Mineral Deed Valid Even Though Not Recorded Within 90 Days.

On July 18, 1929, a mineral deed conveyed a one-half interest to a buyer.  The deed was filed in the appropriate county office (county Register of Deeds office) on Nov. 4, 1929.    Under Kan. Stat. Ann. Sec. 79-420, a mineral deed is to be filed within 90 days of its execution.  The defendant obtained the one-half interest via a mineral deed conveyed on Aug. 31, 1944, which was recorded on Sept. 16, 1944.  In 2013, the plaintiff sued to quiet title against the defendant claiming that the plaintiff owned the surface and mineral rights to the property and that the defendant's claimed interest was invalid because the 1929 mineral deed was not recorded within 90 days of its execution.  The plaintiff claimed that the defendant's interest clouds the plaintiff's title.  The defendant sought summary judgment, on the basis that because the deed was filed by March 1 of the year after its execution it was valid.  The plaintiff responded that the failure to record within 90 days  was not fatal if the defendant met the "listing for taxation" portion of Kan. Stat.  Ann. Sec. 79-420, but that the defendant had not met its burden on that point.  The trial court granted the defendant's motion on the basis that because the deed was filed before March 1 of the following year which satisfied the "listing for taxation" requirement.  On appeal, the court affirmed, on the basis that, to be held void, the deed must fail to be recorded within 90 days of execution and be failed to be listed for taxation.  By filing the deed by March 1 of the year following execution, the minerals in the deed were available to list for taxation.  The minerals need not actually be taxed the year after the year of severance, only be listed for taxation which is accomplished by registering the deed with the register of deeds by March 1 of the year following execution.  Hess v. Cleroy, Inc., et al., No. 112,579, 2015 Kan. App. Unpub. LEXIS 867 (Kan. Ct. App. Oct. 23, 2015).