K.S.A. » Chapter 60
Kansas Statutes Annotated

K.S.A. § 60-1108 (2026)

Action by landowner for adjudication, cancellation

✓ current as of May 2026
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60-1108. Action by landowner for adjudication, cancellation. If any lien or liens are filed under the provisions of this article and no action to foreclose any of such liens is commenced, the owner of the land may file such owner's petition in the district court of the county in which such land is situated, making such lien claimants defendants therein, and praying for an adjudication of such lien or liens so claimed. If any such lien claimant shall fail to establish such claimant's lien, the court may tax against such claimant the whole or such portion of the costs of such action as may be just. If no action to foreclose or adjudicate any lien filed under the provisions of this article shall be instituted within the time provided in subsection (a) of K.S.A. 60-1105, and amendments thereto, the lien shall be considered canceled by limitation of law.

History: L. 1963, ch. 303, 60-1108; L. 1992, ch. 47, § 5; July 1.

Notes of Decisions
Cited in 6 cases (2 in the last 5 years), 1988–2025 · leading case: In Re Birdview Satellite Commc'ns, Inc., 90 B.R. 465 (Bankr. D. Kan. 1988).
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In Re Birdview Satellite Commc'ns, Inc., 90 B.R. 465 (Bankr. D. Kan. 1988). · cites it 2× “60-1105(a), K.S.A. 60-1108 provides a statutory remedy.”
Manhattan Mall Co. v. Shult, 864 P.2d 1136 (Kan. 1993). “The evidence presented shows that Manhattan Mall Company is an owner and a general and managing partner of the Mall and is entitled to bring this action on leased space both in its authority as a general partner and as owner defined in K.S.A. 60-1108, and is a real party in…”
Columbia Sav. Ass'n, F.A. v. McPheeters, 911 P.2d 187 (Kan. Ct. App. 1996). “” K.S.A. 60-1108 further provides: “If no action to foreclose or adjudicate any lien filed under the provisions of this article shall be instituted within the time provided in subsection (a) of K.”
In re Lien Against the Dist. at City Ctr. (Kan. Ct. App. 2020). · cites it 2× “See K.S.A. 60-1108. Or the subcontractor could have attempted to amend or foreclose on the lien, allowing all interested parties to weigh in on the contractor's payment obligations.”
Graycon Bldg. Grp., Inc. v. Med Ridge West (Kan. Ct. App. 2022). “K.S.A. 60-1108 gives specific rights to a property owner in such circumstances.”
Savage v. Timsah (Kan. Ct. App. 2025). “There, the Sahgals filed suit against DMA for slander of title, under K.S.A. 60-1108, to adjudicate and cancel a mechanic's lien filed by DMA.”
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