Adverse Possession in the State of Kentucky

Adverse possession is a legal process that allows an individual to take ownership of land or buildings that are currently owned by another person. It’s also known as “squatter’s rights” and can be applied to real property (land or buildings) or tangible property (such as cars, jewelry, or furniture). Adverse possession laws are written and enforced by state governments, not the federal government. While adverse possession laws in Kentucky may seem unfair, the hurdles to proving ownership are not easy to leap because it requires strict proof of certain elements before ownership will pass.

What Is Adverse Possession?

The legal term “adverse possession” refers to a situation in which someone wrongfully occupies the land of another person for a significant period of time. Adverse possession is also known as “squatter’s rights.” Adverse possession is the process by which a person can gain ownership of land that does not belong to them. Adverse possession is achieved by openly using the property for an extended period of time without objection from the owner. Every U.S. state allows adverse possession in some form, although the requirements differ from state to state.

Types of Adverse Possession

Actual Possession

The most common form of adverse possession in Kentucky is actual possession. Actual possession occurs when an individual actually uses the property, without permission of the legal owner, but with the intention to claim it as his own. The amount of time required for an individual to gain title by means of actual possession varies from state to state, but generally ranges between five and fifteen years depending on the circumstances.

Hostile to the Owner

Hostile to the true owner is where the person who is claiming adverse possession was aware that they were trespassing on another’s property, but still took possession of it. This does not mean that the person had to know he was trespassing on another’s land; all that needs to be proven is that the person knew he was in possession of someone else’s property.

Exclusive Possession

Exclusive possession is usually established by showing that the possessor was in sole control of the property and that no one else was able to do anything with it. Exclusive possession can also be established by showing that there was an intention to exclude others from using or occupying the property while claiming it as their own.

Open and Notorious

Possession must be open and notorious for a person to claim adverse possession. This means that the possessor must openly occupy the property, without hiding his or her presence from others around them. The law wants to make sure that the owner of a record is aware of what’s happening with his or her property, so they don’t lose it by default.

Continuous for 15 years

If you are using or occupying another person’s land for 15 years, then you may have a claim of adverse possession. The law does not require that you actually live on the property; it only requires you to use the property in some way. For example, if you are a farmer who uses your neighbor’s land to plant crops every year for 15 years, then there is a good chance that he will lose his claim to that land.

Tips for Protecting Yourself From Squatters in Kentucky

Install Window Locks

A lot of squatters will attempt to get into your home through windows, so it’s important to install locks on all of your windows. These locks are easy to install and can help prevent a potential squatter from gaining access to your home.

Visit the Property

If you can visit your property, you may be able to spot squatters before they even move in. If the place looks like it has been abandoned for a long time, then chances are someone is living there illegally. The windows may be covered with newspaper or cardboard.

Alarm Systems

Install a monitored alarm system that can be remotely accessed. This will tell you if there is any activity in your home beyond what should be there. If someone breaks into the house and sets off the alarm, you’ll know about it immediately and can call law enforcement for help.

Get to Know Your Neighbours

If you’re a new homeowner in Kentucky, it can be easy to forget about your neighbors. But it’s important to remember that they can help you out if something goes wrong—like when squatters move into your home while you’re away! When you first move into a neighborhood, make sure to introduce yourself to the people around you and get to know them. You may end up forming lasting relationships with some of your new neighbors, who will be there for you when times are tough!