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How does the adverse possession law apply to Kentucky?

How does the adverse possession law apply to Kentucky?
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Answered in 26 minutes by:
12/5/2008
Ellen
Ellen, Lawyer
Category: Real Estate Law
Satisfied Customers: 36,714
Experience: 25 years of experience helping people like you.
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Hello,

Please explain in detail how the person is using the right of way. Is the right of way the only access to the property? Did the person improve the right of way?
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Customer reply replied 8 years ago

I got this info. from a neighbor of the vacant acreage in question: The person who is

trying to get the land through tending the property, fencing, taking hay, etc., may get

the land after x number of years. There are about six heirs to the property, including

my wife. My sister-in-law in SC leased the lumber rights, which has been bringing in

a little money. I had an agreement made up with a man near the property to take the

hay on shares, but the person in question got a restraining order keeping him from

executing that right. That person is himself an attlorney, and there's rumor that he has

done the same thing to other properties.

Hello,


Thank you for your question. I am happy to assist you.


To acquire property in Kansas by adverse possession, the possessor would need to show the court that the use of the land has been open, continuous, exclusive and hostile for the statutory period in order to quiet the title of the land in his favor.


In KN the statutory period is 15 years. Kansas Code 60-503.


Here is the statute for your convenience:


60-503. Adverse possession. 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 or under a belief of ownership, for a period of fifteen (15) years. This section shall not apply to any action commenced within one (1) year after the effective date of this act.

History: L. 1963, ch. 303, 60-503; Jan. 1, 1964.


The estate or heirs will now want to file an action to evict the man from the property. This will prevent him from acquiring title by adverse possession.

You will require the services of a local attorney. If that is not possible, you can purchase the forms to file at: http://www.nupplegal.com/kseviction.html

I hope that the information which I provided was helpful to you.


Best wishes for a successful outcome. If you have additional questions, please do not hesitate to submit them to me directly.


Thank you,
Customer/strong>



THIS IS FOR INFORMATION ONLY. NO ATTORNEY-CLIENT RELATIONSHIP EXISTS. PLEASE CONSULT A LAWYER IN YOUR STATE FOR LEGAL ADVICE
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Customer reply replied 8 years ago

Thank you for the timely reply. I may have inadvertently said KN, buy I meant KY,

Kentucky. Please check that.

Thanks, Troy

It appears to be my error. I will repost an answer shortly.
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Customer reply replied 8 years ago

thank you.

Troy

Hello,


Again I apologize for my error in states.


To acquire property in Kentucky by adverse possession, the possessor would need to show the court that the use of the land has been notorious, open, continuous, exclusive and hostile for the statutory period in order to quiet the title of the land in his favor.


In KY, the statutory period is seven (7) years if held under color of title and fifteen (15) years otherwise. Kentucky Code 413.010, .050, .060


Color of title is basically that there is some type of deed, although faulty, that the person is claiming under.


The statute can be viewed at this link for your convenience:

http://lrc.ky.gov/KRS/413-00/CHAPTER.HTM

 


The estate or heirs will now want to file an action to evict the man from the property. This will prevent him from acquiring title by adverse possession.

You will require the services of a local attorney. If that is not possible, you can purchase the forms to file at: http://www.nupplegal.com/kyeviction.html

I hope that the information which I provided was helpful to you.


Best wishes for a successful outcome. If you have additional questions, please do not hesitate to submit them to me directly.


Thank you,
Customer/strong>



THIS IS FOR INFORMATION ONLY. NO ATTORNEY-CLIENT RELATIONSHIP EXISTS. PLEASE CONSULT A LAWYER IN YOUR STATE FOR LEGAL ADVICE
Ellen
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