K.S.A. » Chapter 58
Kansas Statutes Annotated

K.S.A. § 58-2222 (2026)

Filing of instrument imparts notice

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58-2222. Filing of instrument imparts notice. Every such instrument in writing, certified and recorded in the manner hereinbefore prescribed, shall, from the time of filing the same with the register of deeds for record, impart notice to all persons of the contents thereof; and all subsequent purchasers and mortgagees shall be deemed to purchase with notice.

History: G.S. 1868, ch. 22, § 20; October 31; R.S. 1923, 67-222.

Notes of Decisions
Cited in 41 cases (1 in the last 5 years), 1974–2022 · leading case: LCL, LLC v. Falen, 422 P.3d 1166 (Kan. 2018).
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LCL, LLC v. Falen, 422 P.3d 1166 (Kan. 2018). · cites it 8× “In the alternative, RCAT argued that K.S.A. 58-2222 charged the Trust and its successors in interest with constructive notice of the contents of the 2008 deed as it was filed and recorded.”
Hamilton v. Washington Mut. Bank FA, 563 F.3d 1171 (10th Cir. 2009). · cites it 6× “2d at 1070 (“[I]n situations where an instrument of conveyance containing a sufficient description of the property conveyed is duly recorded but not properly indexed, the fact that it was not properly indexed by the register of deeds will not prevent constructive notice under…”
LCL, LLC v. Falen, 390 P.3d 571 (Kan. Ct. App. 2017). · cites it 5× “Second, it argues the Falens’ injuiy was reasonably ascertainable to them on January 18, 2008, as well because K.S.A. 58-2222 imparts constructive notice to all persons of the content of a deed when it is filed with the register of deeds.”
Wright v. Sourk, 258 P.3d 981 (Kan. Ct. App. 2011). · cites it 6× “KS.A. 58-2222 Sourk claims the trial court erred in rejecting her request to instruct the jury on K.”
Doll v. Chicago Title Ins., 246 F.R.D. 683 (D. Kan. 2007). · cites it 2× “Chicago Title relied on Kan. Stat. Ann. § 58-2222 and a line of cases beginning with Black v.”
Davis v. World Sav. Bank (In Re Androes), 382 B.R. 805 (Bankr. D. Kan. 2008). · cites it 4× “12 Kan. Stat. Ann. § 58-2222 (2005) states that if a properly certified mortgage is filed, that filing imparts notice of the lienholder’s interest from the time the instrument was filed.”
Doll v. Chicago Title Ins., 517 F. Supp. 2d 1273 (D. Kan. 2007). · cites it 8× “Chicago Title relies on Kansas’s constructive notice statute, Kan. Stat. Ann. § 58-2222 , which provides as follows: Every such instrument [conveying or affecting real estate] in writing, certified and recorded in the manner hereinbefore prescribed, shall, from the time of…”
Luthi v. Evans, 576 P.2d 1064 (Kan. 1978). · cites it 2× “58-2221, imparted constructive notice to all subsequent purchasers, including Burris, who are deemed to purchase with notice under K.S.A. 58-2222. This was the position taken by the Court of Appeals.”
Miller v. Alexander, 775 P.2d 198 (Kan. Ct. App. 1989). · cites it 2× “*547 Notice K.S.A. 58-2222 provides: “Every such instrument in writing, certified and recorded in the manner hereinbefore prescribed, shall, from the time of filing the same with the register of deeds for record, impart notice to all persons of the contents thereof; and all…”
Sw. Nat'l Bank v. Southworth (In Re Southworth), 22 B.R. 376 (Bankr. D. Kan. 1982). · cites it 2× “See Teofan & Creel, The Trustee’s Avoiding Powers Under the Bankruptcy Act and the New Code: A com *380 parative analysis, 11 St.”
Morris v. Kasparek (In Re Kasparek), 426 B.R. 332 (10th Cir. BAP 2010). “Kan. Stat. Ann. § 58-2222 . 20 . Anderson v.”
Bank W. v. Henderson, 874 P.2d 632 (Kan. 1994). · cites it 2× “1915, § 2069 [now K.S.A. 58-2222]), determines the controversy in favor of the plaintiff.”
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