Editing Property Dukeminier/Outline
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===Luthi v. Evans=== | ===Luthi v. Evans]=== | ||
''[[Luthi v. Evans]]'' (Kan. 1978)—Owens owned interest in several oil and gas leases in Coffey County. She assigned some of her interests in 1971 to International Tours. Assignment document specifically described 7 oil and gas leases to be assigned. Second paragraph purported to convey to Tours “all interest” in oil and gas leases “whether or not specifically enumerated above.” Owens owned a gas lease in Kufahl, which was in Coffey County. The ownership of the Kufahl lease was not described in the first paragraph of the assignment. Tours recorded the assignment in 1971. In 1975, Owens assigned the Kufahl lease to Burris. Burris personally checked register of deeds, and also secured an abstract of title. Neither effort reflected the prior assignment to Tours. A dispute arose as to the ownership of the interest in the Kufahl lease. ISSUE: Does recording with the recorder of deeds a conveyance which does not include full legal descriptions of the interest conveyed impart constructive notice to subsequent purchasers? RULE: Conveyances of real property interests must provide a specific legal definition of the interests being conveyed. HELD: No. The recorder’s office had a statutory obligation to index the names of the grantors and grantees as respects particular properties. Because the Kufaehl lease was not described in the recorded document, the recorder could not have appropriately recorded that interest. Assignment was effective between Owens and Tours, but it was not effective as applied to anyone else. Because the recordation did not give constructive notice to Burris, the assignment of the Kufahl lease to Owens is overridden by the subsequent assignment to Burris. | ''[[Luthi v. Evans]]'' (Kan. 1978)—Owens owned interest in several oil and gas leases in Coffey County. She assigned some of her interests in 1971 to International Tours. Assignment document specifically described 7 oil and gas leases to be assigned. Second paragraph purported to convey to Tours “all interest” in oil and gas leases “whether or not specifically enumerated above.” Owens owned a gas lease in Kufahl, which was in Coffey County. The ownership of the Kufahl lease was not described in the first paragraph of the assignment. Tours recorded the assignment in 1971. In 1975, Owens assigned the Kufahl lease to Burris. Burris personally checked register of deeds, and also secured an abstract of title. Neither effort reflected the prior assignment to Tours. A dispute arose as to the ownership of the interest in the Kufahl lease. ISSUE: Does recording with the recorder of deeds a conveyance which does not include full legal descriptions of the interest conveyed impart constructive notice to subsequent purchasers? RULE: Conveyances of real property interests must provide a specific legal definition of the interests being conveyed. HELD: No. The recorder’s office had a statutory obligation to index the names of the grantors and grantees as respects particular properties. Because the Kufaehl lease was not described in the recorded document, the recorder could not have appropriately recorded that interest. Assignment was effective between Owens and Tours, but it was not effective as applied to anyone else. Because the recordation did not give constructive notice to Burris, the assignment of the Kufahl lease to Owens is overridden by the subsequent assignment to Burris. | ||