Property Disputes in Topeka, KS

Property disputes in Kansas 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 Topeka, Kansas. 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. Topeka, KS 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

Generally, these parties to a property dispute in Topeka will work with one of the state’s district courts.

Common Types of Topeka, Kansas 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 Topeka 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 Topeka, Kansas Property Disputes

According to Angi, mature trees on your property can add $1,000 to $10,000 in property value. This fact makes it all the more frustrating when damage happens to them. It can even be difficult to know who has the right to take action at times. As an illustration, consider the current state law for cities removing trees or shrubberies from streets or alleys. They can take this action if an owner doesn’t get them out of a right of way with reasonable notice.

Topeka residents can also clash with their neighbors engaged in agricultural activities. In response to lawsuits that can cease operations, the state passed a Right to Farm law. In effect, this legislation prevents law-abiding farms or ranches in the area from litigation. If your property dispute involves agriculture, understanding the options available will be essential.

Legal Process for Boundary Disputes In Topeka, Kansas

Has someone brought a property dispute against you in Topeka, 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 Topeka, KS 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.

Legal issues about fencing can be a critical part of any boundary dispute in Topeka. That being the case, Kansas Statutes contain details about who is responsible for enclosures. In particular, these laws have expectations for what steps neighbors that engage in agriculture should take. An example of this legislation is the current legal requirements for a hog-tight fence.

Try to Find a Solution with Your Neighbor

Property dispute litigation in , can be costly and time-consuming. To avoid the stress and expenses of going to court, it’s beneficial to try and resolve the issue directly with your neighbor. Settling outside of court can save both time and money.

Start by communicating directly with your neighbor. You can try sending a letter, an email, making a phone call, or visiting their home if it’s safe to do so.

If these efforts don’t yield results and it’s clear that you’re still at an impasse, it might be time to consult with an attorney. An experienced lawyer can help you assess whether you have a strong legal case. If so, they can assist in drafting a demand letter to move forward with the dispute resolution.

Sending a Demand Letter

This letter will be from your Topeka 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 Topeka, KS 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 negotiation fails, Topeka residents may leave the decision with a judge or jury at the Shawnee County Courthouse.

Work With an Experienced Local Property Dispute Lawyer In Topeka, Kansas

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 Topeka 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 Kansas state lines.

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

About the Author

Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.

With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.