58-3404. Validity of certain interests. - Kansas Statutes

58-3404

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

      58-3404.   Validity of certain interests.A marketable record title shall be subject to:

      (a)   All interests and defects which are inherent in the muniments ofwhich the chain of record title is formed, but ageneral reference inany muniment to an interest createdprior to the root of title shall not be sufficient to preservethe interest, unlessspecific identification is made in the munimentof a recorded title transactionwhich creates the interest;

      (b)   all interests preserved by the filing of proper notice or bypossession by the same owner continuously for a period of 25 yearsor more, in accordance with K.S.A. 58-3406 and amendments thereto;

      (c)   the rights of any person arising from a period of adverse possessionor user, which was in whole or in part subsequent to the effective date ofthe root of title;

      (d)   any interest arising out of a title transaction which has beenrecorded subsequent to the effective date of the root of title from whichthe unbroken chain of title of record is started, except that the recordingshall not reviveor give validity to any interest whichhas been extinguished prior to the time of the recording by the operationof K.S.A. 58-3405 and amendments thereto; and

      (e)   the exceptions stated in K.S.A. 58-3408 and amendments thereto.

      History:   L. 1973, ch. 227, § 4; L. 1975, ch. 298, § 1; L. 1984,ch. 206, § 3; July 1.