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Adverse Possession in Kentucky

Adverse possession is a legal doctrine that allows someone to acquire ownership of property that does not belong to them. In order to establish adverse possession, a person must meet the following requirements:

  • They must have actual possession of the property. This means that they must be physically present on the property and have the right to exclude others from it.

  • They must have open and notorious possession of the property. This means that their possession must be visible to the public and cannot be hidden.

  • Their possession must be continuous and uninterrupted. This means that they must have been in possession of the property for the entire statutory period.

  • Their possession must be hostile and adverse. This means that they must have taken possession of the property without the consent of the true owner.

The statutory period for adverse possession in Kentucky is 15 years. This means that if a person has been in continuous, open, notorious, hostile, and adverse possession of property for 15 years, they may be able to acquire ownership of that property.

There are a few exceptions to the adverse possession doctrine in Kentucky. For example, property that is owned by the government cannot be acquired by adverse possession. Additionally, property that is used for public purposes, such as roads and schools, cannot be acquired by adverse possession.

If you believe that you may have a claim to property based on adverse possession, you should contact an attorney. An attorney can help you determine if you meet the requirements for adverse possession and can help you protect your rights.


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