58-2237. Certain defective instruments validated after being on record ten years; instrument, record or copy as evidence. When any instrument of writing shall have been on record in the office of the register of deeds in the proper county for the period of ten (10) years, and there is a defect in such instrument because it has not been signed by the proper officer of any corporation, or because of any discrepancy in the corporate name, or because the corporate seal of the corporation has not been impressed on such instrument, or because the record does not show such seal, or because such instrument is not acknowledged, or because of any defect in the execution, acknowledgment, recording or certificate of recording the same, such instrument shall, from and after the expiration of ten (10) years from the filing thereof for record, be valid as though such instrument had, in the first instance, been in all respects duly executed, acknowledged, and certified, and contained the true corporate name, and such instrument shall, after the expiration of ten (10) years from the filing of the same for record, impart to subsequent purchasers, encumbrancers and all other persons whomsoever, notice of such instrument of writing so far as and to the same extent that the same may then be recorded, copied or noted in such books of record, notwithstanding such defect.
Such instrument or the record thereof, or a duly authenticated copy thereof, shall be competent evidence without requiring the original to be produced or accounted for to the same extent that written instruments, duly executed and acknowledged, or the record thereof, are competent: Provided, That nothing herein contained shall be construed to affect any rights acquired by grantees, assignees or encumbrancers subsequent to the filing of such instrument for record and prior to the expiration of ten (10) years from the filing of such instrument for record.
History: L. 1905, ch. 324, § 1; R.S. 1923, 67-237; L. 1961, ch. 295, § 1; June 30.
Structure Kansas Statutes
Chapter 58 - Personal And Real Property
Article 22 - Conveyances Of Land
58-2201 Who deemed seized and possessed of lands.
58-2203 Form of warranty deed.
58-2204 Form of quitclaim deed.
58-2205 How conveyances executed and acknowledged.
58-2206 Corporation conveyances executed prior to 1887 validated.
58-2207 Title acquired after conveyance passes to grantee, when.
58-2208 Adverse possession; interest may be conveyed notwithstanding.
58-2209 Conveyance of real estate; signature required.
58-2210 Creation of trusts or powers, how executed.
58-2211 Acknowledgment of instrument relating to real estate.
58-2214 Unacknowledged deed; proof of execution and delivery.
58-2215 Same; before whom proof made.
58-2216 Same; certificate, contents.
58-2217 How certificates must be given.
58-2218 False statement and certificate; penalty.
58-2219 Subpoena of witnesses.
58-2221 Recordation of instruments conveying or affecting real estate; duties of register of deeds.
58-2222 Same; filing imparts notice.
58-2223 Same; unrecorded instrument valid only between parties having actual notice.
58-2228 Validity of instruments acknowledged in other states.
58-2229 Instruments as evidence.
58-2231 Instruments recorded prior to 1868 as notice.
58-2232 Certificate, record or transcript not conclusive evidence.
58-2233 Previous acts not invalidated.
58-2234 Validation of acknowledgments made by register of deeds.
58-2235 Record of defective instruments made prior to 1887 as notice.
58-2236 Record of defective instruments made prior to 1901 as notice.
58-2238 Escheats of alien's property to state forfeited, when.
58-2239 County clerk to keep transfer record; separate records for tax-exempt lands.
58-2240 Furnishing of information on transfer record to appraiser.
58-2241 Duty of register of deeds to enter instruments on transfer record.
58-2242a Decree or judgment changing ownership or title to real estate; entry upon transfer records.
58-2247 Title by adverse possession of land for public park.
58-2248 Recording title to lands patented by state to railroads.
58-2249 Protection of bona fide purchasers of Indian land.
58-2252 Validating defective assignments and releases of trust deeds.
58-2255 Validating certain defective and irregular guardians' deeds recorded prior to March 2, 1888.
58-2256 Failure to return to owners certain instruments pertaining to real estate; demand.
58-2257 Instruments pertaining to real estate; failure to return to owners; remedies.
58-2263 Validating certain instruments recorded prior to January 1, 1944.
58-2265 Same; instrument requiring insurance; disclosure of insurance information.
58-2267 Same; construction of act.
58-2268 Same; penalties for violations.
58-2271 Abandoned pipeline easements; release, failure to file, remedy.
58-2272 Instruments conveying interest involving wind or solar resources and technologies.