Kansas Quiet Title Statute
Is possession necessary to quiet title?
By statute, quiet title actions now apply to personal property. Under the common law, quiet title actions only used to apply to real estate. Under the orthodox concept of an action to quiet title to real property (as well as personal), it was the rule in Kansas before the present statute and the rule of common law that the pleading and proof of possession, either in person or through an agent or tenant, were necessary to maintain the action.
The reason that the possession was a necessary ingredient of an action to quiet title was that for a party out of possession, ejectment furnished an adequate remedy at law. If ejectment was not an adequate remedy to get the title determined, the party out of possession could always bring an action in equity as distinguished from the statutory action to quiet title.
Now, however, we have unified courts. That is to say that the same court can handle all issues pertaining to law and equity. Since the distinction between courts of law and courts of equity has been abolished, it is no longer realistic or necessary to require the allegation and proof of possession in order to maintain an action to quiet title. Accordingly, the requirement has been eliminated.
In most cases the question of possession will be important, and the plaintiff, if not in possession, can ask for it in the same action. If a possessory action will answer the purpose of obtaining an adjudication of title, the appropriate remedy will be one for "ejectment." It is clear that an action to quiet title, without joining a claim for possession, will not serve as an action in ejectment. It is equally clear that an action in ejectment will often be adequate as a substitute for quieting the title; however, both remedies may be obtained simultaneously.
Consult with a Johnson County Quiet Title Attorney
If you believe that you may require a quiet title action, or an action for ejectment, contact the law firm of Martin & Wallentine to discuss your case through a
free initial consultation. You will discuss your case with an experienced quiet title attorney.