Legal Question in Real Estate Law in Kansas

My great grand parents had land in Kansas, in the Will it was said to never be sold. Years later my grand fathers brother, got in some trouble with a horse rancher. The rancher stated he would take the land which states in the Will to never be sold, as payment for what was owed on the horses. From my understanding the land was sold. I'm 44 and when I was around 13 a lawyer came to my grand ma's house in Enid , Oklahoma stating she had a claim to this land, but nothing was ever done about it, she declined to get involved. I'm only a grand son but was wondering if there is a statute of limitations on this land. Any answers would be helpful. I know there is lots of loose ends, and I don't know all the facts. Thanks for any help

Asked on 6/26/10, 2:58 pm

1 Answer from Attorneys

Anthony Smith LawSmith

In law school they call it the law against pertutites, or "severing the dead hand" in either case it basically says that a will cannot burden a land mass forever. In most cases, the length is a living person plus twenty years. So, lets say when yrou great granparents passed away, the clock starting ticking. If the land went to their children (your grandparents) then the restriction on selling coudl only be effective (if it s is at all) for the remainder of the grandparent that live sthe longest plus twenty years.

Most restictions fail outright. But. assuing this one stuck, then there is another criteria to be met. Say the granparents got the house from the greatgrandparents estate through adeed that did nto mentiont eh restriction of sales. If when the horse seller got the proeprty, that deed did not state the restriction of slaes, then you have an innocent buyer without notice. To my knowledge, no court has ever undone such a lease except where the federal government has restricted sales due to indian treaty ro railraod land apportionment compact.

You might hire a trust insurer to examine the title to this land. They might do so for just a couple hundrend to the few thousand dollars. They can tell you the specifics of this land.

Good luck

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Answered on 7/07/10, 10:58 am

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