60-511.
Actions limited to five years.
The following actions shall be brought within five (5) years: (1) An action upon any agreement, contract or promise in writing.
(2) An action brought on any covenant of seizin contained in any deed of conveyance of land.
(3) An action brought on a covenant of warranty contained in any deed of conveyance of land, after there shall have been a final decision against the title of the covenantor in such deed.
(4) An action upon the official bond or undertaking of an executor, administrator, conservator, sheriff, or any other officer, or upon the bond or undertaking given in attachment, injunction, arrest, or in any case required by statute.
(5) An action for relief, other than the recovery of real property not provided for in this article.
History:
L. 1963, ch. 303, 60-511; L. 1965, ch. 354, § 12; January 1, 1966.
Notes of Decisions
Law v. Law Co. Bldg. Assocs., 289 P.3d 1066 (Kan. 2012).
· cites it 30× “60-511(1), (2) a cause of action for reformation of a contract accrues when a mutual mistake is made, (3) the legislature has not provided a discovery exception in K.S.A. 60-511, (4) the courts cannot write a discovery exception into K.”
Burnett v. Sw. Bell Tel., L.P., 151 P.3d 837 (Kan. 2007).
· cites it 8× “60-512(2); it only considered K.S.A. 60-511 (the limitations period for contracts) and 60-513(a)(4).”
Ace Prop. & Cas. Ins. v. Superior Boiler Works, Inc., 504 F. Supp. 2d 1154 (D. Kan. 2007).
· cites it 9× “The applicable statute of limitations for the first count is K.S.A. § 60-511(1) which provides: “The following actions shall be brought within five [5] years: (1) an action upon any agreement, contract or promise in writing.”
Great Plains Trust Co. v. Union Pac. R.R., 492 F.3d 986 (8th Cir. 2007).
· cites it 2× “Great Plains argues for application of Missouri law, as it contends that each relevant Missouri statute of limitation is longer than its Kansas counterpart. Compare Mo.Rev. Stat. §§ 516.110(1) (2000) (written contracts to pay money: ten years), 516.”
Zenda Grain & Supply Co. v. Farmland Indus., Inc., 894 P.2d 881 (Kan. Ct. App. 1995).
· cites it 6× “Zenda argues that its action is based upon a written agreement and that the five-year period provided by K.S.A. 60-511 is applicable. The trial court agreed with Zenda and applied a five-year statute of limitations.”
Freebird, Inc. v. Merit Energy Co., 883 F. Supp. 2d 1026 (D. Kan. 2012).
· cites it 10× “Analysis The question before the Court is whether the five-year statute of limitations in K.S.A. § 60-511 limits plaintiffs claims to royalty payments made after September 10, 2003.”
Caldwell v. Life Ins. Co. of North Am., 959 F. Supp. 1361 (D. Kan. 1997).
· cites it 6× “The defendant first argues that the Kansas five-year statute of limitations for actions upon written contracts, K.S.A. § 60-511, bars Caldwell’s claim. LINA relies upon the fact that more than five years had passed between the onset of the plaintiffs alleged disability on…”
Ferrell v. Ferrell, 719 P.2d 1 (Kan. Ct. App. 1986).
· cites it 6× “Defendants, children of the deceased Lloyd Ferrell, answered, asserting that the statute of limitations on reformation of deeds was five years under K.S.A. 60-511(5) and that plaintiff had failed therefore to state a proper cause of action since the deed in dispute had been…”
Tronsgard v. FBL Fin. Grp., Inc., 312 F. Supp. 3d 982 (D. Kan. 2018).
· cites it 2× “1997) (" K.S.A. § 60-511 is the appropriate statute of limitations for ERISA claims brought pursuant to 29 U.”
Law v. Law Co. Bldg. Assocs., 210 P.3d 676 (Kan. Ct. App. 2009).
· cites it 7× “All matters that are argued and presented in this case by plaintiff are subsumed within that claim.”
— K.S.A. § 60-511(1) — 73 cases
Law v. Law Co. Bldg. Assocs., 289 P.3d 1066 (Kan. 2012).
“60-511(1), (2) a cause of action for reformation of a contract accrues when a mutual mistake is made, (3) the legislature has not provided a discovery exception in K.S.A. 60-511, (4) the courts cannot write a discovery exception into K.”
Ace Prop. & Cas. Ins. v. Superior Boiler Works, Inc., 504 F. Supp. 2d 1154 (D. Kan. 2007).
“The applicable statute of limitations for the first count is K.S.A. § 60-511(1) which provides: “The following actions shall be brought within five [5] years: (1) an action upon any agreement, contract or promise in writing.”
Burnett v. Sw. Bell Tel., L.P., 151 P.3d 837 (Kan. 2007).
“60-512(2); it only considered K.S.A. 60-511 (the limitations period for contracts) and 60-513(a)(4).”
— K.S.A. § 60-511(2) — 1 case
— K.S.A. § 60-511(3) — 1 case
— K.S.A. § 60-511(4) — 3 cases
— K.S.A. § 60-511(5) — 15 cases
Law v. Law Co. Bldg. Assocs., 289 P.3d 1066 (Kan. 2012).
“60-511(1), (2) a cause of action for reformation of a contract accrues when a mutual mistake is made, (3) the legislature has not provided a discovery exception in K.S.A. 60-511, (4) the courts cannot write a discovery exception into K.”
Ferrell v. Ferrell, 719 P.2d 1 (Kan. Ct. App. 1986).
“Defendants, children of the deceased Lloyd Ferrell, answered, asserting that the statute of limitations on reformation of deeds was five years under K.S.A. 60-511(5) and that plaintiff had failed therefore to state a proper cause of action since the deed in dispute had been…”
Law v. Law Co. Bldg. Assocs., 210 P.3d 676 (Kan. Ct. App. 2009).
“All matters that are argued and presented in this case by plaintiff are subsumed within that claim.”
— K.S.A. § 60-511(a) — 1 case
— K.S.A. § 60-511(a)(l) — 1 case
— K.S.A. § 60-511(l) — 2 cases
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