Legal Question in Construction Law in Kentucky

Adverse Possession by EKU College in Kentucky

Adverse Possession by EKU College in Kentucky

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EKU of Kentucky is building a school next to my home,There plans show my home being on there land by 3 feet,they propose to put a headwall,and Rip Rap ditch line within 3 feet of my door coming out of my Garage...so when i exit my garage i will step into a rock ditchline,My Question would be is there anything i can do to prevent this????I have mowed and maintained this lot for 33 years...even parked my boat there....This will destroy my home, as the water flow is bad now but with there rerouting of the ditchline it will all come to my basement.....PLEASE HELP...........ANY ADVISE.......Note...I have informed the contractor to not come over the line i have maintained or else we will have trouble...may not have a leg to stand own........Can they come in and do this without any regard to my home and future problems this could cause??????Thanks for any and ALL Help in this matter....


Asked on 9/13/07, 3:01 pm

1 Answer from Attorneys

Gregory Napier Troutman & Napier, PLLC

Re: Adverse Possession by EKU College in Kentucky

Based on the facts you have presented, you very well may have a case for adverse possession and may be able to obtain an injunction to halt this. Most of the elements appear to be present. However, you really need to go to a lawyer right away with every document you have that might pertain to this and invest in a consultation.

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Answered on 9/13/07, 3:27 pm


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