58-2273.Instruments purporting to cover mineral orroyalty rights not owned by grantor; "mother hubbard" or other cover-allclauses.(a) When a recorded deed or conveyance covering mineral orroyalty rights purports to cover mineral or royalty rights not owned bythe grantor, or such deed or conveyance includes a general conveyanceprovision, including, but not limited to, a "mother hubbard" clause or othercover-all clause, for other property conveyed by grantor and such generalconveyance provision should not have been included in such deed or conveyance,then any party with an interest in the real estate covered by such deed orconveyance may make written demand upon the grantee or grantor, as applicable,by certified mail, return receipt requested, to rescind or reform the generalconveyance provision.
(b) (1) Any grantee or grantor who refuses or neglects to correct or reformsuch legal description in the office of the register of deeds within 30 daysafter written demand has been made as provided in subsection (a), unless alonger period has been agreed to in writing by the parties, shall be liable indamages to the party for whom the demand was made in the sum equal to thegreater of: (A) An amount up to $10,000 per title affected, or (B) an amountequal to the fair market value of the mineral or royalty interests actuallyconveyed by such general conveyance clause and not specifically described inthe instrument, and reasonable attorney's fee for preparing and prosecuting theaction before any court of competent jurisdiction. The plaintiff in such actionmay recover any additional damages that the evidence in the case warrants.
(2) If such legal description has not been corrected or reformed within thetime period allowed under paragraph (1), the court shall expedite an actionbrought by any party pursuant to K.S.A. 60-1002, and amendments thereto, toquiet title. Such court ruling shall not relieve the grantee or grantor, asapplicable, from any damages allowed under paragraph (1) nor relieve thegrantee or grantor from any responsibilities under the provisions of thissection.
(c) The remedies provided under this section shall not affect other remediesor damages provided by statute or law.
(d) A suit must be filed under this section within two years after thedate the party making demand has actual knowledge of the improper legaldescription or conveyance.
(e) As used in this section:
(1) "Mother hubbard clause" means a provision in a deed or other instrumentin writing which is intended to convey an interest in real estate and whichdescribes the property to be conveyed as all of the grantor's property in acertain county;
(2) "general conveyance provision" means a provision in a deed or otherinstrument describing an interest in real estate which, in addition toreferring to the real estate specifically described in such deed or otherinstrument, describes unspecified other mineral or royalty rights or interestsof the grantor in an entire township, county or state; and
(3) "deed or conveyance covering mineral or royalty rights" means any deed orconveyance covering the grantor's mineral rights or the grantor's royaltyrights.
58-2273.Instruments purporting to cover mineral orroyalty rights not owned by grantor; "mother hubbard" or other cover-allclauses.(a) When a recorded deed or conveyance covering mineral orroyalty rights purports to cover mineral or royalty rights not owned bythe grantor, or such deed or conveyance includes a general conveyanceprovision, including, but not limited to, a "mother hubbard" clause or othercover-all clause, for other property conveyed by grantor and such generalconveyance provision should not have been included in such deed or conveyance,then any party with an interest in the real estate covered by such deed orconveyance may make written demand upon the grantee or grantor, as applicable,by certified mail, return receipt requested, to rescind or reform the generalconveyance provision.
(b) (1) Any grantee or grantor who refuses or neglects to correct or reformsuch legal description in the office of the register of deeds within 30 daysafter written demand has been made as provided in subsection (a), unless alonger period has been agreed to in writing by the parties, shall be liable indamages to the party for whom the demand was made in the sum equal to thegreater of: (A) An amount up to $10,000 per title affected, or (B) an amountequal to the fair market value of the mineral or royalty interests actuallyconveyed by such general conveyance clause and not specifically described inthe instrument, and reasonable attorney's fee for preparing and prosecuting theaction before any court of competent jurisdiction. The plaintiff in such actionmay recover any additional damages that the evidence in the case warrants.
(2) If such legal description has not been corrected or reformed within thetime period allowed under paragraph (1), the court shall expedite an actionbrought by any party pursuant to K.S.A. 60-1002, and amendments thereto, toquiet title. Such court ruling shall not relieve the grantee or grantor, asapplicable, from any damages allowed under paragraph (1) nor relieve thegrantee or grantor from any responsibilities under the provisions of thissection.
(c) The remedies provided under this section shall not affect other remediesor damages provided by statute or law.
(d) A suit must be filed under this section within two years after thedate the party making demand has actual knowledge of the improper legaldescription or conveyance.
(e) As used in this section:
(1) "Mother hubbard clause" means a provision in a deed or other instrumentin writing which is intended to convey an interest in real estate and whichdescribes the property to be conveyed as all of the grantor's property in acertain county;
(2) "general conveyance provision" means a provision in a deed or otherinstrument describing an interest in real estate which, in addition toreferring to the real estate specifically described in such deed or otherinstrument, describes unspecified other mineral or royalty rights or interestsof the grantor in an entire township, county or state; and
(3) "deed or conveyance covering mineral or royalty rights" means any deed orconveyance covering the grantor's mineral rights or the grantor's royaltyrights.
58-2273.Instruments purporting to cover mineral orroyalty rights not owned by grantor; "mother hubbard" or other cover-allclauses.(a) When a recorded deed or conveyance covering mineral orroyalty rights purports to cover mineral or royalty rights not owned bythe grantor, or such deed or conveyance includes a general conveyanceprovision, including, but not limited to, a "mother hubbard" clause or othercover-all clause, for other property conveyed by grantor and such generalconveyance provision should not have been included in such deed or conveyance,then any party with an interest in the real estate covered by such deed orconveyance may make written demand upon the grantee or grantor, as applicable,by certified mail, return receipt requested, to rescind or reform the generalconveyance provision.
(b) (1) Any grantee or grantor who refuses or neglects to correct or reformsuch legal description in the office of the register of deeds within 30 daysafter written demand has been made as provided in subsection (a), unless alonger period has been agreed to in writing by the parties, shall be liable indamages to the party for whom the demand was made in the sum equal to thegreater of: (A) An amount up to $10,000 per title affected, or (B) an amountequal to the fair market value of the mineral or royalty interests actuallyconveyed by such general conveyance clause and not specifically described inthe instrument, and reasonable attorney's fee for preparing and prosecuting theaction before any court of competent jurisdiction. The plaintiff in such actionmay recover any additional damages that the evidence in the case warrants.
(2) If such legal description has not been corrected or reformed within thetime period allowed under paragraph (1), the court shall expedite an actionbrought by any party pursuant to K.S.A. 60-1002, and amendments thereto, toquiet title. Such court ruling shall not relieve the grantee or grantor, asapplicable, from any damages allowed under paragraph (1) nor relieve thegrantee or grantor from any responsibilities under the provisions of thissection.
(c) The remedies provided under this section shall not affect other remediesor damages provided by statute or law.
(d) A suit must be filed under this section within two years after thedate the party making demand has actual knowledge of the improper legaldescription or conveyance.
(e) As used in this section:
(1) "Mother hubbard clause" means a provision in a deed or other instrumentin writing which is intended to convey an interest in real estate and whichdescribes the property to be conveyed as all of the grantor's property in acertain county;
(2) "general conveyance provision" means a provision in a deed or otherinstrument describing an interest in real estate which, in addition toreferring to the real estate specifically described in such deed or otherinstrument, describes unspecified other mineral or royalty rights or interestsof the grantor in an entire township, county or state; and
(3) "deed or conveyance covering mineral or royalty rights" means any deed orconveyance covering the grantor's mineral rights or the grantor's royaltyrights.
