Legal Question in Real Estate Law in Kentucky
A neighbor has been using our driveway to get to his property. In a agreement he submitted about 6 years ago, he stated that he would maintain the driveway. He has not done this and has also had others coming to his property using this driveway. They have accessed our property, been caught speeding, driving on the grass and generally being a nuisance. Is he covered by "adverse possession" under Kentucky statutes?
1 Answer from Attorneys
Dear Concerned:
381.240 Title to land in adverse possession not to be certified.
No county clerk or other county or state officer shall officially certify to any abstract or statement of title to lands in this state, where such lands are in the actual possession of another than the person or corporation shown to be the owner of the abstract or certificate, when such person in possession is claiming such lands under title adverse to that shown in such abstract or certificate.
Effective: October 1, 1942
History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2379a-1.
Contact a local Attorney ASAP for further advice. Good luck!
Sincerely,
�WHERE EXPERIENCE COUNTS, COUNT ON MY EXPERIENCE�
J. NORMAN STARK, ATTORNEY*
ARCHITECT EMERITUS (Ohio) A.I.A., N.C.A.R.B.
1109 Carnegie Avenue Cleveland, Ohio 44115
(216) 531-5310 x7100 Email: [email protected]
*Author: The Construction Claims Investigation Worklist�
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