What is the “lost document rule”?

The “lost document rule” is an important concept within property law in Kansas. This rule states that in certain cases when a document that is legally significant in a dispute over property is lost, the original document is presumed to be genuine and valid. The burden of proof is then placed on the person who claims the document is false or invalid. The rule still applies even when some evidence of the document’s content has been destroyed or no longer exists. To prove that the document is invalid, the person must show that the missing document was fraudulent or falsified. This could include proving that the signature or other key details on the document were forged. The lost document rule can be important to a dispute over title to a property. The Kansas State Courts have upheld the rule and stated that it is unrealistic to require a party in a dispute to produce a document that is lost or no longer exists. The court also noted that there is a presumption of reliability if the party who lost the document had an opportunity to produce the document but failed to do so. The “lost document rule” is an important concept within property law in Kansas as it provides assurance that a document presumed to be authentic is legally binding. It also helps to ensure that one party cannot gain an unfair advantage by claiming a document is false or invalid.

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What is the “lost document rule”?

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