58-2221.
Recordation of instruments conveying or affecting real estate; duties of register of deeds.
Every instrument in writing that conveys:
(a) Real estate;
(b) any estate or interest created by an oil and gas lease;
(c) any estate or interest created by any lease or easement involving wind resources and technologies to produce and generate electricity; or
(d) whereby any real estate may be affected, proved or acknowledged, and certified in the manner hereinbefore prescribed, may be recorded in the office of register of deeds of the county in which such real estate is situated. It shall be the duty of the register of deeds to file the same for record immediately, and in those counties where a numerical index is maintained in the register of deeds' office, the register of deeds shall compare such instrument, before copying the same in the record, with the last record of transfer in the register of deeds' office of the property described. If the register of deeds finds such instrument contains apparent errors, the register of deeds shall not record the instrument until the grantee has been notified, if such notice is reasonably possible.
The grantor, lessor, grantee or lessee or any other person conveying or receiving real property or other interest in real property upon recording the instrument in the office of register of deeds shall furnish the register of deeds the full name and last known post-office address of the person to whom the property is conveyed or such person's designee. The register of deeds shall forward such information to the county clerk of the county who shall make any necessary changes in address records for mailing tax statements.
History:
G.S. 1868, ch. 22, § 19; L. 1913, ch. 134, § 1; R.S. 1923, 67-221; L. 1953, ch. 297, § 1; L. 1972, ch. 366, § 2; L. 1973, ch. 221, § 1; L. 2004, ch. 127, § 1; July 1.
Notes of Decisions
Cited in
30
cases, 1977–2017 · leading case:
Luthi v. Evans, 576 P.2d 1064 (Kan. 1978).
Luthi v. Evans, 576 P.2d 1064 (Kan. 1978).
· cites it 5× “The recordation of instruments of conveyance and the effect of recordation is covered in part by K.S.A. 58-2221, 58-2222, and 58-2223. These statutes are directly involved in this case and are as follows: “58-2221.”
Davis v. World Sav. Bank (In Re Androes), 382 B.R. 805 (Bankr. D. Kan. 2008).
· cites it 6× “Nothing in § 58-2216 addresses what, if any, effect such proof might have on the record date of the instrument so proved, but Kan. Stat. Ann. § 58-2221 states that instruments proved in this manner may be recorded.”
Patton v. State Street Bank (In Re Patton), 314 B.R. 826 (Bankr. D. Kan. 2004).
· cites it 3× “K.S.A. § 58-2221 permits the parties to a real property transfer to file a written transfer instrument with the register of deeds of the county in which the conveyed property is located.”
Hamilton v. Washington Mut. Bank FA, 563 F.3d 1171 (10th Cir. 2009).
“§ 58-2222 (2005) states: Every such instrument in writing [conveying an interest in land], certified and recorded in the manner hereinbefore prescribed [that is, by a county register of deeds under Kan. Stat. Ann. § 58-2221 ], shall, from the time of filing the same with the…”
Sw. Nat'l Bank v. Southworth (In Re Southworth), 22 B.R. 376 (Bankr. D. Kan. 1982).
· cites it 2× “K.S.A. § 58-2221 (1976). [A]/i lawful instruments entitled to recor-dation give notice of their contents to any person, particularly subsequent purchasers and mortgagees .”
Nazar v. S. (In Re S.), 32 B.R. 761 (Bankr. D. Kan. 1983).
· cites it 2× “Assignment of the Mortgage ASB also has an assignment of the mortgage on Lots 1 and 2. In Kansas, a mortgage is a lien on real property to secure payment of a debt, K.”
Halliburton Co. v. Bd. of Cnty. Commissioners, 755 P.2d 1344 (Kan. Ct. App. 1988).
· cites it 2× “Halliburton timely appeals those decisions. Kansas law requires the register of deeds, upon request, to immediately file for record any written instrument affecting real estate, including oil and gas leases.”
Garnett State Sav. Bank v. Tush, 657 P.2d 508 (Kan. 1983).
“58-2303) or recorded (K.S.A. 58-2221), the instrument created an equitable mortgage in the real estate which was valid between the parties (K.”
— K.S.A. § 58-2221(b) — 1 case
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