Property Disputes in Wichita, 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 Wichita, 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. Wichita, 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
The Sedgwick County District Court has jurisdiction over most of the property disputes in Wichita. Residents of Wichita that find themselves facing a property dispute will generally begin to resolve the process in this court.
Common Types of Wichita, 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 Wichita 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 Wichita, Kansas Property Disputes
Kansas Tree and Shrubbery Laws give Wichita property owners the right to trim and prune branches that overhang to their property. This law holds true, even if the stump of the tree is located on an adjoining property. In addition, if a tree falls and causes damage, and the property owner is proven negligent, he or she can be forced to pay damages.
Additionally, the State of Kansas encourages the protection and development of farming and agricultural land in Wichita. Therefore, Right to Farm Laws protect Kansas City farmers, farmland, and agricultural producers from nuisance lawsuits.
Legal Process for Boundary Disputes In Wichita, Kansas
Has someone brought a property dispute against you in Wichita, 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 Wichita, 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.
The Kansas State Legislature affirms that a residential privacy fence in Wichita cannot exceed 6 feet in height. However, you can petition the city for a taller fence if you feel you have need. In addition, a fence that falls between two adjoining properties is considered the responsibility of both property owners, and both have to contribute to upkeep and repairs.
Try to Find a Solution with Your Neighbor
Property dispute litigation in , can be expensive and time-consuming. To avoid the high costs and lengthy process of going to court, it’s best to try resolving the dispute through direct communication with your neighbor. Settling without involving the courts can save both time and money.
Start by reaching out to your neighbor through a letter, email, phone call, or an in-person visit if it’s safe to do so. Clear communication can help clarify misunderstandings and bring about a solution.
If your efforts don’t lead to any progress and it becomes evident that you and your neighbor cannot agree, it may be time to consult an attorney. An attorney can assess whether you have a strong legal case and help you take the next steps, which may include sending a demand letter to formally address the issue.
Sending a Demand Letter
This letter will be from your Wichita 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 Wichita, 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.
Residents of Wichita will most likely begin their property dispute with the Sedgwick County District Court. However, it may also be beneficial to seek the counsel of an experienced attorney in Wichita.
Work With an Experienced Local Property Dispute Lawyer In Wichita, 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 Wichita 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.
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