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Landmark Title Company

Quiet Title: Clearing Ownership in Court

A quiet title action is a lawsuit that asks a court to declare who owns a property, wiping out competing claims. It's the tool of last resort when a title problem can't be fixed with signatures and releases.

When a quiet title is needed

  • An heir or former owner can't be found to sign
  • A deed in the chain was defective or never recorded
  • Someone claims ownership by adverse possession
  • An old lien or interest can't be released any other way

How it works in Kansas

A Kansas attorney files the case in district court in the county where the property sits, notifies everyone who might have a claim, and asks the court to rule. Contested cases take longer. The judgment is recorded and the title company can then insure.

Adverse possession

Kansas generally requires 15 years of open, exclusive and continuous possession under a claim of ownership before adverse possession can be established, and it's decided by a court.

Common questions

Can I kick someone out of my house if they are on the deed?

Not simply by asking. A co-owner has a right to the property. Partition, divorce or other court action may be needed; talk to an attorney.

Is adverse possession hard to prove?

Yes. Every element must be shown for the full period.

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