Printable Format55-205. Record of lease as notice for definite term; extension upon contingency, affidavit. When an oil, gas or mineral lease is hereafter given on land situated within the state of Kansas, the recording thereof in the office of the register of deeds of the county in which the land is located shall impart notice to the public of the validity and continuance of said lease for the definite term therein expressed, but no longer: Provided, That, if such lease contains the statement of any contingency upon the happening of which the term of any such lease may be extended (such as "and as much longer as oil and gas or either are produced in paying quantities"), the owner of said lease may at any time before the expiration of the definite term of said lease file with the said register of deeds an affidavit setting forth the description of the lease, that the affiant is the owner thereof and the facts showing that the required contingency has happened. This affidavit shall be recorded in full by the register of deeds, and such record together with that of the lease shall be due notice to the public of the existence and continuing validity of said lease, until the same shall be forfeited, canceled, set aside or surrendered according to law.
History: L. 1915, ch. 228, ยง 2; May 22; R.S. 1923, 55-205.
Law Review and Bar Journal References:
Quoted in discussing subject, William A. Robinson, 21 J.B.A.K. 320, 334 (1953).
1953-55 survey of Kansas law, Bernard E. Nordling, 4 K.L.R. 162, 170 (1955).
Nonproducer speculation in oil and gas, James K. Logan, 4 K.L.R. 396, 401 (1956).
1959-61 survey of Kansas law, William R. Scott, 10 K.L.R. 271, 275 (1961).
"The Effect of the New Code on Title Examination," J. B. McKay, 33 J.B.A.K. 173, 176 (1964).
Provisions are permissive, Edward Larson, 14 K.L.R. 337, 338 (1965).
CASE ANNOTATIONS
1. Section construed; evidence of extension of time. Cement Co. v. Brick & Title Co., 100 Kan. 547, 549, 164 P. 1087.
2. Section cited; forfeiture of lease considered. Cole v. Butler, 103 Kan. 419, 422, 173 P. 978. Overruled: Brinkman v. Empire Gas and Fuel Co., 120 Kan. 602, 245 P. 107.
3. Section cited in connection with kindred sections. Elliott v. Oil Co., 106 Kan. 248, 250, 187 P. 692.
4. Evidence supported judgment no oil being produced. Bundy v. Ahrens, 115 Kan. 818, 224 P. 899, 900.
5. Applicable only where lease has become forfeited; proof necessary to cancel lease. Tamsk v. Continental Oil Co., 158 Kan. 747, 751, 150 P.2d 326.
6. Mentioned in holding oil and gas lease had not expired. Spikes v. Weller, 159 Kan. 597, 600, 156 P.2d 540.
7. Extension affidavit not filed; lease held to have terminated. Peatling v. Baird, 168 Kan. 528, 529, 536, 537, 213 P.2d 1015.
8. Purpose of production affidavit is to notify public. Storm v. Barbara Oil Co., 177 Kan. 589, 600, 282 P.2d 417.
9. Oil and gas leasehold mortgage filed as a realty fixed lien, when. Riverview State Bank v. Ernest, 198 F.2d 876, 878.
10. Production notice effective only as to lands described therein. Cities Service Oil Company v. Adair, 273 F.2d 673, 674, 675, 676.
11. Duty to file affidavit of production discussed. Davis v. Cities Service Oil Company, 338 F.2d 70, 72, 75.