Legal Question in Real Estate Law in Kansas

Forfeiture of Property

I built a fence in 1999 and and choose to forfeit about a 4 foot by 60 foot strech of my property because of an expense issue. At the time there was a vacant lot behind me. About six months later, a house was built on that lot and some people moved in. They have maintained, used, and enjoyed said strech of property since. They recently had their yard surveyed for a fence and found the property line was well inside their yard. Since they have maintained and enjoyed it for several years, is it now theirs? I do not wish to get it back; they no longer want to take care of it. SO , Is it theirs legally speaking?


Asked on 4/10/06, 8:15 pm

1 Answer from Attorneys
Anthony Smith LawSmith

Re: Forfeiture of Property

If you are asking, "Am I responsible for the upkeep of the 4 x 60 foot portion of land?' the answer is yes. If you are asking if the neighbors can try to claim it as theirs if they want to, the Answer is maybe. You did not give teh land away, nor sell it. If the city or some other governmental body wants to the hold the owner of this strip of land responsible for something on or from this land, they will be looking to you. Ifd soemoen is injured on that piece of property, they will probably come after your homeowner's policy, but may also seek damages from your neighbor, if they were their invitees.

Good Luck,

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Answered on 4/22/06, 10:35 pm


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