Adverse Possession Not Established - Kansas

September 13, 2011 | Erin Herbold-Swalwell


A recent Kansas Court of Appeals opinion highlighted some important concepts with respect to adverse possession in Kansas.  Generally, an individual that possesses someone else’s land in an open and notorious fashion with the intent to take it away from them may become the true property owner after the expiration of a statutory time period and after quieting title in a court of law.   Adverse possession is a common law concept, so the application of the rule varies from state-to-state.  The reason for the rule is to cure potential or actual defects in real estate titles by limiting the time during which challenges to ownership and possession of land that would impact title can be filed.

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