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Fence Question Again

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E

enihprom

Guest
What is the name of your state?What is the name of your state? KS
I purchased my home in Sept. 2003. The legal description states the size of my lot is 70' by 100'. In the lovely small back yard there is a rotting mass that somewhat resembles a fence. I was planning to rebuild the fence and thought it a good idea to get a survey done in April 2004 before proceeding to tear it down. With the survey complete, I found that I have about 8' by 100' more land than I thought. Thinking I would extend the fence back to increase the size of my backyard, I politely told my neighbor my intentions. My neighbor, who does not actually live in the house, but visits, states the land is hers and it has been in her family for 30 years. She inherited the house from her mother in 1995 and the legal description on her home is consistent with my survey. Her yard should be smaller than it is. She claims something along the line of squatter's rights. If she has had control of the land for that long, does she have a leg to stand on, and if so, do I get stuck paying property taxes on land that I paid for and can't use? Any advice is appreciated. :confused:
 


H

HomeGuru

Senior Member
enihprom said:
What is the name of your state?What is the name of your state? KS
I purchased my home in Sept. 2003. The legal description states the size of my lot is 70' by 100'. In the lovely small back yard there is a rotting mass that somewhat resembles a fence. I was planning to rebuild the fence and thought it a good idea to get a survey done in April 2004 before proceeding to tear it down. With the survey complete, I found that I have about 8' by 100' more land than I thought. Thinking I would extend the fence back to increase the size of my backyard, I politely told my neighbor my intentions. My neighbor, who does not actually live in the house, but visits, states the land is hers and it has been in her family for 30 years. She inherited the house from her mother in 1995 and the legal description on her home is consistent with my survey. Her yard should be smaller than it is. She claims something along the line of squatter's rights. If she has had control of the land for that long, does she have a leg to stand on, and if so, do I get stuck paying property taxes on land that I paid for and can't use? Any advice is appreciated. :confused:
Click to expand...
**A: construct your fence following your current survey and ignore your neighbor. She has no rights unless she qualifies under the adverse possession law.
 
I

I AM ALWAYS LIABLE

Senior Member
My response:

You need to talk to a Real Estate attorney. Kansas "Adverse Possession" law requires "open and notorious" use of the land for a period of not less than 15 years. Your neighbor may, in fact, be correct - - and now owns the land due to such "open and notorious" usage for the past 30 years.

However, you need to have a detailed discussion with your attorney. There may be other actions and defenses to such "possession" at your disposal, requiring a lawsuit against your neighbor to "Quiet Title" to the land.

IAAL
 
H

Happy Trails

Senior Member
Just wondering...

Hypothetically, If she doesn't have legal rights to her land any more does she still continue to pay the taxes (on that piece)?

Who perfects the deeds?

Wouldn't the squatter have to have their own survey and a legal description written up?

Also would the squatter still have to go through some kind of court proceedings to finalize the deal?

It can't be so easy to just occupy someone's land without doing at least the above actions to make it legal. Can it?

I suppose if it were me I would build the fence too, and let her take action...

But, I'm not a lawyer or I wouldn't be asking the above questions.
 
Last edited:
H

Happy Trails

Senior Member
I have just one more thing to add.

You state, "My neighbor, who does not actually live in the house, but visits, states the land is hers and it has been in her family for 30 years."

**Build the fence when she is gone, and start your own "adverse possession". ;)
 
H

HomeGuru

Senior Member
Happy Trails said:
Hypothetically, If she doesn't have legal rights to her land any more does she still continue to pay the taxes (on that piece)?

**A: she does own the land so keeps paying the taxes, even if she does not use the land.
******
Who perfects the deeds?

**A: the court.
*********

Wouldn't the squatter have to have their own survey and a legal description written up?

**A: yes, and they also have to file a court complaint.
*********

Also would the squatter still have to go through some kind of court proceedings to finalize the deal?


**A: see above.
*******
It can't be so easy to just occupy someone's land without doing at least the above actions to make it legal. Can it?

**A: no so read the post by IAAL and research the adverse possession law.
*******

I suppose if it were me I would build the fence too, and let her take action...

But, I'm not a lawyer or I wouldn't be asking the above questions.
Click to expand...
**A: yes and ok.
 
H

HomeGuru

Senior Member
Happy Trails said:
You state, "My neighbor, who does not actually live in the house, but visits, states the land is hers and it has been in her family for 30 years."

**Build the fence when she is gone, and start your own "adverse possession". ;)
Click to expand...
**A: that would not work.
 
H

HomeGuru

Senior Member
Happy Trails said:
**A: that would not work.

***Why not??? (I do appreciate the your knowledge, you have helped me immensely.)
Click to expand...
**A: read the ap law and you tell us. Hint: in order to adversely posess, certain criteria must be met.
 
H

Happy Trails

Senior Member
**A: read the ap law and you tell us. Hint: in order to adversely posess, certain criteria must be met.


*O.k. so these are the facts:
***"Possession must be open for all to see..."
*Eventually the land owner would see the fence and it would be known.

***"Possession must be exclusie to him/her."
*Putting up a fence would qualify, no?

***Possession must be hostile to the actual owner."
*I don't think the other owner will like it.

* I guess what I'm saying, the other neighbor is claiming "squat rights" why not squat right back?
 
H

Happy Trails

Senior Member
One more thing to add.

I suppose this neighbor would not be technically "squatting back" since the other owner has not completed legal action through the "adverse possession" law. Is that what you wanted to hear?
 
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