Legal Question in Legal Ethics in Kansas

Our city is planning to annex our 13 house subdivision just outside the city limits. apparently, the original land owners signed a waiver that said "The exact language on the plat is as follows: "Owners of lands within this subdivision do hereby bind themselves to waive any protest to annexation by the City "

None of the 13 home owners are the original owners of the home, and none of us have ever seen that waiver - we were never made aware of its existence when purchasing our homes. Is that waiver still valid? If so, do you feel there is any possible way to fight the annexation? 100% of the 13 homeowners do not want to be annexed - so we know we have 2/3 majority, but are concerned that the waiver trumps all.

Thank you for your assistance


Asked on 11/16/11, 10:08 am

1 Answer from Attorneys
Anthony Smith LawSmith

The waiver may still be vaild. You (and the other homeowners) may have a vaild claim against your title insurer. If they failed to disclose the existence of the waivers. If any owner wa s bona fide third party pushaser throug habnomral means (foreclaosur eslae of tax sale) then they might be able to defeat the waiver. Of course al the homeowenrs can oppose the annexation in court. You mihgt be able to postpone the annexation for several years. Long enough to sell to those who don't mind the annexation. Since you are all probably in the same boat, you could pool your resources and hire one attorney or law firm to represent you all.

Good luck

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Answered on 11/18/11, 2:27 pm


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