Attorney General Opinion No.

Philip E. Winter Lyon County Counselor Courthouse Emporia, Kansas 66801

Dear Mr. Winter:

As Lyon county counselor, you request our opinion whether Lyon county is liable to the purchaser of a tract of land from an annual county tax sale for a claim made on the same tract by an alleged adverse possessor.

The doctrine of adverse possession is codified in K.S.A. 60-503 which states in pertinent part:

"No action shall be maintained against any person for the recovery of real property who has been in open, exclusive and continuous possession of such real property, either under a claim knowingly adverse…