Legal Question in Civil Litigation in Kansas
Land owners rights
I have recently purchased land in SE Kansas. The land was surveyed just before purchase and I discovered the neighbor has about 1 acre of my land fenced in as his own. It would appear that it's been this way for several years. I'm ok with them using that portion of my land but would like to know if the neighbor has any legal rights to that land just because it's been fenced as his own?
1 Answer from Attorneys
Re: Land owners rights
I am assuming that you did not get title insurance. if you did, you might ask them to research whther there have bene any ejectment actions or any unusual agreements recorded.
If the neighbor has used this fenced in area long enough, they might now own it to teh extent that you will not be able to have them ejected from the land. It is called hostile possession. If you give the neighbor written permission to use that portion of your land, you may be able to thwart a future problem getting them (or the next purchaser of their land) off of yours.
Good Luck
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