Full question:
If a fence has been on property dividing two landowners for 30 years plus, is this considered the boundary line when it's clear it isn't straight with the other end of the fence?
- Category: Real Property
- Subcategory: Adverse Possession
- Date:
- State: Kansas
Answer:
In boundary disputes, a claim of adverse possession or prescriptive easement may arise. Adverse possession seeks to gain title to property, while a prescriptive easement grants continued use without claiming ownership. To establish adverse possession, the possession must be overt, hostile, exclusive, uninterrupted, and under a claim of right, giving the actual owner a chance to respond.
Negotiating an easement with your neighbor to reposition the fence is an option. Alternatively, you can file a court action to quiet title, which resolves boundary disputes. Adverse possession laws vary by state; for instance, in Kansas, possession must be continuous for fifteen years. Simply paying taxes does not suffice to claim property. Evidence of adverse possession includes making improvements, like fencing, during the statutory period.
Some public properties are exempt from adverse possession claims. Certain states require possession to be 'under color of title,' meaning the possessor believes they have the right to the property, supported by some documentation. Additionally, some states mandate payment of property taxes and improvements made to the land. Eventually, the possessor must file for title with the county recorder, allowing the original owner a limited time to contest the claim. The owner can counter by asserting a disability, like age or mental instability, but generally, they need only send a note granting permission to stop the possessor's claim.
Refer to the Kansas statute: 60-503. Adverse possession states that no action can be maintained against someone who has openly, exclusively, and continuously possessed real property for fifteen years under a claim of ownership (K.S.A. 60-503).
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.