any owner of pasture lands, or the trustee or agent of such owner, who shall lease or rent such pasture lands exclusively for pasture purposes to any person, copartnership or corporation for the pasturing of cattle, horses, sheep or other livestock shall have a first and prior lien upon all of such livestock or so much thereof as may be necessary to secure the payment of the rent for said pasture lands, only, and said lien shall be preferred to that of any prior security interest or other encumbrance and shall be valid irrespective of possession by the owner of such lands, or the owner's trustee or agent: Provided, The lessor record a duly verified notice of his or her claim to a lien upon such livestock in the office of the register of deeds in the county where such livestock is pastured prior to the expiration of fifteen (15) days after such livestock is removed from the pasture.

If the contract price be not paid when the same is due and payable, the said livestock, or so much thereof as may be necessary to pay said lien and the expenses of sale, may be sold at public sale in the county where the lien arose, after giving ten days' written notice to the owner, trustee or agent by registered mail at his or her last-known address, and by publishing notice of said sale once in a newspaper of general circulation in the county where said livestock may be located: Provided further, That foreclosure proceedings must be commenced on or before December thirty-first following the season for which such rent is owing.

History: L. 1937, ch. 267, § 1; L. 1938, ch. 53, § 1; L. 1939, ch. 229, § 1; L. 1965, ch. 564, § 409; January 1, 1966.

Notes of Decisions

Cited in 4 cases, 1985–1988 · leading case: Peterson v. Midland Nat'l Bank, 747 P.2d 159 (Kan. 1987).

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Peterson v. Midland Nat'l Bank, 747 P.2d 159 (Kan. 1987). · cites it 2× “00 judgment against Midland as foreclosure of an agister’s lien (K.S.A. 58-220). Midland appeals from both judgments.”

The First Nat'l Bank of Amarillo v. Sw. Livestock, Inc., 859 F.2d 847 (1st Cir. 1988). “Southwestern contends that it obtained an agis-ter’s lien on the cattle pursuant to Kan. Stat.Ann. § 58-220 and that this lien is sufficient to elevate it to the status of an Article Nine “purchaser.”

Ne. Kansas Prod. Credit Ass'n v. Ferbrache, 693 P.2d 1152 (Kan. 1985). “58-218); an agister’s lien (K.S.A. 58-220); liens for work, labor or materials supplied by cleaning establishments (K.”

Hermes v. Stackley, 699 P.2d 560 (Kan. Ct. App. 1985). · cites it 4× “As will be discussed later, the defendants held agisters’ liens pur *344 suant to K.S.A. 58-220, which grants a primary lien to owners to secure the payment of rent for pasture land which is leased or rented out exclusively for pasture purposes.”

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