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Gerald-Esquire
Gerald-Esquire, Lawyer
Category: Real Estate Law
Satisfied Customers: 4180
Experience:  30 years of experience.
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About 16 years ago i owned propety that i had my repair shop

Customer Question

about 16 years ago i owned propety that i had my repair shop on and ran my business that i still currently have. Union pacific owned the property between my shop and property to the north and between the loca lumber company. when they left and removed all the tracks , they gave this property to the county and in return the county split this property in the center where the tracks were and gave me the adjoining property south of this center line and the north of this property went to the lumber company. On the property I recieved were two buildings that the lumber company leased from the railroad. The county gave these buildings to the lumber company tax free and stated them as no value . but the land which the county and buildings set on is mine and I recieve a tax bill on this property every year. I talked to the owners of the lumber yard and they understood that i owned the land and i had no problem with them keeping and using the buildings as long as they kept them up and cleaned and mowed to keep them presentable. well over the course of the past several years, they have done nothing to keep them presentable , havent mowed or picked the trash and old pallets up after they get in shipments , etc. etc. 2 of the owners are gone now and since retired and passed away. i have approached them
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: kansas
JA: Has any paperwork been filed?
Customer: yes. the property taxes and property lines were drawn up in 2001
JA: Anything else you want the lawyer to know before I connect you?
Customer: just that i have talked to the last owner of the lumber yard and he has no intentions of letting me have the buildings or fixing them up . i feel them letting them go and not keeping up their part in taking care of them . i should be able to do something about this . can i take possesion of them ?
Submitted: 12 months ago.
Category: Real Estate Law
Expert:  Gerald-Esquire replied 12 months ago.

Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

Expert:  Gerald-Esquire replied 12 months ago.

Hello,

Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

Yes you can take steps to either take ownership, have the buildings removed, or have the buildings sold. The type of legal action that you can use to accomplish this is referred to as a Partition Action. A Partition is a legal action that is used to establish certain rights to real or personal property and forces an uncooperative party with a competing interest to take action.

Here is a link to the law:

http://www.kslegislature.org/li_2012/b2011_12/statute/060_000_0000_chapter/060_010_0000_article/060_010_0003_section/060_010_0003_k/

The process can be a bit complicated and the use of local counsel is recommended. If it can be shown that the uncooperative party has been derelict in their obligation you may be able to obtain attorney's fees.

You can find local cousnel through this link:

http://lawyers.findlaw.com/lawyer/practicestate/real-estate-law/kansas

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Good luck,

Please note: Information given is not legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.