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

K.S.A. § 58-2223 (2026)

Unrecorded instrument valid only between parties having actual notice

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58-2223. Unrecorded instrument valid only between parties having actual notice. No such instrument in writing shall be valid, except between the parties thereto, and such as have actual notice thereof, until the same shall be deposited with the register of deeds for record.

History: G.S. 1868, ch. 22, § 21; October 31; R.S. 1923, 67-223.

Notes of Decisions
Cited in 19 cases, 1982–2020 · leading case: Shade v. Wheatcraft Indus., Inc., 809 P.2d 538 (Kan. 1991).
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Shade v. Wheatcraft Indus., Inc., 809 P.2d 538 (Kan. 1991). · cites it 9× “The Court of Appeals was frank in expressing its difficulty reconciling our holding in Noll with K.S.A. 58-2223 (which provides that an unrecorded mortgage is valid only between the parties until it is recorded) and with K.”
Schlup v. Bourdon, 105 P.3d 720 (Kan. Ct. App. 2005). · cites it 6× “” K.S.A. 58-2223 states: “No such instrument in writing shall be valid, except between the parties thereto, and such as have actual notice thereof, until the same shall be deposited with the.”
In re Ramsey, 356 B.R. 217 (Bankr. D. Kan. 2006). · cites it 6× “Eventually, on May 24, 2005, Novastar filed a Motion for Relief from Stay admitting *222 its mortgage was unperfected as of the petition date, but requesting the Court acknowledge a lien pursuant to K.S.A. § 58-2223 [2] and grant Novastar stay relief to enforce the mortgage in…”
Harter v. Harter, Inc. (In re Harter, Inc.), 31 B.R. 1015 (D. Kan. 1983). · cites it 4× “Plaintiff argues that Kan.Stat. Ann. § 58-2223 (1976) which provides that an unrecorded instrument is valid only between parties having actual notice does not apply to judgment creditors.”
Schwalm v. Deanhardt, 906 P.2d 167 (Kan. Ct. App. 1995). · cites it 3× “Among the trial court’s conclusions of law were: Deanhardt took Eddins’ mortgage without notice of the Schwalm mortgage, under either the common law or K.S.A. 58-2223; Deanhardt had no duty to investigate, and even if the duty were there, a reasonable investigation would not…”
Bank W. v. Henderson, 874 P.2d 632 (Kan. 1994). · cites it 2× “This court recognized the existence of what is now K.S.A. 58-2223 (“No such instrument in writing shall be valid, except between the parties thereto, and such as have actual notice thereof, until the same shall be deposited with the register of deeds for record.”
Patton v. State Street Bank (In re Patton), 314 B.R. 826 (Bankr. D. Kan. 2004). · cites it 2× “K.S.A. § 58-2223 provides that if the instrument of conveyance is not filed with the register of deeds, it is invalid against later purchasers and mortgagees, unless they possess actual notice of its existence.”
Reicherter v. McCauley, 283 P.3d 219 (Kan. Ct. App. 2012). · cites it 3× “He ar *974 gues that under K.S.A. 58-2223, the execution of the quitclaim deed creating the tenancy in common was not effective until December 29, 2009, the date filing in Marshall County.”
Garnett State Sav. Bank v. Tush, 657 P.2d 508 (Kan. 1983). “58-2221), the instrument created an equitable mortgage in the real estate which was valid between the parties (K.S.A. 58-2223) to secure the debt which existed at the time of the agreement.”
D & F Petroleum v. Cascade Oil Co. (In re Cascade Oil Co.), 65 B.R. 35 (Bankr. D. Kan. 1986). “676 (1898); K.S.A. 58-2223. Further, a bona fide purchaser takes free and clear of any interest of a beneficiary under a purported constructive trust.”
Griffin v. Novastar Mortg., Inc., 356 B.R. 217 (Bankr. D. Kan. 2006). · cites it 6× “Eventually, on May 24, 2005, Novastar filed a Motion for Relief from Stay admit *222 ting its mortgage was unperfected as of the petition date, but requesting the Court acknowledge a lien pursuant to K.S.A. § 58-2223 2 and grant Novastar stay relief to enforce the mortgage in…”
In re Stanley Station Assocs., L.P., 139 B.R. 990 (Bankr. D. Kan. 1992). “K.S.A. 58-2223. Same; unrecorded instrument valid only between parties having actual notice.”
Show all 19 citing cases →
K.S.A. § 58-2223(b): 1 case
United States v. Martin, 542 F. Supp. 22 (D. Kan. 1982).
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