Squatters Rights in Kansas & Adverse Possession Laws 2024

Dealing with squatters can be frustrating and costly for a landlord in Kansas. This is especially true when it leads to legal complications and the associated financial strain of eviction. Because of rules referred to as squatters rights, Kansas legislation allows squatters to use a legal process known as adverse possession to claim property ownership if certain predetermined conditions are met. This means protecting your property at the first sign of an unwanted occupant is extremely important.

In this article, we’ll talk about the significance of Kansas squatters rights and how adverse possession laws can impact you. This way, if you’re ever faced with an unwelcome squatter, you know exactly how to approach the situation and keep your property under your ownership.

Trespassers vs Squatters

In Kansas, the distinction between a trespasser and a squatter is important and nuanced. A trespasser is the typical image you get when you think of an unwelcome visitor. They enter someone’s property without permission, often temporarily, with no intention of staying. Once the intent to occupy shifts, they become known as a squatter. More specifically, a squatter is a person who occupies the property for an extended period and may even attempt to claim legal rights over time.

It’s of the utmost importance for landlords to manage trespassers appropriately before they transition into squatters. The longer someone stays on the property, the harder it becomes to remove them, potentially leading to an adverse possession claim and the loss of your sole property ownership.

Legality of Squatting in Kansas

Kansas laws against squatting are clear: squatting on someone else’s property without permission is illegal. However, Kansas law includes provisions for adverse possession, a legal process by which squatters can potentially gain ownership of a property.

To successfully claim adverse possession in Kansas, a squatter must meet strict criteria.This will be detailed more below, but generally it requires the squatter to occupy the property openly, continuously, and exclusively for a period of 15 years. During this time, the squatter must demonstrate their intention to possess the property as if it were their own.

Squatters can face civil eviction and may be charged with trespassing, especially if they refuse to leave after being asked by the property owner. To prevent this from escalating, Kansas property owners should remove a squatter fast when they notice them occupying their land.

Squatters Rights and Adverse Possession Laws in Kansas

Adverse possession is a legal process by which a squatter, after occupying a property for a certain amount of time, can potentially claim legal ownership. In Kansas, squatters must meet strict criteria to claim adverse possession, including continuous, exclusive, and open occupancy of the property for at least 15 years.

During this time, the squatter must treat the property as if they were the rightful owner. This means they must maintain the property, such as making repairs, paying property taxes, or even fencing it, just as a legal owner would.

It’s important to note that adverse possession laws differ from state to state. Kansas requires a long timeframe for squatters to establish ownership, which is much more stringent compared to some other states. In other words, if a squatter has made their home on your property for 15 years without legal action taken to remove them, this could lead them to gain ownership of said property.

How Kansas Squatters Can Legally Claim Property Through Adverse Possession

While adverse possession laws can terrify property owners, they are a rare occurrence in Kansas. That’s because Kansas has strict regulations and timeframes that must be followed for a squatter to even begin an adverse possession lawsuit. Below is detailed information specifying squatters’ legal requirements to claim property through adverse possession.

Regarding squatters rights, Kansas adverse possession law requires the occupancy to be:

• Hostile: The property owner must not have given the squatter consent to occupy the space. This is considered hostile because they are not welcome to maintain occupancy there.
• Continuous: The squatter must occupy the property for at least 15 uninterrupted years. We’ll detail this more below.
• Open and Notorious: The squatter’s occupation must be clear to anyone, including the owner. If the squatter takes occupancy in secrecy, the requirements for an adverse possession claim cannot be met.
• Exclusive: The squatter must possess the property alone. In other words, if another person occupies the space, they cannot claim the property as their own.

As mentioned above, there’s a required timeline that squatters must abide by in Kansas to allow them to claim property through adverse possession. This involves:

• 15 Years of Continuous Occupation: Squatters must occupy the property for at least 15 years without significant interruptions.

Landlords who monitor their properties regularly can prevent squatters from meeting these strict conditions, making adverse possession claims avoidable. Because of this, Kansas property owners should familiarize themselves with Kansas squatter laws to protect their rights.

Landlord Rights & Responsibilities

Landlords in Kansas have the right to evict squatters but must follow legal procedures to do so. This begins with serving a notice to vacate and, if ignored, filing an unlawful detainer lawsuit. However, if the squatter accepts a “cash for keys” settlement where you offer them money to leave your property, this is considered a legal means.

