How squatters can take your property in Kansas
KANSAS (KSNT) – You might’ve heard horror stories of landlords finding squatters on their property and the nightmares that can ensue trying to evict them. But can this happen to you in Kansas?
Who are squatters? Squatters are people who live on someone else’s property without legal claim to it. If a landowner doesn’t check on the property they could risk losing ownership to squatters through an involuntary transfer.
Squatters have rights in all 50 states known as “adverse possession” laws. If a squatter lives on a property for a specific amount of time, they can file ownership claims on the property. If a squatter is successful in proving adverse possession, they can be granted the title to the property. Squatters in the Sunflower State must possess and maintain a property for 15 years before they can make a title claim.
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Adverse Possession/Squatter’s Rights
27 News spoke to Kansas Legal Services Director of Advocacy and Litigation Casey Johnson about adverse possession laws. He said the reason adverse possession laws are in place is because states want to ensure land is being used.
“If the title owner is not doing anything with land, but someone else is using it, farming it, living on it, etc., over a long period of time, then the state would rather have that person own the land,” Johnson said.
K.S.A. 60-503 is the Kansas adverse possession statute. The statute says:
“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.”
K.S.A. 60-503
According to Johnson, “open” means possession or maintenance of the property isn’t hidden and “exclusive” means the squatter is the only one possessing and maintaining the property. Johnson said title owners can permit a person to use land, but the person using it can’t adversely possess it unless the title owner withdraws permission.
“Once the permission is withdrawn, the 15-year clock starts,” Johnson said.
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What can property owners do if they have a squatter on their property?
After giving proper notice, property owners can file for an eviction or quiet title/slander of title case with the county register of deeds office if the squatter has filed any type of deed.
The eviction process varies depending on the type of property. For non-residential property, typical landlord and tenant statutes apply. For residential property, the Kansas Landlord and Tenant Act or the Mobile Home Parks Residential Landlord and Tenant Act apply.
“If the adverse possessor is not a tenant, then at a bare minimum, the owner must give the person a three-day notice to leave, which is required before filing any type eviction case. K.S.A. 61-3803,” Johnson said. “If the person is or may be a tenant and there is no specific rental agreement term, then the owner should generally give the tenant a 30-day notice to terminate the tenancy and a three-day notice to leave, which may be combined into one notice. K.S.A. 58-2570(b). If the owner does not give the proper notice, then the court does not have jurisdiction and must dismiss the case.”
In Shawnee County, when the District Court enters into an order of eviction, the order is issued to the sheriff’s office.
According to Shawnee County Sheriff’s Office spokeswoman Abigail Christian, eviction orders are executed 14 days from the date the order is received from the District Court. Property disputes are handled on a case-by-case basis.
“The Shawnee County Sheriff’s Office does not keep statistical data of evictions involving individuals that may be classified as ‘squatters,'” Christian said.
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Historical cases of adverse possession in Kansas
In a 2011 case, Crone v. Nuss, a case of adverse possession was ended before the 15-year (1993-2005) mark after the defendant Fred Nuss and his lawyer sent the Crones a certified letter telling them they were trespassing.
“These overt acts by Nuss exhibited a specific declaration of purpose to protect his rights of ownership against the Crones and were sufficient to put the Crones on notice and toll the statute of limitations under K.S.A. 60–503 at 12 years,” the case documents say.
In another case from 1980, Stith v. Williams, former owners didn’t establish property boundary lines. The court found the land was not exclusive or continuous which would support the claim for adverse possession.
“The Stiths took unfair advantage of their accidentally acquired knowledge that Mrs. Beard’s conveyance of her property was incomplete and, in effect, “got something for nothing” by “badgering” an elderly lady,” Kansas Supreme Court Judge Kay McFarland dissented. “I would reverse and enter judgment for the appellants.”
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