A 65-year-old fence sparked a fight over 5.13 acres in Kansas; what happened and why did the neighbours go to court?

In Barber County, Kansas, a property dispute gained a lot of attention. It was centered around a fence that had stood between two neighbouring properties for around 65 years. It involved land owned by Dan Hittle and neighbouring landowners Ron Loftus and Patricia Lynn Loftus. The fence reportedly did not follow the actual legal property boundary. Around 5.13 acres of land, forming a triangular patch, lay between the existing fence and the legally recognised boundary. The terrain had a bog, a creek, terraces, a steep 20-30-foot cliff and large trees. The fence was built along a more convenient route rather than the exact legal property boundary.

How did the dispute begin?

Ron and Patricia Loftus purchased the neighbouring property in 2002. In 2014, Ron rebuilt a section of the fence near a creek. Hittle saw the work and spoke with him. But, they did not discuss changing the property boundary.

In 2021, Don Queal and Donna Hoener-Queal purchased part of the Hittle family property. Don Queal examined the fence and noticed an unusual bend in its route. Hittle later explained that the fence did not represent the actual property boundary.


They later could not agree on where the replacement fence should be built. Loftus offered to purchase the disputed land from Queal, but faced disappointment.

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The legal proceedings

In 2023, Queal and Hittle filed a lawsuit. The aim was to seek legal ownership of the properties. They also argued that previous property owners had mutually agreed to treat the old fence as the permanent boundary.

The lower court rejected the argument. It accepted Hittle's account and also rejected the Loftuses' adverse possession claim.

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What did the Kansas Court of Appeals do?

It issued its decision on August 28, 2026. It stated that the property boundaries are generally determined by the legal description in deeds. In the end, the court found no sufficient reason to overturn the lower court's findings. It affirmed the ruling in favour of Queal and Hittle.