Remember that landlords manage and maintain their properties to prevent squatting. Regular property inspections, securing vacant homes, and responding quickly to trespassers can stop potential squatter claims. Failure to follow proper eviction procedures, such as attempting self-help evictions, can result in legal consequences for the landlord, including lawsuits or fines.

Squatters Rights & Responsibilities

Wondering about squatters rights? Kansas has specific laws and regulations that protect squatters from unlawful eviction. While this may seem counterintuitive to landlords and property owners, these rules are in place to prevent a property owner from harming a person who might have malintent.

Squatters have limited rights but can claim ownership through adverse possession if they meet stringent requirements, as discussed previously. Squatters must take responsibility for maintaining the property during their occupancy and act as if they are the rightful owner.

However, they have no legal right to remain on the property without fulfilling these conditions. If they do not meet these criteria, the property owner can evict them and may face legal consequences, including fines or criminal charges.

How to Evict Squatters in Kansas

If you’re facing issues with squatters, it’s important to review squatters rights. Kansas has explicit laws regarding how you can and cannot evict a squatter from your owned premises. Below, we’ve detailed the legal process required for evicting a squatter from your home.

• Step 1: Gather Evidence of Occupancy: Once you find a squatter in your home, the first and arguably most important step is gathering your evidence to present to the court. Take pictures, keep timelines, and record everything that a judge might want to know.
• Step 2: Serve a Notice to Quit: First, give the squatter a written notice, giving them three days to leave the property. This step is legally required in Kansas to start the eviction process.
• Step 3: File an Unlawful Detainer Action: If the squatter doesn’t leave, you must file an eviction lawsuit at your local Kansas court. Ensure you have documentation showing ownership and proof of the squatter’s unauthorized presence.
• Step 4: Go to the Court Hearing: Attend the hearing and provide evidence that the squatter is unlawfully occupying the property. The judge will issue a ruling.
• Step 5: Writ of Restitution: If the court rules in your favor and the squatter still refuses to leave, a sheriff or local law enforcement can remove them under this writ.

It’s important to remember that self-help evictions, like changing locks or cutting off utilities, are illegal in Kansas. Avoid taking matters into your own hands to prevent legal consequences for wrongful eviction.

Legal Help for Landlords in Kansas

Kansas landlords dealing with squatters have access to various legal resources to help them navigate eviction and protect their properties. Here are a few useful online resources:

• Kansas Bar Association: Provides legal advice and referrals to attorneys experienced in landlord-tenant law.
• Kansas Legal Services: Offers free or low-cost legal assistance for landlords facing eviction issues, including squatters.
• Kansas Landlord-Tenant Handbook: A detailed guide to understanding Kansas landlord-tenant laws, including squatting and eviction procedures

Preventing Future Squatter Situations

For Kansas landlords, preventing squatters from occupying your property requires a proactive approach. Fortunately, you can take several actionable steps to safeguard your investment. By addressing potential vulnerabilities and keeping an eye on vacant properties, you can minimize the risk of squatters moving in.

• Establish a Presence: Visit the property regularly and make it known to neighbors that the property is monitored. While you’re there, inspect the premises for the presence of squatters.
• Rent or Secure the Property: List the property as soon as it’s available to avoid long vacancies. If it can’t be rented quickly, add security measures like alarm systems, timed lighting, and no-trespassing signs.
• Maintain the Property: Keeping the property in good condition helps prevent it from appearing abandoned, which can attract squatters.
• Hire a Property Manager: If you can’t keep a close eye on the property, consider hiring a property manager to monitor and manage it in your absence.

Taking these steps can significantly reduce the number of squatters who occupy your property. Staying proactive keeps your property safe and avoids the complications of removing squatters through legal channels.

How Property Management Software Can Help

TurboTenant’s property management software is an excellent tool for filling vacancies and preventing squatters from taking over empty properties. This is especially important to limit squatters rights. Kansas residents should take advantage of TurboTenant, as keeping properties occupied can shorten downtime and minimize the risk of squatting. The TurboTenant platform offers landlords various mechanisms that make it easier to manage their property in a convenient manner:

• Rental Advertising: Promote your property across multiple platforms to find tenants fast.
• Kansas-Specific Lease Generation: Create state-compliant leases with ease.
• Automated Rental Applications: Simplify tenant applications and speed up the process to prevent strain on you or your property manager.
• Applicant Screening: Screen applicants to ensure the right tenants for your property.
• EZ Evict USA: Streamline the eviction process if necessary.

Sign up for a free TurboTenant account today to better manage your properties and avoid squatter issues.

Kansas Squatters Rights FAQs