Property Disputes in Kansas City, MO

Property disputes in Missouri are common between neighbors. They even occur between companies and governments. People want to protect what is legally theirs, but sometimes the boundary lines are not clear.

Find out what you can do if you have a property dispute in Kansas City, Missouri. Discover the legal remedies and actions that can help you clear up a misunderstanding, arrange a settlement, or manage an issue involving your property.

What Is a Property Dispute?

Property disputes are legal disputes that involve real estate, including single-family homes, apartments, roads, condominiums, and ponds. Kansas City, MO property disputes can involve a wide range of parties, which might include some of the following:

• Neighbors
• Homeowners’ association
• Landlords and tenants
• Family members
• Trespassers
• Property visitors
• Government agencies

Those living in Kansas City that are facing a property dispute may wish to take this dispute to court. If the dispute reaches that level, you’ll most likely have to appear before the 16th Judicial Circuit Court of Jackson County.

Common Types of Kansas City, Missouri Property Disputes

It’s important to know about common disputes to understand your circumstances. The most common property disputes often include:

• Disputes between neighbors regarding where property lines exist
• Disputes between landlords and tenants regarding who is at fault for damage to the property
• Homeowners and real estate developers disagreeing over who is responsible for repairs on construction
• People blocking their neighbor’s view via a “spite fence” or another structure specifically made to annoy their neighbor
• Disputes between mortgage lenders and creditors over who can foreclose a property and who receives the proceeds of a sale
• Disputes between homeowners and government agencies about whether they have a utility easement
• Ownership disputes about who is the rightful owner of a property
• Issues with zoning

Beyond these examples, you may find other situations in Kansas City where a property dispute occurs. In general, if you own land, you have to constantly watch out for it and ensure that others are not using it illegally or trying to claim it as their own.

Understanding Typical Kansas City, Missouri Property Disputes

The Municipal Code of Kansas City requires all property owners to trim back trees or limbs that overhang onto public property.  However, even if you feel such overhanging limbs are a nuisance, you are not permitted to trim or cut down the trees on another’s property. Doing so can result in fines, and having to pay up to 3 times the value of the trees in restitution.

The State of Missouri seeks to protect those farming and producing agricultural products in Kansas City. To this end the state legislature has passed Right to Farm Laws that disallow nuisance suits being filed as it pertains to farmland and agricultural land. Any such suit that is filed will be dismissed.

Legal Process for Boundary Disputes In Kansas City, Missouri

Has someone brought a property dispute against you in Kansas City, or are you starting a property dispute against someone else? If so, you need to understand the legal process you will go through. This process begins with understanding the issue at hand.

Understand the Boundary Issue

To understand the specific boundary dispute, you’ll have to do the following things:

• Complete a land survey to locate the exact boundary of your home as outlined in the legal description of the deed. This survey will help you understand your property and how much of your land is encroached.
• Conduct an appraisal to learn the exact market value of the piece of property that is in dispute.
• Do a title search to find all of the documents in the chain of title of your Kansas City, MO property. The title search will show if any deeds may affect your ownership.

These things will likely have happened when you purchased the home. If that’s the case, the documents you already have should suffice unless the case goes to court.

The City of Kansas City does not require applications or permits in order to build a fence on private property. However, you must still abide by certain zoning laws, such as keeping your fencing within the height requirements of 4 feet to 6 feet. However, if you desire to build a higher fence you can petition the zoning board for a special exemption, provided you can prove cause as to why your fencing should be higher.

Try to Find a Solution with Your Neighbor

Property dispute litigation in Kansas City, Missouri can cost a fortune, not to mention it can take a long time to settle a dispute. Therefore, it’s important to open a discussion between you and your neighbor. If you can reach an agreement and settle the dispute without going to court, you can save time and money.

Try to communicate directly with your neighbor. You can attempt sending a letter, email, making a phone call, or visiting their home if that’s a safe option.

If no progress happens and it’s clear that you and your neighbor are still on completely different pages, at this point, you should consider hiring an attorney to assist you. They can help you understand if you have legal grounds upon which to stand. If you do, then you can send a demand letter.

Sending a Demand Letter

This letter will be from your Kansas City attorney to your neighbor, and it will outline the property dispute. It will give your neighbor the option to respond via a requested action, or it will provide a reasonable price for settling the dispute out of court.

Your neighbor will likely forward this letter to their attorney to better understand the boundary dispute. From there, the attorneys on both sides will decide the best course of action moving forward.

Going to Court or Reaching a Settlement

Typically, the best option for both sides is to settle the dispute out of court to avoid costly litigation fees. But if your negotiations are going nowhere, it might be necessary to file the dispute with the court. The court will then look closely at the evidence presented and determine who owns the Kansas City, MO property in question. Keep in mind the court’s decision is legally binding. You may not agree with it, or it may not be exactly the result you wanted to see. That is why it’s typically in your best interest to settle.

If the outcome of your case is not to your satisfaction with the 16th Judicial Circuit Court of Jackson County, you could always take your case to the Appeals Court for the Western District of Missouri. An experienced attorney in Kansas City can help you with this process.

Work With an Experienced Local Property Dispute Lawyer In Kansas City, Missouri

When it comes to property disputes, you should work with an experienced property dispute lawyer. Whether you’re filing a property dispute against your neighbor or you are defending a dispute brought against you, you’ll need a lawyer that understands Kansas City property law on your side. An experienced lawyer can help you settle before taking the dispute to court, which will save you both time and money. We can even help you connect with an attorney across Missouri state lines.

Submit a request online or call us today at (866) 345-6784 to get in touch with an attorney in your area!