Squatter's Rights

Kansas Squatter’s Rights

December 18, 2023

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Squatters In Kansas

Squatters – those mysterious figures who move into abandoned or vacant properties – have long been a subject of curiosity and confusion. Many people wonder—and fear—how squatters sometimes end up with legal rights to the property they’ve occupied.  

Squatters’ rights exist in various forms across the United States, including Kansas. The requirements for claiming these rights vary from state to state, making it essential to understand the specific laws in your area. Squatters rights Kansas protects are regulated by Kansas law and differ from those provided in other states. 

While you can feel comforted that it is notoriously difficult for a squatter to fulfill all the requirements necessary to make a successful legal claim to your property, it never hurts to be prepared. In this article, we’ll cover squatters rights in Kansas and explain how adverse possession works for squatters in Kansas. 

Overview 

  • Minimum Occupation Required: 15 consecutive years 
  • Property Taxes Required? No 
  • Color of Title Required? No 

Who Are Squatters? 

A squatter is someone who occupies a property without legal ownership or permission from the property owner. They often move into vacant, abandoned, or neglected properties. Squatters could squat temporarily (e.g., for a few weeks) or for years at a time.  

While the term “squatter” probably summons a certain image in your mind, it’s important to note that not all squatters have nefarious intentions. A squatter could be someone who thought they legally owned a property that has been passed down in their family over many generations, only to find out years later that the title officially belongs to someone else. 

Who Isn’t a Squatter? 

Not everyone who occupies or enters a property without permission is a squatter. For instance, tenants with expired leases are not squatters. Rather, they are “holdover tenants,” or previous tenants who no longer have the right to live in the property. Likewise, trespassers are also not squatters. Criminal trespassers are people who enter onto your private property but do not live there, while squatters actually occupy and live on the vacant property. 

What Are Squatter’s Rights/Adverse Possession? 

Squatter’s rights, also known as adverse possession, refer to the general legal principles that allow squatters to gain ownership of a property through a long period of possession, even without the owner’s permission. While squatter’s rights might seem antiquated today, the principles of adverse possession were established to reward the productive use of land and discourage neglect of properties.  

There is no federal law governing squatter’s rights, but there are legal precedents for them in each state and laws governing some of the requirements to claim adverse possession. Squatters in Kansas are subject to the unique laws of this state. 

Kansas Squatters Rights 

To make a successful claim for adverse possession or squatters rights in Kansas, a squatter must meet the following requirements: 

  • Occupy the property for 15 consecutive years (KS § 60-503). 

In some states, squatters are also required to have paid property taxes on the land or have obtained what’s called “color of title,” which is ownership of a property in a nontraditional way without having the official title to the property. However, squatters in Kansas are not required to have either of these to make a valid adverse possession claim. Having color of title or paying property taxes may increase the squatter’s chances of convincing the court that they should have possession, but it does not decrease the 15-year occupation minimum. 

Squatters must also meet five general requirements to claim Kansas squatters rights: 

  1. Hostile/Adverse—The squatter must not have a valid lease or rental agreement with the owner.  
  1. Actual—The squatter must have actively lived in the property for a certain length of time.  
  1. Open and notorious—The squatter’s possession of the property is open and obvious to neighbors or anyone else. They aren’t living there “in secret” or trying to hide their presence.  
  1. Exclusive—The squatter does not share possession of the property with anyone else. They prevent others from living there like an owner would.  
  1. Continuous—The squatter must hold continuous and uninterrupted possession of the property (15 consecutive years in Kansas). 

How Does a Squatter Claim Adverse Possession in Kansas? 

If a squatter has fulfilled both the requirements for squatter’s rights in Kansas and the general squatter’s rights principles above, they can file a claim for adverse possession or bring an action to “quiet title.” Quiet title is the legal action to claim the right of possession and ownership of a particular property. 

Note, however, that just because a squatter files a claim, this does not mean they will be successful. There are many obstacles to winning an adverse possession case—for instance, the squatter would need to: 

  • Gather ample evidence for their claim (e.g., mail addressed to the property in their name, property tax receipts, evidence that they’ve “beautified” the property, etc.) 
  • File a quiet title complaint with the court 
  • Attend a hearing with you in front of a judge, where they’ll present their case for adverse possession  
  • Successfully convince a judge that they have fulfilled all the state requirements for adverse possession 
  • Receive a judgment for adverse possession to perfect the title 

As you can see, a squatter has an enormous burden of proof when claiming ownership of your property. It is a highly complex process that often requires the squatter to hire an attorney and to have lived in your property for many years. In all likelihood, a squatter situation you’re involved in won’t escalate to a successful action to quiet title. 

How to Remove a Squatter in Kansas 

In Kansas, as in almost all other states, removing a squatter necessitates the full eviction process. Treating the squatter like any other tenant ensures that any adverse possession claim they file is invalid. If you find out that a squatter is living in your property, you need to provide proper notice, file a formal eviction complaint in court, and attend (or get your attorney to attend) a hearing to lawfully remove the squatter. 

Here is an overview of the eviction process for squatters in Kansas: 

  1. The owner must send a formal eviction notice, as per Kansas law on eviction. In Kansas, the possible eviction notices are: 
    • A three-day pay-or-quit notice (for nonpayment) 
    • A 30-day quit notice with 14 days to cure (for lease violations) 
    • A 30-day quit notice (for repeated violations within the same term) 
  1. After the notice period has expired, the owner must file a complaint, also known as Petition for Eviction, with the Kansas District Court. 
  1. The court will issue a summons to court, which must be served to the squatter by the sheriff of another authorized process server. 
  1. The owner must attend a hearing to present evidence of lawful ownership of the property to the judge. 
  1. Upon confirming ownership, the judge will issue a writ of restitution authorizing the sheriff to forcibly remove the squatter. 
  1. The sheriff or other authorized process server will execute the writ and remove the tenant within 14 days. 

Remember that police officers cannot remove squatters—you must call the sheriff, who has the appropriate jurisdiction to remove the squatter. 

How to Prevent Squatters from Living in Your Vacant Kansas Property 

Here are a few practical tips to prevent squatters from moving into your vacant property: 

  • Regularly inspect your property. 
  • Make your property appear inhabited during vacancy periods. 
  • Install adequate lighting and security systems to deter unauthorized entry. 
  • Secure all doors, windows, and access points with sturdy locks and barriers. 
  • Post “No Trespassing” signs on the property. 
  • Encourage neighbors to report any suspicious activity. 
  • Consider hiring a property management company to oversee and maintain the property. 
  • If feasible, keep the property in use, even if temporarily, to discourage squatting. 
  • Develop a good relationship with local law enforcement and notify them of the property’s vacancy to increase patrols and response to trespassing. 

Conclusion 

Knowledge is indeed power when it comes to understanding the laws that regulate property possession and ownership. However, it’s worth noting that adverse possession laws are unlikely to come into play in most cases. Property neglect to the extent that a squatter could go unnoticed for the required period is rare, emphasizing the importance of vigilance and preventative measures in protecting property rights. 

Innago does not provide legal advice. The content and materials provided in this article are for general informational purposes only and may not be the most up-to-date information. 

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