Kansas Complaint to Quiet Title by Adverse Possessor with Unknown Defendants

State:
Multi-State
Control #:
US-02716BG
Format:
Word; 
Rich Text
Instant download

Description

A quiet title action is a civil lawsuit brought for the purpose of determining conflicting claims to real property. The action affects only those properties identified in the complaint. The action can target specific individuals who have or may claim an interest in the property (sometimes referred to as a quasi in rem proceeding); and it can sometimes be expanded to include all persons, known and unknown, who might have some interest in the property (an in rem action). A quiet title action, when properly conducted in accordance with statutory and constitu¬tional requirements, can resolve all claims and conflicts regarding the property in a single proceeding.


Most quiet title actions are based on adverse posses¬sion, in which the plaintiff alleges that he and his predecessors-in-interest have openly and notoriously claimed the property over a period of years and have paid the property taxes. Title to land can be acquired by holding it adversely to the true owner for a certain period of time. In this case, the person in possession gains title by adverse possession. The person in possession automatically becomes the owner of the property even though the person had no lawful claim to the land. In order to acquire title in this manner, possession must be actual, visible, exclusive, and continuous for a period of time. In Mississippi, the period of time is ten years. State statutes vary with regard to this period of time.


In addition to identifying adverse claimants, the plaintiff must undertake a diligent effort to give them notice of the action so that they can defend themselves. Since courts do not favor forfeitures of property interests, the plaintiff must satisfy both statutory and constitutional requirements for notice and due process. The best form of notice is personal service on the defendant(s). If a defendant cannot be served personally, states have enacted laws outlining the minimum procedures to be followed for constructive service of process on unknown or claimants that cannot be located. These minimum procedures may require mailing notice by certified mail, return receipt requested, to the last known address of a claimant; giving notice to the secretary of state for a defunct corporation; posting notice on the land; and publishing notice of the complaint in a local newspaper.

Free preview
  • Preview Complaint to Quiet Title by Adverse Possessor with Unknown Defendants
  • Preview Complaint to Quiet Title by Adverse Possessor with Unknown Defendants
  • Preview Complaint to Quiet Title by Adverse Possessor with Unknown Defendants

How to fill out Complaint To Quiet Title By Adverse Possessor With Unknown Defendants?

You can devote hours on the web searching for the legal file format that suits the state and federal requirements you will need. US Legal Forms provides a huge number of legal kinds that happen to be evaluated by specialists. It is simple to obtain or produce the Kansas Complaint to Quiet Title by Adverse Possessor with Unknown Defendants from your assistance.

If you already have a US Legal Forms accounts, it is possible to log in and click on the Down load switch. After that, it is possible to comprehensive, edit, produce, or sign the Kansas Complaint to Quiet Title by Adverse Possessor with Unknown Defendants. Every single legal file format you acquire is the one you have for a long time. To obtain another copy of any bought kind, go to the My Forms tab and click on the related switch.

Should you use the US Legal Forms internet site initially, adhere to the basic directions listed below:

  • First, make certain you have chosen the right file format for the state/area of your liking. Look at the kind information to make sure you have chosen the right kind. If offered, utilize the Preview switch to appear through the file format at the same time.
  • If you would like find another edition in the kind, utilize the Look for area to discover the format that fits your needs and requirements.
  • When you have identified the format you desire, simply click Get now to proceed.
  • Select the rates prepare you desire, type your accreditations, and sign up for a merchant account on US Legal Forms.
  • Complete the financial transaction. You may use your credit card or PayPal accounts to cover the legal kind.
  • Select the formatting in the file and obtain it to your system.
  • Make modifications to your file if needed. You can comprehensive, edit and sign and produce Kansas Complaint to Quiet Title by Adverse Possessor with Unknown Defendants.

Down load and produce a huge number of file web templates making use of the US Legal Forms Internet site, which provides the greatest collection of legal kinds. Use skilled and express-distinct web templates to take on your company or individual needs.

Form popularity

FAQ

Acting quickly is the best way to fight an adverse possession claim. Negotiate permission in writing: You may be willing to allow the use of the property. If so, having a written document helps prove you allowed specific use and could help fight an adverse possession claim.

The burden of proof extends to all of the necessary elements of such possession and includes the obligation to show that it was actual, open, continuous, and under a claim of right or title.? Holmes v. Johnson, 324 Mass. 450, 453, and cases cited. If any of these elements is left in doubt, the claimant cannot prevail.

Why would a property owner file a quiet title suit? A buyer has signed a contract to purchase a property but is uncertain of the condition of the title.

Uncertain property boundaries between neighbors, boundary disputes, unclear ownership of inherited property, and claims of adverse possession are some of the common reasons for filing quiet title actions in California.

Proof Requirements A plaintiff seeking to quiet title against a person with legal title to property has the burden of proving title by clear and convincing proof, rather than by the prepon- derance of evidence usually used in civil cases.

As an example of a quiet title, there could be a Contractor whose primary job is flipping a house, meaning that Contractor A purchases a home for a low price, makes necessary home improvements, and then turns around and sells the home for a profit.

A quiet title action is a special legal proceeding to determine ownership of real property. A party with a claim of ownership to land can file an action to quiet title, which serves as a sort of lawsuit against anyone and everyone else who has a claim to the land.

Adverse possession is one possible theory of ownership that might be asserted within a quiet title action. Adverse possession is one of the only ways to obtain ownership of property other than deed or inheritance.

Trusted and secure by over 3 million people of the world’s leading companies

Kansas Complaint to Quiet Title by Adverse Possessor with Unknown Defendants