KANSAS STATUTES AND CODES

58-3402. Definitions.

58-3402

Chapter 58.--PERSONAL AND REAL PROPERTY Part 6.--MISCELLANEOUS PROVISIONS Article 34.--MARKETABLE RECORD TITLE ACT

58-3402. Definitions.As used in this act:

(a) "Muniments" means the records of title transactions in the chain oftitle of a person purporting to create the interest in land claimed by theperson and upon which the person relies as a basis forthe marketability of the person'stitle, commencing with the root of title and including all subsequenttransactions.

(b) "Person" means an individual, partnership, corporation, organizationor other association.

(c) "Person dealing with land" includes a purchaser of any estate orinterest therein, a mortgagee, a levying or attaching creditor, a landcontract vendee or any other person seeking to acquire an estate orinterest therein, or impose a lien thereon.

(d) "Recording," when applied to the official public records of anyoffice or court, includes filing.

(e) "Records" includes probate and other official public records, aswell as records in the office of the register of deeds.

(f) "Root of title" means that conveyance or other title transaction inthe chain of title of a person, purporting to create the interest claimedby the person, upon which the person relies asa basis for the marketability of the person's title and which was the most recentto be recorded as of a date 25 years prior to the timewhen marketability is being determined. Theeffective date of the root of title is the date on which it is recorded.

(g) "Title transaction" means any transaction affecting title to anyinterest in land, including title by will, descent, tax deed,mineral deed, lease or reservation; by trustee's, referee's, guardian's,conservator's, executor's, administrator's, master in chancery's orsheriff's deed; by decree of any court; orby warranty deed, quitclaimdeed or mortgage.

History: L. 1973, ch. 227, § 2; L. 1984, ch. 206, § 1; July 1.