{"id":373512,"date":"2016-03-31T21:35:21","date_gmt":"2016-04-01T02:35:21","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/kentucky-law\/kentucky-adverse-possession-laws.html"},"modified":"2017-10-03T11:30:20","modified_gmt":"2017-10-03T16:30:20","slug":"kentucky-adverse-possession-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/kentucky-law\/kentucky-adverse-possession-laws.html","title":{"rendered":"Kentucky Adverse Possession Laws"},"content":{"rendered":"\n
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Kentucky Adverse Possession Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

We generally think of real estate as being ours unless someone buys it from us. However, under a legal concept known as \u201cadverse possession,\u201d a person can trespass for so long that he or she gains a right of ownership. This can be scary prospect for anyone who has a large parcel of land, or a smaller piece they don\u2019t visit often. So how do adverse possession laws work in the Bluegrass State? Here’s an introduction to adverse possession laws in Kentucky.<\/p>\n

Adverse Possession Laws in General<\/h2>\n

Though somewhat obscure, the idea of "adverse possession<\/a>" is a fairly old legal doctrine, designed to encourage landowners to use their land or keep an eye on it if and when they weren\u2019t using it. If a trespasser openly inhabits and improves the property for a determined amount of time (while meeting some other specific conditions) he or she may be allowed to gain legal title to property. Under Kentucky law, an individual must occupy property for at least 15 years before the possibility of ownership.<\/p>\n

Adverse Possession in Kentucky<\/h2>\n

The table below highlights the specifics of Kentucky\u2019s adverse possession statutes.<\/p>\n\n

Code Section<\/p>\n<\/td>\n

Kentucky Revised Statutes 413.010, et seq<\/a>: Actions Relating to Real Property<\/p>\n<\/td>\n<\/tr>

Time Period Required for Occupation<\/p>\n<\/td>\n

15 yrs. and Color of Title: 7 yrs.<\/p>\n<\/td>\n<\/tr>

Time for Landowner to Challenge\/Effect of Landowner’s Disability<\/p>\n<\/td>\n

After disability lifted: 3 yrs.<\/p>\n<\/td>\n<\/tr>

Improvements<\/p>\n<\/td>\n

–<\/p>\n<\/td>\n<\/tr>

Payment of Taxes<\/p>\n<\/td>\n

–<\/p>\n<\/td>\n<\/tr>

Title from Tax Assessor<\/p>\n<\/td>\n

–<\/p>\n<\/td>\n<\/tr><\/tbody><\/table>\n

Note:<\/b>State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.<\/i><\/p>\n

The minimum time of occupation isn\u2019t the only requirement for adverse possession — a trespasser must also prove four additional elements to have a legitimate claim:<\/p>\n