Asked in Real Estate Law and Land Use & Zoning for Kansas

Q: Is adverse possession legal in Allen county Kansas? Can legal owner object to it and retain property

1 Lawyer Answer
Scott C. Stockwell
Scott C. Stockwell
  • Real Estate Law Lawyer
  • Lawrence, KS
  • Licensed in Kansas

A: Adverse possession in Kansas is a statutory created right and would be the same wherever the circumstances arise. The statue is relatively succinct and straight-forward:

"60-503. Adverse possession. No action shall be maintained against any person for the recovery of real property who has been in open, exclusive and continuous possession of such real property, either under a claim knowingly adverse or under a belief of ownership, for a period of fifteen (15) years. This section shall not apply to any action commenced within one (1) year after the effective date of this act."

The adverse possession statute builds upon hundreds (about 401) cases that came before it and the scores of cases that come after. Adverse possession is a fact-driven determination. You should consult with an experienced attorney.

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