58-2274. Restrictive covenants on real property in violation of 44-1016 or 44-1017 are void; release.

227 words·~1 min read·/ks/chapter-58/58-2274

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Any restrictive covenant recitals on real property contained in any deed, plat, declaration, restriction, covenant or other conveyance filed at any time in the office of the register of deeds in any county in violation of K.S.A. 44-1016 or 44-1017 , and amendments thereto, shall be void and unenforceable.

(b)A restrictive covenant that violates K.S.A. 44-1016 or 44-1017 , and amendments thereto, may be released by the owner of the real property subject to such covenant by recording a certificate of release of prohibited covenants. Such certificate may be recorded prior to recording of a document conveying any interest in such real property or at such other time as the owner discovers that such prohibited covenant exists. Any certificate recorded with the register of deeds shall be subject to recording fees pursuant to K.S.A. 28-115 , and amendments thereto. A certificate of release of prohibited covenants shall contain:

(1)The name of the current owner of the real property;

(2)a legal description of the real property;

(3)the volume and page or the document number in which the original document containing the restrictive covenant is recorded;

(4)a brief description of the restrictive covenant; and

(5)the citation to the location of the restrictive covenant in the original document.