60-1002.
Quieting or determining title or interest in property.
(a)
Right of action.
An action may be brought by any person claiming title or interest in personal or real property, including oil and gas leases, mineral or royalty interests, against any person who claims an estate or interest therein adverse to him or her, for the purpose of determining such adverse claim.
(b)
Action to bar lien claim, when.
When a lien on property has ceased to exist, or when an action to enforce a lien is barred by a statute of limitation or otherwise, the owner of the property may maintain an action to quiet title.
History:
L. 1963, ch. 303, 60-1002; January 1, 1964.
Notes of Decisions
Cited in
23
cases (
9 in the last 5 years), 1967–2025 · leading case:
Crone v. Nuss, 263 P.3d 809 (Kan. Ct. App. 2011).
Crone v. Nuss, 263 P.3d 809 (Kan. Ct. App. 2011).
· cites it 4× “60-1001; K.S.A. 60-1002. In this case, the Crones filed a quiet title action against Nuss, the Hott Trust, and Richard and Marla Brocher asking the trial court to award title to the disputed land to the Crones under a theory of adverse possession.”
Leathers v. Leathers, 856 F.3d 729 (10th Cir. 2017).
“1994) (discussing Kan. Stat. Ann. § 60-1002 ). The person against *748 whom the action is brought must “claim[ ] an estate or interest therein which is adverse to that of the owner” who filed the action, and “[t]he action may be brought for the purpose of determining such…”
Dubowy v. Baier, 856 F. Supp. 1491 (D. Kan. 1994).
· cites it 4× “K.S.A. § 60-1002 authorizes one claiming title to or an interest in real property to maintain an action to quiet the title against any person who claims an adverse estate or interest.”
Ferrell v. Ferrell, 719 P.2d 1 (Kan. Ct. App. 1986).
“” K.S.A. 60-1002. In the present case, defendants claim the right, title, and interest in and to the mineral rights of the “Holly Lease” acreage, and have as proof of that claim two quitclaim deeds properly filed containing no reservation of mineral interests.”
LaBarge v. City of Concordia, 927 P.2d 487 (Kan. Ct. App. 1996).
“K.S.A. 60-1002 allows an owner of real estate to bring a quiet title suit “against any person who claims an estate or interest therein” which is adverse to that of the owner.”
Seirer v. Home State Bank, 637 P.2d 483 (Kan. Ct. App. 1981).
“60-1001), quiet title (K.S.A. 60-1002), and partition (K.S.A. 60-1003), comparable to real estate.”
Beams v. Werth, 438 P.2d 957 (Kan. 1968).
“K.S.A. 60-1002 authorizes one claiming title or interest in real property to maintain an action to quiet his title against any person who claims an estate or interest therein adverse to him, for the purpose of determining such adverse claim.”
In Re Griffin, 141 B.R. 207 (Bankr. D. Kan. 1992).
“K.S.A. 60-1002 provides that “An action may be brought by any person claiming title or interest in personal or real property_” Under K.”
In Re Brollier, 165 B.R. 286 (Bankr. W.D. Okla. 1994).
“” In addition, her interest in the property can be determined under K.S.A. 60-1002 which provides: *292 “[A]n action may be brought by any person claiming title or interest in personal or real property, including oil and gas leases, mineral or royalty interests, against any…”
Jensen v. Sw. States Mgmt. Co., 629 P.2d 752 (Kan. Ct. App. 1981).
““Furthermore under K.S.A. 60-1002 a quiet title action may be brought by any person claiming an interest in real property against any person who claims an interest therein adverse to him, for the purpose of determining such adverse claim.”
In re the Est. of Area, 351 P.3d 663 (Kan. Ct. App. 2015).
“The executor or administrator, alone or with the heirs or devisees, may maintain an action for the possession of the real estate or to quiet title to it.”
— K.S.A. § 60-1002(a) — 6 cases
— K.S.A. § 60-1002(b) — 2 cases
In re the Est. of Area, 351 P.3d 663 (Kan. Ct. App. 2015).
“The executor or administrator, alone or with the heirs or devisees, may maintain an action for the possession of the real estate or to quiet title to it.”
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