55-201. Duty of lessee to have forfeited lease released; publication notice; affidavit to be recorded; notice to landowner; remedies.
55-201
55-201. Duty of lessee to have forfeited leasereleased; publication notice; affidavit to be recorded; notice to landowner;remedies.When any oil, gas or other mineral lease heretofore or hereafter givenon land situated in any county of Kansas and recorded therein shall becomeforfeited it shall be the duty of the lessee, his or her successors or assigns,within sixty days from the date of the taking effect of this act, if theforfeiture occurred prior thereto, and within sixty days after the date ofthe forfeiture of any other lease, to have such lease surrendered inwriting, such surrender to be signed by the party making the same,acknowledged and placed on record in the county where the leased land issituated without cost to the owner thereof: Provided, That, if thesaid lessee, his or her successors or assigns, shall fail or neglect to executeand record such surrender within the time provided for, then the owner of saidland may serve upon said lessee, his or her successors or assigns, in person orby registered letter, at his or her last-known address, or by publication forthree consecutive weeks in a newspaper of general circulation in the countywhere the land is situated, a notice in writing in substantially thefollowing form:
"To ________: I, the undersigned, owner of the following described landsituated in ________ county, Kansas, to wit: (description of land) uponwhich a lease, dated ______ day of ______, 19__, was given to ________, dohereby notify you that the terms of said lease have been broken by theowner thereof, that I hereby elect to declare and do declare the said leaseforfeited and void and that, unless you do, within twenty days from thisdate, notify the register of deeds of said county as provided by law thatsaid lease has not been forfeited, I will file with the said register ofdeeds affidavit of forfeiture as provided by law; and I hereby demand thatyou execute or have executed a proper surrender of said lease and that youput the same of record in the office of the register of deeds of saidcounty within twenty days from this date.
"Dated this ______ day of ______, 19__.
________."
And the owner of said land may after twenty days from the date ofservice, registration or first publication of said notice, file with theregister of deeds of the county where said land is situated an affidavitsetting forth, that the affiant is the owner of said land; that the lessee,or his or her successors or assigns has failed and neglected to comply with theterms of said lease, reciting the facts constituting such failure; that thesame has been forfeited and is void; and setting out in said affidavit acopy of the notice served, as above provided and the manner and time of theservice thereof. If the lessee, his or her successors or assigns, shall withinthirty days after the filing of such affidavit, give notice in writing tothe register of deeds of the county where said land is located that saidlease has not been forfeited and that said lessee, his or her successors orassigns, still claim that said lease is in full force and effect, then thesaid affidavit shall not be recorded but the register of deeds shall notifythe owner of the land of the action of the lessee, his or her successors orassigns, and the owner of the land shall be entitled to the remedies nowprovided by law for the cancellation of such disputed lease. If the lessee,his or her successor or assigns, shall not notify the register of deeds, asabove provided, then the register of deeds shall record said affidavit, andthereafter the record of the said lease shall not be notice to the publicof the existence of said lease or of any interest therein or rightsthereunder, and said record shall not be received in evidence in any courtof the state on behalf of the lessee, his or her successors or assigns, againstthe lessor, his or her successors or assigns.
History: L. 1909, ch. 179, § 1; L. 1915, ch. 228, § 1; May 22; R.S. 1923,55-201.