What to do if someone is squatting in your property before it sells — Kansas

Short answer: In Kansas, an owner generally must use the courts to remove a squatter. Do not try to remove the person yourself. You will usually file a court action (forcible detainer/ejectment) to get a judgment and a sheriff’s order to remove the occupant. A person who has lived on property long enough and meets strict legal elements may try to claim title by adverse possession, which raises different issues. This article explains the difference, the usual steps to remove a squatter, practical tips, and when to get an attorney.

Disclaimer: This information is educational only and is not legal advice. For legal decisions about a specific situation, consult a licensed Kansas attorney.

Detailed Answer — How Kansas law treats squatters and how to get them removed

1. Figure out what you are dealing with: squatter vs. tenant vs. adverse possessor

Before taking action, determine the occupant’s legal status. Common possibilities:

• Trespasser / squatter: No lease, no permission, simply occupying the property. This is usually a civil matter for property owners.
• Tenant with a verbal agreement: Even informal permission or rent payments can create tenant rights and change the removal process.
• Adverse possessor: Someone who claims ownership because they have occupied the land openly and exclusively, without permission, for the statutory period and otherwise meet legal elements. If successful, an adverse possession claim can extinguish the owner’s right to recover the property.

2. Don’t use self-help

Do not change locks, remove personal property, shut off utilities, or physically force occupants out. Kansas law generally forbids self-help evictions by property owners and doing so can expose you to civil liability and criminal charges. Use the legal process instead.

3. Typical legal route: forcible detainer / ejectment

Most owners remove unlawful occupants by filing a civil action in the appropriate court (often called a forcible detainer, forcible entry and detainer, or ejectment) to recover possession. Basic steps:

1. Gather proof of ownership: deed, tax records, mortgage or trustee sale documents, closing paperwork if the sale is in process.
2. Serve the occupant with a demand to vacate when required (your attorney will confirm whether a pre-filing notice is necessary in your facts).
3. File the forcible detainer/ejectment complaint in the correct Kansas court (district or county court depending on value/type of proceeding).
4. The court schedules a hearing. If you win, the court issues a judgment for possession and directs a sheriff to remove the occupant (a writ or order of restitution/writ of possession).
5. The sheriff enforces the judgment and physically removes the occupant if they still refuse to leave.

This procedure protects you from claims of illegal eviction and provides the legal authority needed for law enforcement to act.

4. Adverse possession: when a squatter might try to keep the property

An adverse possession claim requires strict legal elements (usually: possession that is actual, open and notorious, exclusive, hostile/adverse to the owner’s interests, and continuous for the statutory period). If an occupant meets those elements for the statutory period, they may seek to quiet title or claim ownership. Kansas law has rules and limitations that govern adverse possession claims; owners who act promptly make such claims less likely to succeed. For an overview of civil procedures and statutes that apply to claims to recover real property and limitations, see Kansas statutes on civil procedure and actions related to property: https://ksrevisor.org/statutes/chapters/ch60.html

5. When can police remove a squatter immediately?

Police often view possession disputes as civil unless there is an in-progress forcible entry, violence, or a clear criminal trespass. If the occupant refuses to leave and the situation is simply a landlord/owner dispute, the police typically will tell you to go to court. If criminal conduct occurs (threats, breaking locks, or forcible entry), police may have authority to act under Kansas criminal statutes. For general criminal statutes and trespass provisions, see Kansas criminal statutes: https://ksrevisor.org/statutes/chapters/ch21.html

6. Special issues that can slow or stop removal

• Adverse possession claim: If the occupant files a claim, you will need to litigate title or remove them before the statutory period runs (consult counsel immediately).
• Bankruptcy by the occupant: If the squatter files bankruptcy, an automatic stay may temporarily block eviction until the bankruptcy court lifts the stay.
• Belongings and eviction logistics: Kansas law and local court rules often require notices about personal property and procedures for storage/disposal after an eviction.
• Owner status and sale process: If you are in the middle of a sale (foreclosure or private sale), coordinate with your trustee, lender, or closing agent so buyers and sellers understand who handles removal and costs.

7. Timeline and costs (typical)

A forcible detainer action often takes several weeks to a few months depending on court schedules and defenses raised by the occupant. Costs include court filing fees, service fees, attorney fees, and sheriff fees for executing a writ of possession. If the occupier raises an adverse possession claim or other defense, litigation can be longer and more expensive.

8. Practical next steps for an owner in Kansas

1. Document everything: photos of the occupant and property condition, communications, dates when occupancy began, any payments or statements by the occupant, and proof of ownership.
2. Do not engage in self-help eviction. Keep communication civil and factual; avoid threats or confrontations.
3. Contact a Kansas attorney who handles real estate and eviction/forcible detainer cases to review your facts and file the appropriate action. An attorney can also advise whether an immediate criminal trespass report is appropriate.
4. Coordinate with local law enforcement and the sheriff’s office about enforcement of any court-issued writ of restitution.

Helpful Hints

• Keep careful, dated records (photos, messages, notices) showing you asked the occupant to leave and that you own the property.
• Never remove locks, utilities, or personal property yourself — use the courts and sheriff for removal.
• If you plan to sell a property that currently has an occupant, disclose the situation honestly to the buyer and discuss who will pay for removal or how title issues will be handled at closing.
• Act quickly. The longer an occupant stays, the greater the chance they will attempt a legal defense or adverse possession claim.
• Ask your attorney about temporary restraining orders or expedited possession remedies if you face imminent damage, illegal activity, or other urgent harms.
• Find local court forms and procedures or contact the county court clerk to learn the exact filing steps and fees for your county.
• If you suspect criminal activity (vandalism, theft, threats), report it to the police in addition to filing civil actions.

For more information about Kansas civil procedure and claims related to the recovery of real property, see Kansas statutes (Civil Procedure): https://ksrevisor.org/statutes/chapters/ch60.html

If you want help finding a local attorney who handles property recovery, eviction, or quiet title actions, consider contacting your local county bar association or a legal referral service in Kansas.